PRINTER'S NO. 767
No. 497 Session of 2007
INTRODUCED BY ROBBINS, WONDERLING, SCARNATI, WOZNIAK, MADIGAN, MUSTO, WAUGH, RHOADES, BOSCOLA, PUNT, M. WHITE, REGOLA, CORMAN, EARLL, ERICKSON AND FOLMER, MARCH 29, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 29, 2007
AN ACT
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 definitions; and
6 providing for attorney fees and costs in certain civil
7 actions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2 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 March 26, 1992
15 (P.L.27, No.10), is amended to read:
16 Section 2. As used in this act:
17 (1) "Land" means land, roads, water, watercourses, trails,
18 private ways and buildings, structures and machinery or
19 equipment when attached to the realty.
20 (2) "Owner" means the possessor of a fee interest, a tenant,
1 lessee, occupant or person in control of the premises. 2 (3) "Recreational purpose" includes, but is not limited to, 3 any of the following, or any combination thereof: hunting, 4 fishing, swimming, boating, camping, picnicking, hiking, 5 pleasure driving, nature study, motorized recreational vehicle 6 riding, water skiing, water sports, cave exploration and viewing 7 or enjoying historical, archaeological, scenic, or scientific 8 sites. 9 (4) "Charge" means the admission price or fee asked in 10 return for invitation or permission to enter or go upon the 11 land. 12 Section 2. The act is amended by adding a section to read: 13 Section 6.1. An owner of land who is a defendant in a civil 14 action that is dismissed or otherwise found to be without merit 15 by a court for the reason that the owner is not liable under the 16 provisions of this act shall be entitled to receive attorney 17 fees and costs in defending the action. 18 Section 3. This act shall take effect in 60 days. A29L68BIL/20070S0497B0767 - 2 -