SB5215 landowner liability protection

17 replies to this topic
  • tod701

Posted 16 January 2007 - 07:46 AM

#1


Please support Washington State Senate bill SB5215.

This piece of legislation would extend the landowner liability protection that we won for public ORV parks last year to private landowners, including those that charge a fee, so long as the revenue from the fee goes totally into land management costs.

SB5215 has been assigned to the Senate natural Resources, Ocean and Recreation Committee and the following Senators are on that committee:

Ken Jacobsen - Chair (D)
Phil Rockefeller - Vice Chair (D)
Bob Morton - Ranking Minority Member ®
Karen Fraser (D)
James Hargrove (D)
Erik Poulsen (D)
Harriet Spanel (D)
Val Stevens ®
Dan Swecker ®

Now is a good time to ask them to support SB5215 especially if one of them is your State Senator.

http://www.leg.wa.gov/Senate

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  • DirtCheapJohn

Posted 17 January 2007 - 05:17 PM

#2

Wanted to let everyone know Black Thursday is tomorrow the 18th, at the state capital in Oly from 8AM til 5PM, sponsored by ABATE.

  • tod701

Posted 25 January 2007 - 05:53 AM

#3

This bill is scheduled for a hearing before the Senate natural Resources, Ocean and Recreation Committee on 31-Jan at 8am.

Please send the committee members you comment before then!

  • tod701

Posted 31 January 2007 - 05:04 PM

#4

Thanks John for attending the hearing today:thumbsup:

I just got a call from Senator Swecker's office. He asked me to submit written testimony even though I have already emailed everyone on the committee at least once.

Of course, I did that right away.

Now it's your turn. If you want to help move this bill forward, please email testimony to:

Swecker.dan@leg.wa.gov

Do it tonight and make sure to mention that you want it included as hearing testimony.

  • DirtCheapJohn

Posted 31 January 2007 - 05:47 PM

#5

Tod,

The problem is Fraser and Jacobsen are going to revise 5215, I was watching them close, Jacobsen didn't even know what the bill was (he did it for the bird watchers) and Fraser would have slept right through the committee hearing on auto pilot if the staff had not have read 4.24.210 Sec 1 (5) (b)... At the word ORV and ORV park she actually jumped.

Jacobsen is prime sponsoring 78 Bills with about 120 secondary. If he doesn't understand the implications of one of his primary bills, do you think he's actually even read 5544 (his secondary) yet?

I don't know if the R's are strong enough to keep the original Bill from revision.

The bias / discrimination (re: ORVs) of Fraser was blatant.

BUT, YES... Call, Email support 5215 in it's original form.

  • bbbom

Posted 31 January 2007 - 06:00 PM

#6

dun dun dun dun

  • DirtCheapJohn

Posted 31 January 2007 - 06:38 PM

#7

bbbom said:

dun dun dun dun

Was that like a "JAWS dun dun dun dun?:excuseme:

If it was, it was supposed to have a daaa duumpp somewhere before it...



If it was a motorcycle dun dun dun dun, then BRRRRAAAAP:ride: back to you, bbbom



Question: You're not bored are you, bbbom??

  • bbbom

Posted 01 February 2007 - 09:14 AM

#8

:thinking: Hmmm, not sure what it was, I think it was Jaws. It just kinda popped into my head.

Bored, how could I ever be bored. I have TT to keep me entertained. That and way too much work that I should be doing but can't seem to get the motivation to do.

I'm only effective when I have a serious deadline! :excuseme: :ride:

  • DirtCheapJohn

Posted 05 February 2007 - 11:19 AM

#9

Here's my testimony on 5215 from Jan 31:

Mr Chair and Senators, I am John Eaton from Shelton in Mason county.

I am a life member of the Blue Ribbon Coalition, I serve as a board member of both the Washington State Trails Coalition and WOHVA, I am a member of many other organizations.

Most of these organizations have a common thread, to which I have devoted countless hours of my private time. It is why I am here today, to thank Senators Jacobsen and Kline for sponsoring Senate Bill 5215 and also to thank this committee for allowing my testimony.

I work to protect, promote and enhance trails and recreation opportunities for both motorized and non-motorized outdoor recreation. Last year, I did what I could to help Senators Sheldon and Steven's 6354 and Representatives Kristinsen, Condotta, and Hinkle's 2617, amending the immunity statute, which is Section 1 paragraph 5 sub (b) of the bill at hand, to become law.

And I can give first hand testimony of the positive effect the passage of amending the immunity statute has had upon StraddleLine ORV Park on the Gray's Harbor and Thurston County line.

A land owner or manager must walk a fine line balancing insurance cost,
maintenance and operation cost, liability issues with the ultimate goal of providing a pleasurable experience for the outdoor recreational user at a cost affordable to all.

Liability attaches with the payment of a fee.

The high cost of added insurance to compensate for this liability often negated the fee, placing the land owner or manager in a lose / lose situation.

Land either lies unused for recreation purposes, or when used for recreation there is no funding to provide for the upkeep or damages caused by users. Worse still, a small fee is collected providing insufficient monies for proper insurance, placing the land, the owner and the manager at serious financial risk.

Senate Bill 5215 will cure these problems for private property owners, allow previously unused land to be utilized, provide funding for land management to prevent environmental damage and provide greater choice and affordability to all recreational users.

Local, state and federal government cannot afford, nor provide for all recreational users even now.

What of the future with more users and even less available land?

Increasing private recreation areas is the answer, both for affordability and diversity. 5215's expansion of the immunity statue by allowing a daily, seasonal, or annual charge for access to privately owned lands for outdoor recreation while providing for management costs and also eliminating the liability associated with a fee, will allow greater choices among users, lower cost for recreation, capture outside tourism dollars in rural counties and perhaps even saving some otherwise unused land from development.

Thank you for your time, consideration and your sponorship of Senate Bill 5215.

[END]

One thing I did not speak about but have written about since is a clarification in regards to taxation: Is a private property owner required to apply for a business license and submit state sales tax monies derived only under this bill?

It is best to clarify at this time as the State of Georgia is presently having quite the problem in regard to private land use such as lands leased by hunting clubs and for ORV use, for some reason bird watching has not been attacked by Georgia to my knowledge.

  • DirtCheapJohn

Posted 05 February 2007 - 01:12 PM

#10

Letter to Senator Jacobsen, for the record SB 5215:
Posted Image

  • tod701

Posted 27 February 2007 - 10:46 AM

#11

Executive action was taken yesterdat (26-feb) by the Senate Natural Resources committee and the outcome was that the bill was not ammended and did not have enough votes to pass.
Most likely it will quietly die unless those in favor light committee members up.

  • DirtCheapJohn

Posted 27 February 2007 - 01:56 PM

#12

Sorry, I was busy yesterday, and when I last looked the website only said "Bills heard in committee"

I'd have been there with a two hours heads up.

Let me know Tod, thanks and again sorry...

Lets light them up like Tod suggested.

  • tod701

Posted 27 February 2007 - 03:34 PM

#13

Right now it is a 4 to 4 tie.

Senator Erik Poulsen has not cast his vote.

His email is:
poulsen.erik@leg.wa.gov

Phone number:
360.786.7667

Fax:
360.786.1999

I've know Erik for years. He is a good guy, but not particularly fond of dirtbikes.

Here is a example message to play with:


Dear Senator Poulsen,

Please pass SB5215 out of the Natural Resources Committee!

This piece of legislation would extend landowner liability protection to private landowners that allow recreational use on their property. Currently, many land owners, such as timber companies, that would otherwise permit recreational access to their property are unwilling to do so due to fear of being sued if someone hurts themselves.

If this bill passes, it is a win-win situation. The citizens of Washington get additional recreational opportunities at no cost to the State and the landowner gets the piece of mind knowing that they will not be held liable for harm that is not their fault.

Respectfully,

You

  • tod701

Posted 27 February 2007 - 03:36 PM

#14

And for what its worth, the NO votes were:

Bob Morton
Karen Fraser
Harriet Spanel
Val Stevens

Val has been good to us in the past, if you live in her district maybe you can get her to change her mind.

  • tod701

Posted 02 March 2007 - 08:15 AM

#15

This bill is now DEAD:cry:

  • DirtCheapJohn

Posted 02 March 2007 - 08:58 AM

#16

:prof: I knew Fraser would Kill it...

I was one of only two to testify PRO for this bill.

When Fraser found out it could apply to ORVs see looked like she'd been hit with a cattle prod, and instantly went after Jacobsen saying the bill NEEDED revision.

The only reason Jacobsen and Kline did it anyway was for the "Bird Watchers."

They (Jacobsen and Kline) have no spine, do exactly what Fraser tells them, and they HATE ORVs see Kline's letter in other threads here.

All three FRASER, KLINE and JACOBSEN sponsored same sex marriage because "THEY DON'T DISCRIMINATE AGAINST ANYONE, IT'S JUST NOT RIGHT" yet on the other hand they all sponsored a bill to OUTLAW ORVs by making it an $800 fine simply to be audible and it discriminates by applying ONLY to ORVs.:crazy:

Then when they couldn't get ANY GRASSROOTS to support such a discriminatory bill, they brought in the former head attorney for the governor, the assistant attorney general of the State of Washington, the Hydrogeologist for the Dept of Fish and Wildlife and the Director of the Port of Olympia to LIE, none disclosed their office, and as far as I can tell ALL ARE PAID BY YOUR TAX DOLLARS. And it seems nothing can be DONE, as these people are PROTECTED by Senator Fraser.

:prof: PEOPLE IF YOU DON'T STAND UP NOW, YOU CAN KISS YOUR DIRTBIKE OR QUAD GOODBYE IN THE STATE OF WASHINGTON :banghead: :foul:

  • leakypipe23

Posted 02 March 2007 - 09:02 AM

#17

How is it that Fraser ends up on every committee an ORV bill comes through. It is surprising to me that one ignoratn woman can have so much power. WHich district is she from and who's campaign contribution can I donate to in order toget her removed?

  • DirtCheapJohn

Posted 02 March 2007 - 09:11 AM

#18

22nd dist... Olympia, Tumwater, Lacey, Nisqually Reach, Henderson and Budd Inlet (Her power comes from her movers: Evergreeners, 1000 friends, Futurewise and the Sierra Club [Commie ba$tard$])

State of Washington WILL BECOME TOTALLY SOCIALIST under her reign...



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