Bill Text: NJ S3980 | 2020-2021 | Regular Session | Introduced
Bill Title: Eliminates certain requirements for nonprofit organization operating ski area.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-06-21 - Introduced in the Senate, Referred to Senate Commerce Committee [S3980 Detail]
Download: New_Jersey-2020-S3980-Introduced.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Eliminates certain requirements for nonprofit organization operating ski area.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning nonprofit organizations operating a ski area and amending P.L.1979, c.29.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1979, c.29 (C.5:13-2) is amended to read as follows:
2. As used in this act
[a.] "Nonprofit organization" means a private nonprofit corporation, society, or association that has been determined by the Internal Revenue Service of the United States Department of the Treasury to be exempt from income taxation under 26 U.S.C.s.501(c)(3).
"Operator" means a person or entity who owns, manages, controls or directs the operation of an area where individuals come to ski, whether alpine, touring or otherwise, or operate skimobiles, toboggans, sleds or similar vehicles and pay money or tender other valuable consideration for the privilege of participating in said activities, and includes an agency of this State, political subdivisions thereof or instrumentality of said entities, or any individual or entity acting on behalf of an operator for all or part of such activities.
[b.] "Ski area" includes all of the real and personal property, under the control of the operator or on the premises of the operator which are being occupied, by license, lease, fee simple or otherwise, including but not limited to all passenger tramways, designated trails, slopes and other areas utilized for skiing, operating toboggans, sleds, or similar vehicles during the skiing season.
[c.] "Skier" means a person utilizing the ski area for recreational purposes such as skiing or operating toboggans, sleds or similar vehicles, and including anyone accompanying the person. Skier also includes any person in such ski area who is an invitee, whether or not said person pays consideration.
[d.] "Slopes and trails" means those areas designated as such by the operator.
(cf: P.L.1979, c.29, s.2)
2. Section 3 of P.L.1979, c.29 (C.5:13-3) is amended to read as follows:
3. a. It shall be the responsibility of the operator to the extent practicable, to:
(1) Establish and post a system generally identifying slopes and trails and designating relative degrees of difficulty thereof; and to make generally available to skiers information in the form of trail maps or trail reports.
(2) Make generally available either by oral or written report or otherwise, information concerning the daily conditions of the slopes and trails.
(3) Remove as soon as practicable obvious, man-made hazards.
An operator shall not be required to comply with the provisions of this subsection if the ski area is operated by a nonprofit organization.
b. [No operator] An operator shall not be responsible to any skier or other person because of its failure to comply with any provisions of subsection [3.a.] a. of this section if such failure was caused by:
(1) Abrupt changes in weather conditions;
(2) Hazards normally associated with the varying conditions of snow or undercover, including skier use; or
(3) Subject to the provisions of paragraph 3 of subsection [3.a.(3)] a. of this section , the location of man-made facilities and equipment necessary for the ordinary operation of the ski area, such as transportation or grooming vehicles, which are marked by flashing lights or other suitable sight or sound devices towers, fencing of any type, racing poles, or any other object or piece of equipment utilized in connection with the maintenance of trails, buildings or other facilities used in connection with skiing.
c. Grooming shall be at the discretion of the operator.
d. [No operator] An operator shall not be liable to any skier unless said operator has knowledge of the failure to comply with the duty imposed by this section or unless said operator should have reasonably known of such condition and having such knowledge has had a reasonable time in which to correct any condition or comply with any duty set forth in this section.
e. Nothing contained in this act shall be construed as limiting or otherwise affecting the liability and responsibilities of a ski area operator under the "Ski Lift Safety Act" (P.L.1975, c. 226, C. 34:4A-1 et seq.), or shall prevent the maintenance of an action against a ski area operator for negligent construction, maintenance or operation of a passenger tramway.
(cf: P.L.1979, c.29, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill eliminates certain requirements for nonprofit organizations operating a ski area.
Under current law, the operator of a ski area is required to:
· establish and post a system generally identifying slopes and trails and designating the relative degrees of difficulty of the slopes and trails and make trail maps and trail reports available to skiers;
· make available, either by oral or written report, information concerning the daily conditions of the slopes and trails; and
· remove obvious, man-made hazards as soon as practicable.
Under the bill, the operator of a ski area is not required to comply with these provisions if the ski area is operated by a nonprofit organization.
The bill defines "nonprofit organization" to mean a private nonprofit corporation, society, or association that has been determined by the Internal Revenue Service of the United States Department of the Treasury to be exempt from income taxation under 26 U.S.C.s.501(c)(3).
