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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MOUL, BAKER, BARRAR, BLOOM, BOBACK, CAUSER, CLYMER, CREIGHTON, CUTLER, DALEY, DENLINGER, ELLIS, EVERETT, FLECK, GABLER, GILLEN, GILLESPIE, GINGRICH, GODSHALL, GOODMAN, GROVE, HESS, HORNAMAN, HUTCHINSON, KAUFFMAN, M. K. KELLER, KILLION, LAWRENCE, MAHONEY, MASSER, METZGAR, MILLARD, MURT, PEIFER, PICKETT, PYLE, RAPP, REICHLEY, ROAE, SAYLOR, SCHRODER, SONNEY, STERN, SWANGER AND TALLMAN, MAY 9, 2011 |
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| REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, MAY 9, 2011 |
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| AN ACT |
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1 | Amending the act of February 2, 1965 (P.L.1860, No.586), |
2 | entitled "An act encouraging landowners to make land and |
3 | water areas available to the public for recreational purposes |
4 | by limiting liability in connection therewith, and repealing |
5 | certain acts," further providing for liability for landowners |
6 | to recreational users; and providing for attorney fees and |
7 | court costs. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1 of the act of February 2, 1965 |
11 | (P.L.1860, No.586), entitled "An act encouraging landowners to |
12 | make land and water areas available to the public for |
13 | recreational purposes by limiting liability in connection |
14 | therewith, and repealing certain acts," amended June 20, 2007 |
15 | (P.L.42, No.11), is amended to read: |
16 | Section 1. The purpose of this act is to encourage owners of |
17 | land to make land and water areas available to the public for |
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1 | recreational purposes by limiting their liability to: |
2 | (1) recreational users; and |
3 | (2) persons or property, wherever located, based on: |
4 | (i) acts of omission by landowners; or |
5 | (ii) acts or acts of omission by recreational users. |
6 | Section 2. Section 2 of the act, amended March 26, 1992 |
7 | (P.L.27, No.10), is amended to read: |
8 | Section 2. As used in this act: |
9 | (1) "Land" means land, roads, water, watercourses, private |
10 | ways and buildings, amenities, structures, boating access and |
11 | launch ramps, bridges, fishing piers, boat docks, ramps, paths, |
12 | paved or unpaved trails, hunting blinds, and areas providing |
13 | access to, or parking for, lands and waters, including, but not |
14 | limited to, access ramps, trails or piers for use by persons |
15 | with disabilities, and machinery or equipment when attached to |
16 | the realty. The term applies to such areas and physical objects |
17 | whether they are in an unimproved condition or a condition |
18 | improved by manmade effort, whether they are large or small in |
19 | size and whether they are located in a rural or an urban area. |
20 | (2) "Owner" means the possessor of a fee interest, a tenant, |
21 | lessee, occupant or person in control of the premises. |
22 | (3) "Recreational purpose" means any activity undertaken or |
23 | viewed for exercise, sport, education, recreation, relaxation or |
24 | pleasure and includes, but is not limited to, any of the |
25 | following, or any combination thereof: hunting, fishing, |
26 | swimming, boating, camping, picnicking, hiking, pleasure |
27 | driving, snowmobiling, all-terrain vehicle and motorcycle |
28 | riding, nature study, water skiing, water sports, cave |
29 | exploration and viewing or enjoying historical, archaeological, |
30 | scenic, or scientific sites. |
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1 | (4) "Charge" means the admission price or fee asked in |
2 | return for invitation or permission to enter or go upon the |
3 | land. The term shall not include in-kind contributions or |
4 | contributions made to an owner of real property which are de |
5 | minimis and given in consideration for making the real property |
6 | available for recreation purposes. |
7 | (5) "Recreational user" means any person who enters or uses |
8 | land for a recreational purpose. |
9 | (6) "Willful or malicious" means, in reference to an owner |
10 | of real property, an actual or deliberate intention by the owner |
11 | to cause harm or which, if not intentional, shows an utter |
12 | indifference to or conscious disregard for the safety of others. |
13 | Section 3. Section 3 of the act is amended to read: |
14 | Section 3. Except as specifically recognized or provided in |
15 | section 6 of this act, an owner of land owes no duty of care to |
16 | keep the premises safe for entry or use by [others for |
17 | recreational purposes] recreational users, or to give any |
18 | warning of a dangerous condition, use, structure, or activity on |
19 | such premises to [persons entering for such purposes] |
20 | recreational users. |
21 | Section 3. Section 4 of the act, amended June 20, 2007 |
22 | (P.L.42, No.11), is amended to read: |
23 | Section 4. Except as specifically recognized by or provided |
24 | in section 6 of this act, an owner of land who either directly |
25 | or indirectly invites or permits without charge any [person] |
26 | recreational user to use such property [for recreational |
27 | purposes] does not thereby: |
28 | (1) Extend any assurance that the premises are safe for any |
29 | purpose. |
30 | (2) Confer upon such [person] recreational user the legal |
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1 | status of an invitee or licensee to whom a duty of care is owed. |
2 | (3) Assume responsibility for or incur liability for any |
3 | injury to persons or property caused by an act of omission of |
4 | [such persons] a recreational user or landowner. |
5 | (4) Assume responsibility for or incur liability for any |
6 | injury to persons or property, wherever such persons or property |
7 | are located, caused while hunting as defined in 34 Pa.C.S. § 102 |
8 | (relating to definitions). |
9 | Section 5. Sections 6 and 7 of the act are amended to |
10 | read:Section 6. Nothing in this act limits in any way any |
11 | liability which otherwise exists: |
12 | (1) For wilful or malicious failure to guard or warn against |
13 | a dangerous condition, use, structure, or activity. |
14 | (2) For injury suffered in any case where the owner of land |
15 | charges the [person or persons] recreational user or users who |
16 | enter or go on the land [for the recreational use thereof], |
17 | except that in the case of land leased to the State or a |
18 | subdivision thereof, any consideration received by the owner for |
19 | such lease shall not be deemed a charge within the meaning of |
20 | its section. |
21 | Section 7. Nothing in this act shall be construed to: |
22 | (1) Create a duty of care or ground of liability for injury |
23 | to persons or property. |
24 | (2) Relieve any [person using the land of another for |
25 | recreational purposes] recreational user from any obligation |
26 | which he may have in the absence of this act to exercise care in |
27 | his use of such land and in his activities thereon, or from the |
28 | legal consequences of failure to employ such care. |
29 | Section 6. The act is amended by adding a section to read: |
30 | Section 7.1. The court shall award attorney fees and direct |
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1 | legal costs to an owner, lessee, manager, holder of an easement |
2 | or occupant of real property who is found not to be liable for |
3 | the injury to a person or property pursuant to this act. |
4 | Section 7. This act shall take effect in 60 days. |
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