THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, FONTANA, SOLOBAY, BOSCOLA, EICHELBERGER, WAUGH, ORIE, ROBBINS, KASUNIC, D. WHITE, EARLL, SCARNATI, BREWSTER, WOZNIAK, PICCOLA AND MENSCH, MAY 13, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 13, 2011  

AN ACT

Amending the act of February 2, 1966 (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," further providing for liability for landowners

to recreational users; and providing for attorney fees and

court costs.

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 amended to read:

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[.] to:

(1)  recreational users; and

(2)  persons or property, wherever located, based on:

(i)  acts of omission by landowners; or

(ii)  acts or acts of omission by recreational users.

Section 2.  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:

(1)  "Land" means land, roads, water, watercourses, private

ways and buildings, amenities, structures, boating access and

launch ramps, bridges, fishing piers, boat docks, ramps, paths,

paved or unpaved trails, hunting blinds, and areas providing

access to, or parking for, lands and waters, including, but not

limited to, access ramps, trails or piers for use by persons

with disabilities, and machinery or equipment when attached to

the realty. The term applies to such areas and physical objects

whether they are in an unimproved condition or a condition

improved by manmade effort, whether they are large or small in

size and whether they are located in a rural or an urban area.

(2)  "Owner" means the possessor of a fee interest, a tenant,

lessee, occupant or person in control of the premises.

(3)  "Recreational purpose" means any activity undertaken or

viewed for exercise, sport, education, recreation, relaxation or

pleasure and includes, but is not limited to, any of the

following, or any combination thereof: hunting, fishing,

swimming, boating, camping, picnicking, hiking, pleasure

driving, snowmobiling, all-terrain vehicle and motorcycle

riding, nature study, water skiing, water sports, cave

exploration and viewing or enjoying historical, archaeological,

scenic, or scientific sites.

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

return for invitation or permission to enter or go upon the

land. The term shall not include in-kind contributions or

contributions made to an owner of real property which are de

minimis and given in consideration for making the real property

available for recreation purposes.

(5)  "Recreational user" means any person who enters or uses

land for a recreational purpose.

(6)  "Willful or malicious" means, in reference to an owner

of real property, an actual or deliberate intention by the owner

to cause harm or which, if not intentional, shows an utter

indifference to or conscious disregard for the safety of others.

Section 3.  Section 3 of the act is amended to read:

Section 3.  Except as specifically recognized or provided in

section 6 of this act, an owner of land owes no duty of care to

keep the premises safe for entry or use by [others for

recreational purposes] recreational users, or to give any

warning of a dangerous condition, use, structure, or activity on

such premises to [persons entering for such purposes]

recreational users.

Section 4.  Section 4 of the act, amended June 30, 2007

(P.L.42, No.11), is amended to read:

Section 4.  Except as specifically recognized by or provided

in section 6 of this act, an owner of land who either directly

or indirectly invites or permits without charge any [person]

recreational user to use such property [for recreational

purposes] does not thereby:

(1)  Extend any assurance that the premises are safe for any

purpose.

(2)  Confer upon such [person] recreational user the legal

status of an invitee or licensee to whom a duty of care is owed.

(3)  Assume responsibility for or incur liability for any

injury to persons or property, wherever the persons or property

is located, caused by an act or an act of omission of [such

persons] a recreational user or an act of omission of a

landowner.

(4)  Assume responsibility for or incur liability for any

injury to persons or property, wherever such persons or property

are located, caused while hunting as defined in 34 Pa.C.S. § 102 

(relating to definitions).

Section 5.  Sections 6 and 7 of the act are amended to read:

Section 6.  Nothing in this act limits in any way any

liability which otherwise exists:

(1)  For wilful or malicious failure to guard or warn against

a dangerous condition, use, structure, or activity.

(2)  For injury suffered in any case where the owner of land

charges the [person or persons] recreational user or users who

enter or go on the land [for the recreational use thereof],

except that in the case of land leased to the State or a

subdivision thereof, any consideration received by the owner for

such lease shall not be deemed a charge within the meaning of

its section.

Section 7.  Nothing in this act shall be construed to:

(1)  Create a duty of care or ground of liability for injury

to persons or property.

(2)  Relieve any [person using the land of another for

recreational purposes] recreational user from any obligation

which he may have in the absence of this act to exercise care in

his use of such land and in his activities thereon, or from the

legal consequences of failure to employ such care.

Section 6.  The act is amended by adding a section to read:

Section 7.1.  The court shall award attorney fees and direct

legal costs to an owner, lessee, manager, holder of an easement

or occupant of real property who is found not to be liable for

the injury to a person or property pursuant to this act.

Section 7.  This act shall take effect in 60 days.