Municipal Lands Open for Trails not Trials!

CT State Senate Passes Recreational Liability Reform!

Source: Connecticut Forest and Park Association

In the last hour of the legislative session, the Senate of the CT General Assembly passed H.B. 6557 ensuring that Municipalities will be better protected against frivolous lawsuits stemming from outdoor activities on 150,000+ acres of recreational lands. The House had passed this bill on May 17th, and final approval by the Governor is eagerly anticipated.

This new Law accomplishes so much:

1) Municipalities (including municipal entities like water companies, sewer districts, special districts like the MDC, etc.) have been restored as landowners under the Recreational Land Use Act (this landowner status and associated protections were lost in 1996);

2) Municipalities should gain confidence both to keep existing municipal lands open for public recreation, and to acquire/open new recreational areas. In general, Municipalities will be protected against liability on recreational lands as long as:

a. The land is provided to the public free of charge; and

b. The municipal landowner is not guilty of "willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity";

3) Due to the compromises necessary to get this legislation passed, the extra protection against liability for municipalities will not extend to "swimming pools, playing fields/courts, playgrounds, buildings with electrical service, or paved public through roads open to the public for four-wheeled private passenger motor vehicles". Those areas will remain covered under the municipal liability laws that have been used for the last 15 years;

4) Bicycling is now specifically included as a "Recreational Purpose" covered under the Recreational Land Use Act; and

5) There are no changes to the strong existing protections available under the Recreational Land Use Act for private landowners (individuals, corporations, private utilities, land trusts, etc.).

This is an enormous step forward both for protecting and increasing recreational land use opportunities in Connecticut!

CT House Passes (HB 6557) Bill To Limit Municipal Liability

The state House of Representatives has overwhelmingly approved a bill that limits the liability of cities and towns that make public lands available for recreational purposes. House members on Tuesday passed the legislation 142-1. It moves to the Senate. The bill limits the liability of municipalities and districts that make lands available to the public for free. It requires the entities, however, to remain liable for certain structures, fields and roads. The legislation comes in the wake of a $2.9 million award last year to a bicyclist injured after hitting a gate on West Hartford land owned by a regional water and sewer authority. West Hartford Rep. Andrew Fleischmann said he voted against the bill out of concern for those harmed due to negligence. – Associated Press

Deadline is looming on HB 6557

If you haven’t yet sent an email to the members of the Judiciary Committee asking them to schedule a vote on HB 6557, a bill regarding protecting towns from recreational liability, please consider doing so as soon as possible.

While there have been some positive developments --more that 10 legislators are now sponsoring the HB 6557--the Judiciary Committee still has not scheduled to vote on the bill.  If they don’t do so by April 15, this bill will simply die in committee.

Please let the committee know that you wish them to schedule a vote and support HB 6557.  Here’s how to take action:
 
http://www.nemba.org/nembaevents/action.html#ConnMDC
 
Thank you for your help, and please pass on this email to your CT riding friends.

Don’t let HB 6557 Die in the Judiciary Committee – Take Action Now!

Expanding the Recreational Use Statutes to include towns and municipality is important for all recreation in Connecticut.  However, there is a real possibility that the Judiciary Committee could let HB 6557 die if the committee takes no action on it by April 15^th.

EMAIL THE JUDICARY COMMITTEE MEMBERS to let them know that as a resident of Connecticut this is important to you.

EMAIL YOUR REPRESENTATIVES AND YOUR SENATOR and ask him or her to contact the Judiciary Committee and urge them to pass HB 6557.

The Trial Lawyers appear to be working hard to stop this bill and only a grassroots groundswell of support will keep this bill alive.  Every email counts!

Please do your best to explain why HB 6557 is important to you.  Please urge the Judiciary Committee to take positive action now!