A02738
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1694
Session of
2021
INTRODUCED BY STRUZZI, DRISCOLL, WHITE, WARREN, MILLARD,
McNEILL, ROWE, GUENST, HOHENSTEIN, SMITH, NEILSON, SANCHEZ,
RADER AND BOBACK, JUNE 24, 2021
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
JUNE 24, 2021
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 title of act, for
definitions, for duty to keep premises safe and warning and
for assurance of safe premises and duty of care and
responsibility and liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title 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," is amended to read:
AN ACT
Encouraging landowners, volunteers and volunteer organizations
to make land and water areas available to the public for
recreational purposes by limiting liability in connection
therewith, and repealing certain acts.
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Section 2. Section 1 of the act is amended to read:
Section 1. The purpose of this act is to encourage owners of
land, volunteers and volunteer organizations 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 based on:
(i) acts of omission by landowners; or
(ii) acts or acts of omission by recreational users.
Section 3. Section 2 of the act is amended by adding
paragraphs to read:
Section 1. Section 2 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," is amended by adding
paragraphs to read:
Section 2. As used in this act:
* * *
(6) "Volunteer" means a person who, without compensation,
provides services to care for, enhance, preserve, restore or
maintain land for recreational purposes.
(7) "Volunteer organization" means a nonprofit organization
under section 501(c)(3), (4) or (6) of the Internal Revenue Code
of 1986 (68A Stat. 3, 26 U.S.C. § 501(c)(3), (4) or (6)) or an
independent, volunteer-based nonprofit organization dedicated to
the care, enhancement, preservation, restoration or maintenance
of land for a recreational purpose, including the organization's
officer or director in any circumstance in which the officer or
director is subject to personal liability as a representative of
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the organization.
Section 4 2. Sections 3 and 4 of the act are amended to
read:
Section 3. Except as specifically recognized or provided in
section 6 of this act, an owner of land, a volunteer or a
volunteer organization owes no duty of care to keep the premises
safe for entry or use by recreational users, or to give any
warning of a dangerous condition, use, structure, or activity on
such premises to 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 recreational
user, volunteer or volunteer organization to use such property
does not thereby:
(1) Extend any assurance that the premises are safe for any
purpose.
(2) Confer upon such 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 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. § 102
(relating to definitions).
Section 5 3. This act shall take effect in 60 days.
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