PRINTER'S NO. 960
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,
MACKENZIE, HELM, BAKER, SAYLOR, MURT, PHILLIPS-HILL, DIAMOND,
FEE, MASSER, CUTLER, MAHONEY, HAHN, REGAN, SONNEY, EVERETT,
BOBACK AND RADER, MARCH 23, 2015
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
MARCH 23, 2015
AN ACT
Amending the act of February 2, 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
(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," amended June 30, 2007
(P.L.42, No.11), is 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, wherever located, based on:
(i) acts of omission by landowners; or
(ii) acts or acts of omission by recreational users.
Section 2. Section 2 of the act, amended July 7, 2011
(P.L.254, No.47), is amended to read:
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 persons
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,
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,
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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. The term does not include in-kind contributions or
contributions made to an owner of real property that are de
minimis and given in consideration for making the real property
available for recreation purposes.
(5) "Recreational user" means a person who enters or uses
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
warning of a dangerous condition, use, structure, or activity on
such premises to [persons entering for such purposes]
recreational users.
Section 4. Section 4 of the act, amended June 30, 2007
(P.L.42, No.11), is amended to read:
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.
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(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
(relating to definitions).
Section 5. Sections 6 and 7 of the act are amended to read:
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 6. The act is amended by adding a section to read:
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Section 7.1. The court shall award attorney fees and direct
legal costs to an owner, lessee, manager, holder of an easement
or occupant of real property who is found not to be liable for
the injury to a person or property pursuant to this act.
Section 7. This act shall take effect in 60 days.
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