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Second Regular Session of the 121st

S.P. 266 - L.D. 787

An Act To Clarify the Landowner Liability Law with Regard to Construction and Maintenance of Snowmobile and Other Trails for Recreational Use

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the landowner liability law does not specifically refer to the construction and maintenance of trails used for recreation by the public; and

     Whereas, the availability and affordability of liability insurance for snowmobile trail-grooming activities have significantly declined, creating an immediate potential for major disruption in the infrastructure supporting the multimillion dollar snowmobiling industry; and

     Whereas, immediate clarification of the landowner liability law will reduce the potential exposure to liability for snowmobile trail-grooming activities in the ongoing season; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 14 MRSA §159-A, sub-§1, ¶C is enacted to read:

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective January 9, 2004.

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