CHAPTER 509
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:
C. "Occupant" includes, but is not limited to, an individual, corporation, partnership, association or other legal entity that constructs or maintains trails or other improvements for public recreational use.
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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