0001| SENATE BILL 815
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MICHAEL S. SANCHEZ
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO SKIING; REVISING THE SKI SAFETY ACT; AMENDING
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0012| SECTIONS OF THE NMSA 1978.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 24-15-2 NMSA 1978 (being Laws 1969,
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0016| Chapter 218, Section 2, as amended) is amended to read:
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0017| "24-15-2. PURPOSE OF ACT.--
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0018| A. In order to safeguard life, health, property
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0019| and the welfare of this state, it is the policy of New Mexico
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0020| to protect its citizens and visitors from unnecessary hazards
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0021| in the operation of ski lifts and passenger aerial tramways and
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0022| to require liability insurance to be carried by operators of
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0023| ski lifts and tramways. The primary responsibility for the
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0024| safety of operation, maintenance, repair and inspection of ski
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0025| lifts and tramways rests with the operators of such devices.
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0001| The primary responsibility for the safety of the individual
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0002| skier while engaging in the sport of skiing rests with the
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0003| skier himself. The state, through the Ski Safety Act,
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0004| recognizes these responsibilities and duties on the part of the
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0005| ski area operator and the skier.
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0006| B. It is recognized that there are inherent risks
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0007| in the sport of skiing, which should be understood by each
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0008| skier and which are essentially impossible to eliminate by the
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0009| ski area operator. It is the purpose of the Ski Safety Act to
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0010| define those areas of responsibility and affirmative acts for
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0011| which ski area operators shall be liable for loss, damage or
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0012| injury and those risks which the skier or passenger expressly
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0013| assumes and for which there can be no recovery."
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0014| Section 2. Section 24-15-3 NMSA 1978 (being Laws 1979,
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0015| Chapter 279, Section 3) is amended to read:
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0016| "24-15-3. DEFINITIONS.--As used in the Ski Safety Act:
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0017| A. "ski lift" means any device operated by a ski
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0018| area operator used to transport passengers by single or double
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0019| reversible tramway, chair lift or gondola lift, T-bar lift, J-
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0020| bar lift, platter lift or similar device or a fiber rope tow;
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0021| B. "passenger" means any person, at any time in
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0022| the year, who is lawfully using a ski lift, [or is waiting to
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embark or has recently disembarked from a ski lift and is in
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its immediate vicinity] is actually being transported on a
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0025| ski lift, is actually loading or unloading from a ski lift or
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0001| is waiting to load or has recently unloaded from a ski lift;
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0002| C. "ski area" means the property owned, permitted,
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0003| leased or under the control of the ski area operator and
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0004| administered as a single enterprise within the state;
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0005| D. "ski area operator" means any person,
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0006| partnership, corporation or other commercial entity and its
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0007| agents, officers, employees or representatives who has
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0008| operational responsibility for any ski area or ski lift;
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0009| E. "skiing" means participating in the sport in
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0010| which a person slides on snow, ice or a combination of snow and
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0011| ice while using skis;
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0012| [E.] F. "skiing area" means all slopes, [and]
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0013| trails, terrain parks and competition areas, not including
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0014| any ski lift;
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0015| [F.] G. "skier" means any person, including a
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0016| person enrolled in ski school or other class for instruction,
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0017| who is on skis and present at a skiing area under the control
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0018| of a ski area operator for the purpose of engaging in the
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0019| sport of skiing by utilizing the ski slopes and trails and does
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0020| not include [the use of a ski lift] a passenger;
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0021| [G.] H. "ski slopes and trails" means those
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0022| areas designated by the ski area operator to be used by skiers
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0023| for the purpose of participating in the sport of skiing; [and
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H.] I. "ski retention device" means a device
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0025| designed to help prevent runaway skis; and
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0001| J. "skis" means any device used for skiing,
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0002| including alpine skis, telemark skis, cross-country skis, mono-
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0003| skis, snowboards, bladerunners, adaptive devices used by
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0004| disabled skiers, or tubes, sleds or any other device used to
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0005| accomplish the same or a similar purpose to participate in the
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0006| sport of skiing."
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0007| Section 3. Section 24-15-4 NMSA 1978 (being Laws 1969,
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0008| Chapter 218, Section 4) is amended to read:
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0009| "24-15-4. INSURANCE.--
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0010| A. Every operator shall file with the state
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0011| corporation commission and keep on file therewith proof of
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0012| financial responsibility in the form of a current insurance
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0013| policy in a form approved by the commission, issued by an
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0014| insurance company authorized to do business in the state,
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0015| conditioned to pay, within the limits of liability herein
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0016| prescribed, all final judgments for personal injury or property
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0017| damage proximately caused or resulting from negligence of the
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0018| operator covered thereby, as such negligence is defined and
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0019| limited by the Ski Safety Act. The minimum limits of liability
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0020| insurance to be provided by operators shall be as follows:
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0021| SKI SAFETY ACT
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0022| LIABILITY INSURANCE
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0023| LIMITS OF LIABILITY
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0024| REQUIRED MINIMUM COVERAGES
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0025| FOR INJURIES, DEATH OR DAMAGES
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0001| LIMITS FOR BODILY
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0002| INJURY TO OR DEATH
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0003| LIMITS FOR BODILY OF ALL PERSONS
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0004| KIND AND NUMBER INJURY TO OR DEATH INJURED OR KILLED PROPERTY
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0005| OF LIFTS OPERATED OF ONE PERSON IN ANY ONE ACCIDENT DAMAGE
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0006| Not more than
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0007| three surface lifts $ [25,000] $ [75,000] $[1,000]
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0008| $ 100,000 $ 300,000 $ 5,000
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0009| Not more than
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0010| three ski lifts,
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0011| including one or more [50,000] [150,000] [2,500]
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0012| chair lifts 250,000 500,000 25,000
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0013| More than three
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0014| ski lifts or one [100,000] [300,000] [5,000]
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0015| or more tramways 500,000 1,000,000 50,000.
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0016| B. No ski lift or tramway shall be operated in
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0017| this state after the effective date of the Ski Safety Act
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0018| unless a current insurance policy as required herein is in
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0019| effect and properly filed with the state corporation
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0020| commission. Each policy shall contain a provision that it
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0021| cannot be [cancelled] canceled prior to its expiration date
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0022| without thirty days' written notice of intent to cancel served
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0023| by registered mail on the insured and on the commission."
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0024| Section 4. Section 24-15-5 NMSA 1978 (being Laws 1969,
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0025| Chapter 218, Section 5) is amended to read:
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0001| "24-15-5. PENALTY.--Any operator convicted of operating a
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0002| ski lift or aerial passenger tramway without having [filed]
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0003| obtained and kept in force an insurance policy as required by
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0004| the Ski Safety Act is guilty of a misdemeanor punishable by a
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0005| fine of not more than [one hundred dollars ($100)] five
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0006| hundred dollars ($500) for each day of illegal operation. The
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0007| attorney general or the district attorney of the county where
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0008| the ski area is located has the power to bring proceedings in
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0009| the district court of the county in which the ski area is
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0010| located to enjoin the operation of any ski lift or tramway
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0011| being operated without a current insurance policy, in the
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0012| amounts prescribed herein, being on file and covering the
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0013| operator concerned."
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0014| Section 5. Section 24-15-7 NMSA 1978 (being Laws 1979,
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0015| Chapter 279, Section 4) is amended to read:
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0016| "24-15-7. DUTIES OF SKI AREA OPERATORS WITH RESPECT TO
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0017| SKIING AREAS.--Every ski area operator shall have the following
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0018| duties with respect to the operation of a skiing area:
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0019| A. to mark all snow-maintenance vehicles and to
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0020| furnish such vehicles with flashing or rotating lights, which
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0021| shall be in operation whenever the vehicles are working or are
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0022| in movement in the skiing area;
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0023| B. to mark with a visible sign or other warning
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0024| implement the location of any hydrant or similar equipment used
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0025| in snow-making operations and located on ski slopes and trails;
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0001| C. to mark [conspicuously] in a plainly visible
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0002| manner the top or entrance to each slope, trail or area with
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0003| the appropriate symbol for its relative degree of difficulty,
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0004| using the symbols established or approved by the national ski
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0005| areas association; and those slopes, trails or areas which are
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0006| closed, or portions of which present an unusual obstacle or
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0007| hazard, shall be marked at the top or entrance or at the point
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0008| of the obstacle or hazard with the appropriate symbols as are
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0009| established or approved by the national ski areas association
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0010| [as of the effective date of the Ski Safety Act and as shall
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be modified by the association from time to time] or by the
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0012| New Mexico ski area operators association;
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0013| D. to maintain one or more trail boards at
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0014| prominent locations at each ski area displaying that area's
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0015| network of ski trails and slopes with each trail and slope
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0016| rated in accordance with the symbols and containing a key to
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0017| the symbols;
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0018| E. to designate by trail board or otherwise at the
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0019| top of or entrance to the subject trail or slope which trails
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0020| or slopes are open or closed;
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0021| F. to place or cause to be placed, whenever snow-
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0022| maintenance vehicles or snow-making operations are being
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0023| undertaken upon any trail or slope while such trail or slope is
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0024| open to the public, a conspicuous notice to that effect at or
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0025| near the top or entrance of such trail or slope;
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0001| G. to provide ski patrol personnel trained in first
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0002| aid, which training meets at least the requirements of the
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0003| [American red cross advanced first aid] national ski patrol
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0004| winter emergency care course, and also trained in winter
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0005| rescue and toboggan handling to serve the anticipated number of
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0006| injured skiers and to provide personnel trained for the
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0007| evacuation of passengers from stalled aerial ski lifts. A
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0008| first aid room or building shall be provided with adequate
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0009| first aid supplies, and properly equipped rescue toboggans
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0010| shall be made available at all reasonable times at the top of
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0011| ski slopes and trails to transport injured skiers from the ski
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0012| slopes and trails to the first aid room;
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0013| H. to post notice of the requirements of the Ski
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0014| Safety Act concerning the use of ski retention devices; [and]
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0015| I. to warn of or correct particular hazards or
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0016| dangers known to the operator where feasible to do so; and
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0017| J. to warn of snowmobiles or all-terrain vehicles
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0018| (ATV's) operated on the ski slopes or trails with at least one
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0019| lighted headlamp, one lighted red tail lamp, a brake system and
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0020| a fluorescent flag that is at least forty square inches and is
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0021| mounted at least six feet above the bottom of the tracks or
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0022| tires."
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0023| Section 6. Section 24-15-10 NMSA 1978 (being Laws 1979,
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0024| Chapter 279, Section 7) is amended to read:
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0025| "24-15-10. DUTIES OF THE SKIERS.--
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0001| A. It is recognized that skiing as a recreational
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0002| sport is inherently hazardous to skiers, and it is the duty of
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0003| each skier to conduct himself carefully.
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0004| B. A person who takes part in the sport of skiing
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0005| accepts as a matter of law the dangers inherent in that sport
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0006| insofar as they are obvious and necessary. Each skier
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0007| expressly assumes the risk of and legal responsibility for any
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0008| injury to person or property which results from participation
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0009| in the sport of skiing, in the skiing area, including any
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0010| injury caused by the following: variations in terrain; surface
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0011| or subsurface snow or ice conditions; bare spots; rocks, trees
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0012| or other forms of forest growth or debris; lift towers and
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0013| components thereof, pole lines and snow-making equipment which
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0014| are plainly visible or are plainly marked in accordance with
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0015| the provisions of Section 24-15-7 NMSA 1978; except for any
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0016| injuries to persons or property resulting from any breach of
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0017| duty imposed upon ski area operators under the provisions of
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0018| Sections 24-15-7 and 24-15-8 NMSA 1978. Therefore, each skier
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0019| shall have the sole individual responsibility for knowing the
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0020| range of his own ability to negotiate any slope or trail, and
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0021| it shall be the duty of each skier to ski within the limits of
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0022| the skier's own ability, to maintain reasonable control of
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0023| speed and course at all times while skiing, to heed all posted
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0024| warnings, to ski only on a skiing area designated by the ski
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0025| area operator and to refrain from acting in a manner which may
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0001| cause or contribute to the injury of anyone. [The
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responsibility for collisions by any skier while actually
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skiing, with any person or object, shall be solely that of the
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individual or individuals involved in such collision, except
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where the ski area operator is involved in such collision or
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where such collision resulted from any breach of duty imposed
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upon the ski area operator under the provisions of Sections 24-
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15-7 and 24-15-8 NMSA 1978.]
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0009| C. Responsibility for collisions by any skier
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0010| while actually skiing, with any person or object, shall be
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0011| solely that of each individual involved in the collision,
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0012| except where an employee, agent or officer of the ski area
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0013| operator is personally involved in a collision while in the
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0014| course and scope of his employment or where a collision
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0015| resulted from any breach of duty imposed upon a ski area
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0016| operator under the provisions of Sections 24-15-7 or 24-15-8
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0017| NMSA 1978. Each skier has the duty to stay clear of and avoid
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0018| collisions with snow-grooming equipment, all-terrain vehicles
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0019| and snowmobiles marked in compliance with the provisions of
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0020| Subsections A and J of Section 24-15-7 NMSA 1978, all other
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0021| vehicles, lift towers, signs and any other structures,
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0022| amenities or equipment on the ski slopes and trails or in the
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0023| skiing area.
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0024| [C.] D. No person shall:
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0025| (1) place any object in the skiing area or on
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0001| the uphill track of any ski lift which may cause a passenger or
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0002| skier to fall;
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0003| (2) cross the track of any T-bar lift, J-bar
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0004| lift, platter lift or similar device or a fiber rope tow,
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0005| except at a designated location;
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0006| (3) when injured while skiing or using a ski
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0007| lift or, while skiing, when involved in a collision with any
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0008| skier or object in which an injury results, leave the ski area
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0009| before giving his name and current address to the ski area
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0010| operator, or representative or employee of the ski area
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0011| operator, and the location where the injury or collision
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0012| occurred and the circumstances thereof; provided, however, in
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0013| the event a skier fails to give the notice required by this
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0014| paragraph, a court, in determining whether or not such failure
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0015| constitutes a violation of the Ski Safety Act, may consider the
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0016| reasonableness or feasibility of giving such notice; or
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0017| (4) use a ski lift, skiing area, slopes or
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0018| trails while intoxicated or under the influence of any
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0019| controlled substance.
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0020| [D.] E. No skier shall fail to wear retention
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0021| straps or other ski retention devices to help prevent runaway
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0022| skis.
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0023| [E.] F. Any skier upon being injured shall
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0024| indicate, to the ski patrol personnel offering first aid
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0025| treatment or emergency removal to a first aid room, his
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0001| acceptance or rejection of such services as provided by the ski
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0002| area operator. If such service is not refused or if the skier
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0003| is unable to indicate his acceptance or rejection of such ser-
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0004|
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0005| vice, the acceptance of the service is presumed to have been
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0006| accepted by the skier. Such acceptance shall not constitute a
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0007| waiver of any action for negligent provision of the service by
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0008| the ski patrol personnel."
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0009|
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0010|
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| February 26, 1997
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0017|
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0018| Mr. President:
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0019|
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0020| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0021| whom has been referred
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0022|
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0023| SENATE BILL 815
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, and thence referred to the
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0002| JUDICIARY COMMITTEE.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008|
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0009| __________________________________
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0010| Roman M. Maes, III, Chairman
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0011|
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0012|
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0013|
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0014| Adopted_______________________ Not
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0015| Adopted_______________________
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018|
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0019| Date ________________________
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0020|
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0021|
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0022| The roll call vote was 8 For 0 Against
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0023| Yes: 8
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0024| No: 0
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0025| Excused: Fidel, Robinson
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0001| Absent: None
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0002|
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0003|
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0004| S0815CT1
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0005|
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0006| State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 19, 1997
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your JUDICIARY COMMITTEE, to whom has been referred
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0019|
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0020| SENATE BILL 815, as amended
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005| Thomas P. Foy, Chairman
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0006|
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0007|
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0008| Adopted Not Adopted
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0009|
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012| Date
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0013|
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0014| The roll call vote was 8 For 0 Against
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0015| Yes: 8
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0016| Excused: Alwin, M.P. Garcia, King, Mallory, Rios
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0017| Absent: None
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0018|
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0019|
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0020| G:\BILLTEXT\BILLW_97\S0815
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