Veto SB303
Call Governor Lombardo’s Office TODAY (775) 684-5670 and ask him to Veto Senate Bill 303
Protect your public and pirate trails and those who keep them awesome! Whether you enjoy Sierra Vista Bike Park, Steamboat Ditch Trail, or are a lover of less sanctioned routes, you will be impacted negatively if SB303 is made into law.
If you like Nevada trails and enjoy our extraordinary outdoor access, this is a critical moment. A cornerstone of Nevada recreation access is due to a law that broadly protects land owners and outdoor recreation organizations from legal liability. That phenomenal protection goes away with SB303. Without it, land owners will be incentivized to cut off access, state parks will be less willing to work with outdoor recreation vendors, and outdoor recreation vendors will see a double whammy of rising costs and reduced funding opportunities. For more details, here is what Kevin Joell recently shared.
ADVOCACY ALERT- Contact Governor Lombardo today and tell him to veto SB303.
TLDR- SB303 changes Nevada recreational immunity law and could significantly alter how parks and trails are open to the public and operated or stewarded by non-profit organizations like Sky Tavern, Rosewood Lakes or Sierra Vista Park. Contact the governor:
Phone: (775) 684-5670 or https://gov.nv.gov/Forms/Share/
The full version:
Senate Bill 303 was introduced, and despite testimony and opposition from parks departments and outdoor organizations in Nevada, was passed by the Legislature and has landed on the Governor's desk awaiting signature or veto. How, you may ask, did this happen? Just follow the money. The bill was pushed by the Nevada Justice Association, which is the lobbying group for trial lawyers. They donate significantly to many state legislators. This bill expands the circumstances for when a lawsuit could be filed against a local government, a non-profit managing or leasing a recreational area, or a private property owner that allowed a trail to cross their property through an easement.
The current recreational use immunity law in Nevada (NRS 41.510) is quite strong, apparently much to the shagrin of the trail lawyers that make money off plentiful lawsuits. Some background on what led to the bill if you’re interested: The Court of Appeals issued a decision in Abbott v. City of Henderson saying recreational use immunity didn’t apply to city parks. The Nevada Supreme Court reversed, and said it applies to any land open for recreation. In the gap of time between the Court of Appeals decision and the Supreme Court reversal, Washoe County received three personal injury lawsuits—one where someone stepped in “unexpectedly thick mud” at Rancho San Rafael and twisted their ankle, one where a tourist in Incline Village, NV fell off their e-bike, and another where someone tripped on a walking path in South Valleys Regional Park. These were all eventually dismissed, but the fact that the lawsuits were even filed consumed substantial taxpayer-funded legal resources.
In testimony during the bill hearings, City of Sparks said it will become uninsurable and will likely close parks. Other parks departments expressed similar concerns. Some amendments were made to address those concerns but it's still a bad package that will affect private property trail easements and non-profits that assist with trails.
The way the bill was written, it exempts non-profits that own land and operate trails but not those organizations that lease land or steward trails such as the Tahoe Rim Trail Association, Rosewood Lakes with the TM Parks Foundation, Sierra Vista Park with the Biggest Little Trail Stewardship, or the Sky Tavern Ski and Bike Park. The likelihood that a lawsuit or threat of lawsuit could significantly alter local trail access as we know it is very high if this bill passes.
Contact the governor's office today and encourage a veto on SB303:
Phone: (775) 684-5670. Not sure if this line is answered outside of business hours, but it is very easy to call during business hours and tell them the bill number and action requested. Or use this online form which is also pretty easy to fill out anytime:
https://gov.nv.gov/Forms/Share/