THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ARGALL, FONTANA, M. WHITE, MUSTO, RAFFERTY AND ERICKSON, MAY 27, 2010

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 27, 2010  

AN ACT

Amending the act of February 2, 1965 (P.L.1860, No.586),

entitled "An act encouraging landowners to make land and

water areas available to the public for recreational purposes

by limiting liability in connection therewith, and repealing

certain acts," providing for a short title; further providing

for definitions; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of the act of February 2, 1965

(P.L.1860, No.586), entitled "An act encouraging landowners to

make land and water areas available to the public for

recreational purposes by limiting liability in connection

therewith, and repealing certain acts," amended June 30, 2007

(P.L.42, No.11), is repealed:

[Section 1.  The purpose of this act is to encourage owners

of land to make land and water areas available to the public for

recreational purposes by limiting their liability.]

Section 2.  The act is amended by adding sections to read:

Section 1.1.  This act shall be known and may be cited as the

"Recreational Use of Land and Water Act."

Section 1.2.  The purpose of this act is to encourage owners

of land to make land and water areas available to the public for

recreational purposes by limiting their liability.

Section 3.  Section 2 of the act, amended March 26, 1992

(P.L.27, No.10), is amended to read:

Section 2.  [As used in this act:] The following words and

phrases when used in this act shall have the meanings given to

them in this section unless the context clearly indicates

otherwise:

"Charge."  The admission price or fee asked in return for

invitation or permission to enter or go upon the land.

[(1)  "Land" means land] "Land."  Land, roads, water,

watercourses, private ways and buildings, structures and

machinery or equipment when attached to the realty. The term

includes nature trails.

[(2)  "Owner" means the] "Owner."  The possessor of a fee

interest, a tenant, lessee, occupant or person in control of the

premises.

[(3)  "Recreational purpose" includes] "Recreational

purpose."  The term includes, but is not limited to, any of the

following, or any combination thereof: hunting, fishing,

swimming, boating, camping, picnicking, hiking, pleasure

driving, nature study, water skiing, water sports, cave

exploration and viewing or enjoying historical, archaeological,

scenic, or scientific sites, and walking, jogging, bicycling,

exercising and horseback riding on nature trails.

[(4)  "Charge" means the admission price or fee asked in

return for invitation or permission to enter or go upon the

land.]  

Section 4.  This act shall take effect in 60 days.