Nebraska Unicameral Legislative Bill 617
Bill Status: Waiting for committee hearing
Introduced by State Senators: Louden, 49; Burling, 33; Friend, 10; Howard, 9; Dw.Pedersen, 39; Preister, 5; Stuthman, 22
Introduction date: January 19, 2005
Committee: Judiciary
Committee Hearing date and time: March 2nd, 2005 at 1:30 PM.
State Government Legislative Bill Web Site: http://www.unicam.state.ne.us/documents/bills.htm Enter 617 in the Bill Finder search box and select "LB".
DETAILS: According to Senator Loudens office, this bill was introduced to amend the Nebraska Recreational Liability Act to allow for private land owners to collect up to $15,000 per year in lease payments on land used for recreation and the fee's charged (up to $15,000) will not be considered a charge or charges under the Recreational Liability Act.
Currently, if a land owner charges a fee/lease for recreation on his or her land, the land owner and recreational activity is not covered by the Nebraska Recreational Liability Act. This means that recreational users can sue land owners for an injury, etc. if the person using their land is charged a fee for the privilege of being invited on to private or public property for recreational purposes.
PROS TO RECREATIONAL ATV AND DIRTBIKE ENTHUSIASTS: Private and public land owner liability has been a big road block in Nebraska to land owners wanting to open their land up for recreation and be able to charge users a fee to cover their expenses. This bill may encourage more land owners to open their land up for recreation. Hopefully motorized recreation will benefit from this.
CONS TO RECREATIONAL ATV AND DIRTBIKE ENTHUSIASTS: Not known at this time.
NOHVA POSITION: The NOHVA Board of Directors supports this bill.
Comment from Dan Nitzel, NOHVA Business Manager: This is a good bill and ATV and dirtbike enthusiasts need to support it. It could enhance our chances of finding new places to ride in the private sector. I receive two or three phone calls a year from land owners who have some land that is not in production and they would like to supplement their income by building trails for ATV and dirtbike riders. However, insurance costs often stops them costing $8,000 +++ a year. This bill, if passed would dramatically lower insurance costs as much of their liability would be shielded to them under the Nebraska Recreational Liability Act. If you want to show our support for this bill, I suggest that you write a letter to the Judiciary Committee expressing your views. You may also attend the committee hearing on this bill. The hearing date is at the top of this document.
Before you attend a hearing or write a letter, be sure to explain your position in an understandable and cordial manner. For more information on LB-617, contact one of the sponsoring senators listed above, your local state senator or the NOHVA Business Office at 308-381-2143.
More resources:
How to write a letter to State Senators
What to do if you plan to testify at a committee hearing
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