SENATE MEMORIAL 51

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Eric G. Griego

A MEMORIAL

REQUESTING A STUDY, REPORT AND RECOMMENDATIONS REGARDING SAFETY OVERSIGHT AT NEW MEXICO SKI AREAS.

     WHEREAS, New Mexico's ski areas are a vital and important part of the state's economy, enjoyed by the state's residents and attracting thousands of visitors to the state each year; and

     WHEREAS, it is the policy of New Mexico to protect its residents and visitors from unnecessary hazards in the operation of ski areas, ski lifts and passenger aerial tramways; and

     WHEREAS, the primary responsibility for the safety of operation, maintenance, repair and inspection of ski areas, ski lifts and tramways rests with ski area operators; and

     WHEREAS, there are inherent risks in the sport of skiing that are essentially impossible to eliminate by the ski area operator; and

     WHEREAS, there are other risks that can be reduced through proper safety procedures and precautions at ski area operations; and

     WHEREAS, New Mexico, pursuant to the Ski Safety Act, recognizes responsibilities and duties on the part of the ski area operator; and

     WHEREAS, ski area operators file their liability insurance coverage, the date of ski lift inspections and the name of the person making such inspections with the public regulation commission; and

     WHEREAS, New Mexico has not otherwise designated a state agency with the responsibility to oversee the safe operation of the state's ski areas, including the responsibility to adopt, as appropriate, rules to protect the state's residents and visitors from unnecessary hazards in the operation of ski areas, ski lifts and passenger aerial tramways; and

     WHEREAS, there are no minimum safety, training or operation requirements for New Mexico ski areas; and

     WHEREAS, safety requirements must be timely adopted to meet the current and emerging needs of New Mexico's ski area operations; and

     WHEREAS, before legislation relating to oversight of ski area safety is introduced, further study is needed to ensure that the legislation is cost-effective and does not impose undue regulatory burdens on ski area operators; and

     WHEREAS, the New Mexico senate would be well-served by having the public regulation commission study and propose legislation relating to safety oversight at New Mexico's ski areas; and

     WHEREAS, while many statistics and much data are collected to reflect the rate of accidents and injuries in New Mexico, currently, no records on ski area accidents and injuries are collected in the state;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the public regulation commission be requested to form a working group to study legislation providing for ski area safety regulation; and

      BE IT FURTHER RESOLVED that the department of health be requested to specifically track the number and types of accidents and injuries at New Mexico's ski areas; and

     BE IT FURTHER RESOLVED that the public regulation commission's working group present its findings and recommendations for proposed legislation to the interim legislative committee with oversight over health and safety issues in New Mexico; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the public regulation commission and the secretary of health.