SENATE AMENDED
PRIOR PRINTER'S NOS. 710, 2193
PRINTER'S NO. 3213
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
544
Session of
2017
INTRODUCED BY MOUL, GREINER, PICKETT, KAUFFMAN, TOPPER,
MACKENZIE, SAYLOR, JAMES, MILLARD, BOBACK, EVERETT, TALLMAN,
WARD, MENTZER, A. HARRIS, ZIMMERMAN, HICKERNELL, GOODMAN,
GILLEN, ORTITAY, GABLER, HEFFLEY, CAUSER, JOZWIAK AND BARBIN,
MARCH 1, 2017
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS
AMENDED, MARCH 27, 2018
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 2, 3, 4, 6 and 7 of 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," are 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 :
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(1) recreational users; and
(2) persons or property based on:
(i) acts of omission by landowners; or
(ii) acts or acts of omission by recreational users.
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
recreational users with disabilities, and machinery or equipment
when attached to the realty. THE TERM SHALL ALSO INCLUDE AREAS
PROVIDING ACCESS TO, OR PARKING FOR, LANDS AND WATERS,
INCLUDING, BUT NOT LIMITED TO, ACCESS RAMPS, TRAILS OR PIERS FOR
USE BY RECREATIONAL USERS WITH DISABILITIES.
(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, recreational noncommercial aircraft
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[.] and creation,
mapping or maintenance of trails to which an owner has granted
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public access.
(4) "Charge" means the admission price or fee asked in
return for invitation or permission to enter or go upon the
land. The term does not include in-kind contributions or
contributions made to an owner of real property that are
voluntary in nature and for the purpose of conserving the land .
(5) "Recreational user" means a person who enters or uses
land for a recreational purpose.
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. 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 caused by an act of omission of
[such persons] a recreational user or 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. ยง 102
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(relating to definitions).
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 2. This act shall take effect in 60 days.
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