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        PRIOR PRINTER'S NO. 767                       PRINTER'S NO. 1610

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 497 Session of 2007


        INTRODUCED BY ROBBINS, WONDERLING, SCARNATI, WOZNIAK, MADIGAN,
           MUSTO, WAUGH, RHOADES, BOSCOLA, PUNT, M. WHITE, REGOLA,
           CORMAN, EARLL, ERICKSON, FOLMER, ORIE AND D. WHITE,
           MARCH 29, 2007

        SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS
           AMENDED, DECEMBER 4, 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.

     1     (2)  "Owner" means the possessor of a fee interest, a tenant,
     2  lessee, occupant or person in control of the premises.
     3     (3)  "Recreational purpose" includes, but is not limited to,
     4  any of the following, or any combination thereof: hunting,
     5  fishing, swimming, boating, camping, picnicking, hiking,
     6  pleasure driving, nature study, motorized recreational vehicle
     7  riding, water skiing, water sports, cave exploration and viewing
     8  or enjoying historical, archaeological, scenic, or scientific
     9  sites.
    10     (4)  "Charge" means the admission price or fee asked in
    11  return for invitation or permission to enter or go upon the
    12  land.
    13     Section 2.  The act is amended by adding a section to read:    <--
    14     Section 6.1.  An owner of land who is a defendant in a civil
    15  action that is dismissed or otherwise found to be without merit
    16  by a court for the reason that the owner is not liable under the
    17  provisions of this act shall be entitled to receive attorney
    18  fees and costs in defending the action.
    19     Section 3 2.  This act shall take effect in 60 days.           <--








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