PRIOR PRINTER'S NO. 960

PRINTER'S NO. 3018

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

544

Session of

2015

INTRODUCED BY MOUL, MILLARD, GREINER, GODSHALL, JAMES, KAUFFMAN,

RAPP, A. HARRIS, SANKEY, BENNINGHOFF, M. K. KELLER, TALLMAN,

BLOOM, HEFFLEY, HICKERNELL, GOODMAN, GABLER, TOPPER,

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

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.

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

RECREATIONAL USERS with disabilities, and machinery or equipment

when attached to the realty. The term applies to those 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,

operations or recreational noncommercial ultralight operations

on private airstrips, 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 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

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.

(relating to definitions).

(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.

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