Good news HB 13

[WhiteFeather]

HB 13 passed the house as a clean bill (no amendments) and passed the Senate 50-0 on 6-26-07 also as a clean bill, after several amendments were withdrawn. So it goes to the governor desk hopefully for his signature to make it into a law.

http://www.legis.state.pa.us/cfdocs/...type=B&BN=0013


from the Allegheny County Sportsmens League web site June Game committee report
http://acslpa.org/n-game/acsl_game_committee_06_07.htm

HB 13 Readshaw: 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 of landowners toward recreational users, persons or property for acts or acts of omission by recreational users.
Referred to Game & Fisheries Committee (01-30-07)

Reported as Amended (04-25-07), Re-Reported (05-08-07) P.N. 1536

ð When amended, the entire bill was gutted and rewritten, making it pertinent to hunting only, to make it less controversial and ensure passage before the next hunting season. The key provision limits landowner liability to “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. Sec 102 (Relating to definitions).”

Passed House (06-23-07), Vote 199 – 0, Sent to Senate.

Referred to Senate Game & Fisheries Committee (05-31-07)

ð There is currently an attempt to amend HB 13, to include all recreational uses and add an attorney fees clause. This would be a killer amendment. ACSL opposes amendment A00834.

[bubba23]

Originally Posted by WhiteFeather

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 of landowners toward recreational users, persons or property for acts or acts of omission by recreational users.

Now, if they make the public users liable for the damage to my land, they may have something. For anyone using my land, liability was never THE ISSUE!

[knight0334]

This law is better than nothing...

Some idiots tried to sue my granddad when a snowmobile rider tried to eat one of our fence posts and died after they failed to negotiate a turn back in the '70s. Even though we either won or it got tossed out of court, it still was a hassle for my grandparents. After that event my grandparents posted their properties-only allowing family/friends and the neighbors that we had agreements/pacts with to allow for sporting use of each other's lands.

[bubba23]

Originally Posted by knight0334

Some idiots...

Yep, there is the problem. I agree it's a good law but doubt it will make a big difference in convincing land owners to provide access.

[WhiteFeather]

Pennsylvania Land Owner Liability Protection Signed into Law!

On Saturday, June 30, Governor Edward Rendell (D) signed House Bill 13 into law. This legislation will give added protection to a landowner who either directly or indirectly invites or permits any person to use his property for recreational purposes. The landowner would not incur liability for any injury to persons or property caused while hunting.

[WhiteFeather]

Here is brief story of why the law was "improved"

http://www.centredaily.com/news/state/story/141766.html
Law widens landowners' immunity from hunting accident lawsuits
The Associated Press

HARRISBURG, Pa. --Pennsylvania property owners who allow hunting on their land are now shielded from lawsuits over accidents involving victims off the property, under a bill that Gov. Ed Rendell has signed into law.

Landowners who allow the free use of their property for recreational activities - such as hunting, fishing, swimming and hiking - have been protected from liability for accidents for more than four decades.

The bill Rendell signed Saturday, prompted by a bizarre hunting accident in Lehigh County in 2004, extends that protection for hunting even when the victim is in a distant location.

"Farmers now can be more confident that their livelihood won't be at risk when they open their land to hunters," who help control wildlife that causes crop damage, said Carl T. Shaffer, president of the 42,000-member Pennsylvania Farm Bureau.

The revision to the Recreational Use of Land and Water Act, which was approved unanimously by both houses of the Legislature, was developed after a Lehigh County orchardist was successfully sued for the shooting of a pregnant woman by a man who was deer hunting on the farmland.

Casey Burns was 18 years old in November 2004 when she was accidentally shot in the head by a hunter who was more than a half-mile away.

Burns' skull was fractured and the gunshot left bullet fragments and bone in her brain. She suffered long-term complications, but her child was born healthy in February 2005.

A Lehigh County jury later ruled hunter Craig T. Wetzel was 90 percent negligent. The property owner who gave Wetzel permission to hunt, Daniel W. Haas, was deemed 10 percent negligent. Burns settled the lawsuit on undisclosed terms.

Wetzel received probation and a five-year hunting ban after pleading guilty to violating state hunting laws.