Bill Text: NJ S130 | 2010-2011 | Regular Session | Introduced
Bill Title: Makes certain requirements concerning downhill skiing.
Spectrum: Slight Partisan Bill (Democrat 8-5)
Status: (Passed) 2011-04-06 - Approved P.L.2011, c.41. [S130 Detail]
Download: New_Jersey-2010-S130-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris)
Senator JOSEPH PENNACCHIO
District 26 (Morris and Passaic)
SYNOPSIS
Makes certain requirements concerning downhill skiing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the activity of downhill skiing and supplementing chapter 13 of Title 5 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person under 14 years of age engaged in the activity of downhill skiing shall wear a securely fitted protective helmet. As used in this act, "helmet" means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the activity of downhill skiing. A helmet shall be issued by the operator of a ski area as that term is defined in section 2 of P.L.1979, c.29 (C.5:13-2) to a skier under the age of 14 years and the operator may charge a rental fee for its use. A person under 14 years of age who owns a helmet specifically designed by the manufacturer to be used while engaged in the activity of downhill skiing may use it and shall not be required to use a helmet issued by the ski operator. For the purposes of this act, "downhill skiing" includes the operation of toboggans, sleds, snowboards and similar vehicles.
b. If a ski operator fails to issue a protective helmet to a person under 14 years of age, the operator shall be subject to a penalty of $100 for each failure to issue a helmet. The penalty shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999" P.L.1999, c.274 (C.2A:58-10 et seq.).
c. The parent or legal guardian of a person under 14 years of age shall ensure that the person wears a protective helmet as required by subsection a. of this section. A parent or legal guardian who does not comply with this requirement shall be fined a maximum of $25 for the person's first offense and a maximum of $100 for a subsequent offense. The penalty shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999" P.L.1999, c.274 (C.2A:58-10 et seq.).
d. A ski operator shall issue to and require persons under 14 years of age to attach a distinctive colored-tag to the person's ski lift ticket to identify that person as one required to wear a protective helmet as specified in subsection a. of this section.
2. An operator of a ski
area shall establish in writing the procedures to be followed by the employees
or volunteers at the ski area for the provision of medical care to an injured
skier. These written procedures shall be distributed to all employees and
volunteers who work at the ski area. The procedures shall be reviewed annually
and revised as necessary by the operator. Prior to establishing these
procedures or reviewing and revising them, the operator shall first consult
with the appropriate first aid, rescue, or ambulance squads and medical
facilities which will be
providing medical services for that ski area on the proper treatment and
transportation of injured skiers.
3. This act shall take effect on the first day of the seventh month after enactment.
STATEMENT
This bill creates certain requirements concerning downhill skiing. The bill requires any skier under the age of 14 years to wear a securely fitted protective helmet specifically designed by the manufacturer to be used while engaged in the activity of downhill skiing. Under the bill's provisions, "downhill skiing" includes the operation of toboggans, sleds, snowboards and similar vehicles.
A ski area operator would be required to provide the helmets for a rental fee and be subject to a $100 fine for failing to provide one. Parents or guardians would be required by the bill to ensure that these skiers wear a protective helmet. A parent who fails to comply would be fined $25 for a first offense and $100 for a subsequent offense. For enforcement purposes, the bill requires ski area operators to issue skiers under 14 years of age a distinctive "colored-tag" to be attached to the skier's lift ticket.
The bill also requires a ski area operator to establish written procedures for the provision of medical care to an injured skier which are to be followed by the employees or volunteers working at the ski area. The procedures are to be reviewed annually and revised as necessary.
