Pennsylvania State Snowmobile Association
Legislative Update - August 2004

Liability bill passes muster, SB 979 becomes Act 87 of 2004

Many bills are debated and considered as the rank and file waits on Legislative leaders as they put the final touches on the next State Budget.  Some are for show, some are considered to fill time.  Often time’s issues are considered behind the scenes and rolled out for a vote as amendments to other bills.  Such was the case Senate Bill 979 and the issue of limiting liability to individuals who operate motorized recreational vehicle riding areas.   

Last year, Representative Bob Bastian (R) Somerset County, introduced legislation to grant limited liability protection to individuals who operate motorized recreational vehicle riding areas in the same fashion that exists in law for downhill ski operators.  After several attempts to amend legislation on the move and being rebuffed by the Trial Lawyers, Representative Bob Bastian was able to bring the lawyers to the table.  Over several weeks, under Representative Bastian’s leadership and the work of his Counsel Wayne Crawford we worked out the differences the lawyers had with his legislation.  With an agreement in hand the motorized community along with the Trial Lawyers set out to find an appropriate vehicle to add our language to prior to the end of the budget session.  Several bills were considered before settling on Senate Bill 979.  Within a few days of our agreement the House Judiciary Committee Chaired by Representative Dennis O’Brien amended and reported Senate Bill 979.  House passage went without a hitch and the Senate concurred shortly thereafter. 

I would like to express my thanks to President Morton and the PSSA Board for giving me the go ahead to be involved in this issue on behalf of PSSA.  My thanks go to Senator Greenleaf the author of Senate Bill 979 for agreeing to our amendment and the Senate Leadership for their concurrence.  I would also like to thank my friends and colleagues from the Trial Lawyers Association and their leadership for their willingness and reasonableness in addressing this issue.  I also want to express my thanks to Jack Clark and Harold Silbaugh from the Pennsylvania Off-Highway Vehicle Association for participating in the negotiations.  Thanks also go to DCNR Secretary DiBerardinis his Counsel Al Masland and Legislative Liaison Joe Graci who recognized the need to address this issue.  The Secretary’s support was critical for the bills life beyond the Legislature, i.e.: the Governors signature.  But most of all my thanks go to Representatives Bastian, Haluska and Hanna for their leadership and support during the negotiations.