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PRINTER'S NO. 1381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1290
Session of
2021
INTRODUCED BY MASSER, MALONEY, RYAN, SMITH, MILLARD, ROWE,
STRUZZI, HEFFLEY AND ZIMMERMAN, APRIL 27, 2021
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
APRIL 27, 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 definitions, for
applicability and for liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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 a
paragraph to read:
Section 2. As used in this act:
* * *
(6) "Authority" means a body politic and corporate that is
engaged in developing, managing, maintaining or operating an
off-road vehicle riding area and that is created under any of
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the following:
(i) The former act of June 28, 1935 (P.L.463, No.191), known
as the "Municipality Authorities Act of one thousand nine
hundred and thirty-five."
(ii) The former act of May 2, 1945 (P.L.382, No.164), known
as the "Municipality Authorities Act of 1945."
(iii) The provisions of 53 Pa.C.S. Ch. 56 (relating to
municipal authorities).
Section 2. Sections 5 and 6(2) of the act are amended to
read:
Section 5. Unless otherwise agreed in writing, the
provisions of sections 3 and 4 of this act shall be deemed
applicable to the duties and liability of an owner of land
leased to the State or any subdivision thereof or an authority
for recreational purposes.
Section 6. Nothing in this act limits in any way any
liability which otherwise exists:
* * *
(2) For injury suffered in any case where the owner of land
charges the recreational user or users who enter or go on the
land, except that in the case of land leased to the State or a
subdivision thereof or an authority, any consideration received
by the owner for such lease or any consideration received by the
authority from a recreational user shall not be deemed a charge
within the meaning of its section.
Section 3. This act shall take effect in 60 days.
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