From a friend at PAOHV
This will help the ability to ride on private property...
BACKGROUND
During this legislative session PAOHV has sought the passage of legislation that would make changes to the Recreational Use of Land of Water Act.
Last year and earlier this year the Senate of Pennsylvania considered Senate Bill 497 introduced by Senator Bob Robbins (R Mercer). In early December, the Senate Environmental Resources and Energy Committee considered, amended and reported this legislation for full Senate consideration. During consideration by the committee, Senator Ted Erickson offered an amendment requested by the Trial Lawyers Association that removed the key provision of the bill would have allowed it is some landowners the ability to recover the cost of their defense, including attorney’s fees in case where the suit is without merit. In addition to Senator Erickson, Senators Rhoades and Scarnati voted in favor of the amendment.
PAOHV had additional amendments to the bill, but were prevented from having them considered by Senate Republican leaders. Senate Bill 497 was passed in a much watered down condition and sent to the House of Representatives, where it was assigned to the House Environmental Resources and Energy Committee.
HB 1908
Late last summer, Representative Sam Rohrer R-Berks) introduced House Bill 1908. House Bill 1908 which also amends the Recreational Use of Land of Water Act and contains language that would provide an innocent landowner the ability to recover the cost of their defense including attorney’s fees. In addition, House Bill 1908 we specifically add all-terrain vehicle, motorcycle and snowmobile riding to the Recreational Use of Land of Water Act as recognized recreational uses.
Common sense legal reform is the core of this issue. Private land owners must be granted protections from the costs of litigation filed by overreaching lawyers. Until landowners are protected from the cost of abusive and baseless lawsuits, there is little or no incentive for landowners to allow the use of private land for any incidental recreational use. To the contrary, the current system promotes a climate of fear and intimidation preventing landowners from utilizing their properties as they desire including allowing others to use their land for recreational use as RULWA intended.
Representative Rohrer’s bill provides attorney’s fees for defendant landowners when found not to be liable for the injury to a person or property pursuant to this act. The Rohrer bill creates a firewall for landowners protecting them from enormous costs of opportunistic lawsuits.
PAOHV WILL BE TESTIFYING BEFORE THE HOUSE TOURISM AND RECREATIONAL DEVELOPMENT COMMITTEE ON APRIL 30TH AT 9AM AT THE FIREHOUSE IN PATTON, PA. THE TRIAL LAWYERS WILL ALSO BE TESTIFYING IN OPPOSITION TO THE BILL.
ACTION NEEDED
In the next few days and weeks all HB 1908 supporters are requested to ask their members to contact their Representative and all the Representatives on the House Tourism and Recreational Development Committee and urge them to support HOUSE BILL 1908. The members of the Committee can be accessed through the following link:
http://www.legis.state.pa.us/cfdocs/...tatives_sc.cfm - 46
PLEASE KEEP IN MIND; THIS IS NOT GOING TO BE A SPRINT TO THE FINISH LINE. WE ARE IN A MARATHON; OUR OPPOSITION IS WELL FINANCED, WELL ORGANIZED AND DETERMINED TO PREVAIL. WHILE WE MAY NOT HAVE THEIR FINACIAL RESOURSES; WE ARE ALSO WELL ORGANIZED AND EQUALLY DETERMINED, AND WE HAVE ONE THING THEY DON’T. WE OUT NUMBER THEM AND WE VOTE. YOUR REPRESENTATIVE SHOULD KNOW THAT. YOUR SILENCE WILL ASSURE THEIR VICTORY.
PLEASE UTILIZE THE FOLLOWING TALKING POINTS WHEN COMMUNICATING
WITH YOUR REPRESENTATIVE
CALL AND EMAIL YOUR STATE REPRESENTATIVES, ASK YOUR REPRESENTATIVE TO SUPPORT HOUSE BILL 1908.
* EXPLAIN TO YOUR REPRESENTATIVE AND COMMITTEE MEMBERS, THAT SINCE THE PASSAGE OF RULWA IN 1965 LANDOWNERS’ CONFIDENCE IN THE ACT’S ABILITITY TO PROTECT THEM HAS DEMINISHED CONSIDERABLY. THIS DROP IN CONFIDENCE IS SPURRED BY CONCERNS OF SUIT AND LIABILITY
* EXPLAIN TO YOUR REPRESENTATIVE AND COMMITTEE MEMBERS THAT COMMON SENSE LEGAL REFORM IS THE CORE OF THIS ISSUE.
* PRIVATE AND PUBLIC LAND OWNERS MUST BE GRANTED PROTECTIONS FROM THE COSTS OF LITIGATION FILED BY OVERREACHING LAWYERS. UNTIL LANDOWNERS ARE PROTECTED FROM THE COST OF ABUSIVE AND BASELESS LAWSUITS, THERE IS LITTLE OR NO INCENTIVE FOR LANDOWNERS TO ALLOW THE USE OF PRIVATE LAND FOR ANY INCIDENTAL RECREATIONAL USE.
* THE CURRENT SYSTEM PROMOTES A CLIMATE OF FEAR AND INTIMIDATION PREVENTING LANDOWNERS FROM UTILIZING THEIR PROPERTIES AS THEY DESIRE INCLUDING LOANING IT TO OTHERS FOR RECREATIONAL USE.
* THE ROHRER BILL CREATES A FIREWALL FOR LANDOWNERS PROTECTING THEM FROM ENORMOUS COSTS OF OPPORTUNISTIC LAWSUITS.
To find your elected official click on this link:
http://www.legis.state.pa.us/cfdocs/...ives_alpha.cfm
Put your cursor over your Representative’s name and click on it.
A copy of the bill can be found at the following site:
http://www.legis.state.pa.us/cfdocs/......e=B&BN=1908
Please let me know how your Representative responded to your request. Please let me know whom you spoke with in the event that you did not speak directly with your Representative.
Contact Fred Brown at 717.319.1385 or at
fred-brown@comcast.net.
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