PRINTER'S NO. 1106
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
814
Session of
2017
INTRODUCED BY EICHELBERGER, HUTCHINSON, SCARNATI, RAFFERTY,
FOLMER, STEFANO, ALLOWAY, BAKER, BOSCOLA, AUMENT, BLAKE,
WARD, REGAN, MARTIN, LAUGHLIN, KILLION AND WHITE,
AUGUST 28, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, AUGUST 28, 2017
AN ACT
Amending Title 5 (Athletics and Sports) of the Pennsylvania
Consolidated Statutes, providing for outdoor recreation; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 5 of the Pennsylvania Consolidated Statutes
is amended by adding a part to read:
PART III
OUTDOOR RECREATION
Chapter
41. General Provisions (Reserved)
43. Recreational Use of Private Land
CHAPTER 41
GENERAL PROVISIONS
(Reserved)
CHAPTER 43
RECREATIONAL USE OF PRIVATE LAND
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Sec.
4301. Purpose.
4302. Definitions.
4303. Duty of care.
4304. Owner liability.
4305. Applicability.
4306. Liability not limited.
4307. Construction.
4308. Fees and costs.
§ 4301. Purpose.
Recognizing the importance of tourism and recreation to this
Commonwealth and the inability of public land to support all
recreation uses, the purpose of this chapter is to encourage
private owners of land to make their 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.
§ 4302. Definitions.
The following words and phrases when used in this chapter
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. 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.
"Land." Land, roads, water, watercourses, private ways and
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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.
"Owner." The possessor of a fee interest, a tenant, lessee,
occupant or person in lawful control of the premises.
"Recreational purpose." An activity undertaken or viewed for
exercise, sport, education, recreation, relaxation or pleasure.
The term includes, but is not limited to, any of the following,
or any combination of the following:
(1) hunting;
(2) fishing;
(3) swimming;
(4) boating;
(5) recreational noncommercial aircraft operations or
recreational noncommercial ultralight operations on private
airstrips;
(6) camping;
(7) picnicking;
(8) hiking;
(9) pleasure driving;
(10) snowmobiling;
(11) all-terrain vehicle and motorcycle riding;
(12) nature study;
(13) water skiing;
(14) water sports;
(15) bicycling;
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(16) climbing;
(17) jogging and running;
(18) playing soccer or other sports which require a
playing field;
(19) cave exploration; and
(20) viewing or enjoying historical, archaeological,
scenic or scientific sites.
"Recreational user." A person who enters or uses land for a
recreational purpose.
§ 4303. Duty of care.
Except as specifically recognized or provided in section 4306
(relating to liability not limited), an owner of land 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 the premises to
recreational users.
§ 4304. Owner liability.
Except as specifically recognized by or provided in section
4306 (relating to liability not limited), an owner of land who
either directly or indirectly invites or permits without charge
a recreational user to use the property does not thereby:
(1) Extend any assurance that the premises are safe for
any purpose.
(2) Confer upon the 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
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property are located, caused while hunting as defined in 34
Pa.C.S. § 102 (relating to definitions).
§ 4305. Applicability.
Unless otherwise agreed in writing, the provisions of
sections 4303 (relating to duty of care) and 4304 (relating to
owner liability) shall be deemed applicable to the duties and
liability of an owner of land leased to the State or any
subdivision of the State for recreational purposes.
§ 4306. Liability not limited.
Nothing in this chapter limits in any way any liability which
otherwise exists:
(1) For willful 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 recreational user who enters or goes on the
land, except that in the case of land leased to the State or
a subdivision of the State, any consideration received by the
owner for the lease shall not be deemed a charge.
§ 4307. Construction.
Nothing in this chapter shall be construed to:
(1) Create a duty of care or ground of liability for
injury to persons or property.
(2) Relieve a recreational user from an obligation which
he may have in the absence of this chapter to exercise care
in his or her use of the land and in his or her activities on
the land, or from the legal consequences of failure to employ
such care.
§ 4308. Fees and costs.
The court shall award attorney fees and direct legal costs to
a prevailing party, who is not found liable for the injury to a
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person or property pursuant to this chapter, if the court finds
that the action against the prevailing party was frivolous.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 5
Pa.C.S. Ch. 43.
(2) 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 repealed.
Section 3. The following shall apply:
(1) The addition of 5 Pa.C.S. Ch. 43 is a continuation
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."
(2) Except as otherwise provided in 5 Pa.C.S. Ch. 43,
all activities initiated under 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," shall
continue and remain in full force and effect and may be
completed under 5 Pa.C.S. Ch. 43.
(3) Orders, regulations, rules and decisions which were
made under 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
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purposes by limiting liability in connection therewith, and
repealing certain acts," and which are in effect on the
effective date of section 1 of this act shall remain in full
force and effect until revoked, vacated or modified under 5
Pa.C.S. Ch. 43.
(4) Contracts, obligations and collective bargaining
agreements entered into under 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 not
affected nor impaired by the repeal of the act of February 2,
1966 (1965 P.L.1860, No.586).
Section 4. This act shall take effect in 60 days.
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