Pennsylvania House Delayed RULWA vote in December, To Try Again in February History and Background Last month, PaOHV sent alerts asking members to contact their legislators seeking passage of HB 544. Votes were scheduled for December 16 and 18. At the time, the trial lawyers came forward with 17 amendments to the bill that gutted its intent or made RULWA even more advantageous to lawyers by taking way the current liability protection. The primary advocates for the lawyers are Representatives Longetti (D Mercer Co)., Gibbons (D Lawrence Co)., Neuman (D Washington Co). Since that time Rep. Gary Haluska (D Cambria Co) has added one of his own. All of these amendments will make it easier to bring a frivolous suit against a land owner. Obviously this is counterproductive to those seeking more recreation opportunities. No significant expansion of trail miles can occur without significant changes to RULWA. There are 26 members of the coalition in favor of HB 544. Only one-the trial lawyers-are opposed. The coalition of 26 includes Pennsylvania?s two largest industries and every local government organization with the exception of the League of Cities which is neutral. Enhanced liability protection for landowners is essential to developing trails on private land. No large scale network of trails will be possible without RULWA changes. Furthermore RULWA improvements will make it easier for individuals and clubs to find places on which to engage in OHV activities. PaOHV needs your immediate action again to ensure passage of HB 544. 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 land owners are protected from the cost 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 loaning it to others for recreational use. HB 544 provides attorney?s fees for defendant landowners when cases brought against them are found to be baseless and without merit. The legislation creates a firewall for landowners protecting them from enormous costs of opportunistic lawsuits. This presents the OHV community with an extraordinary opportunity to broaden the scope of protections afforded to landowners. Action Needed Contact (call, write or email) your state House member(s). Make your Representative(s) aware that HB 544 will be considered next week and your support of it. Be sure to cite the bill number (HB 544) for easy reference. Your communication should include: 1. Asking your Representative(s) to support HB 544. 2. Explain that the bill seeks fairness by leveling the playing field between landowners and overreaching lawyers. Nothing exists in the bill that would prevent a real suit from moving forward. 3. Ask your Representative vote against any amendments to HB 544. Several amendments have been filed by the Trial Lawyers Association. All weaken the legislation or send RULWA backwards. All amendments must be rejected. 4. Ask your Representative(s) to vote in favor of HB 544 without amendments when it comes to a floor vote. 5. Contact All House Democrats 6. Special attention needs to be devoted to the following Republican House members: Adolph, Barrar, Clymer, Corbin, Cox, Culver, Day, English, Farry, Fee, Hackett, Hickernell, Kampf, Keller F, Killion, Knowles, Krieger, Maher, Marshall, Marsico, Metcalf, Miccarelli, Miccozzie, Mustio, Petri, Quinn, Saccone, Scavello, Stevenson, Toohil, Watson, Harper, DiGirolamo, Hennessey, Miccarelli, Miccozzie, Stephens and Murt.
Posted on: Sun, 19 Jan 2014 01:19:04 +0000
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