An Act To Clarify the Landowner Liability Law with Regard to Construction and Maintenance of SnoWlllObile and Other Trails for Recreational Use Further amend the bill by inserting after the title and be~ore the enacting clause the following: 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 Page l-LR02lS(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0787
Committee Amendment CA_A_S356 (Senate)
Amends: 14 MRSA §159-A

COMMITTEE AMENDMENT 
"~,, to S.P. 266, L.D. 787, 
Act 
To 
Limit the Damages 
Recoverable in Accidents 
Snowmobile Clubs' Trail-grooming Activities" 
Bill, "An 
Involving 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Clarify the Landowner Liability Law with Regard to 
Construction and Maintenance of SnoWlllObile and Other Trails for 
Recreational Use' 
Further amend the bill by inserting after the title and 
be~ore the enacting clause the following: 
'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 
Page l-LR02lS(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '\><." to S. P. 266, L. D . 787 
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,' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 14 MRSA §159-A, sub-§I,'C is enacted to read: 
C. 
"Occupant" 
includes, 
:gut 
is 
not 
limited 
to, 
an 
individual, corporation, partnership, association or other 
le9al entity that constructs or maintains trails or other 
improvements for pyblic recreational use. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and amends the title. 
This amendment adds the definition of "occupant" to the 
current law that provides limited liability for recreational or 
harvesting activities. 
The current law limits the liability of 
owners, lessees, managers, holders of easements and occupants of 
premises with regard to others entering on and using property for 
recreational or harvesting activities, but the term "occupant" is 
not defined. 
This amendment defines "occupant" to include an individual, 
corporation, partnership, association or other legal entity that 
constructs or maintains trails or other improvements for public 
recreational use. 
The 
language is not limited to snowmobile 
trails and covers any type of recreational trail. 
The language 
does not limit "occupant" to the listed entities and activities 
in which they may engage. 
This amendment adds an emergency preamble and an emergency 
clause to make the bill take effect immediately to ensure that 
the clarification of the law applies to the current snowmobiling 
season. 
COMMITTEE AMENDMENT