Eliminates certain requirements for nonprofit organization operating ski area.

A1282

ASSEMBLY, No. 1282

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Eliminates certain requirements for nonprofit
organization operating ski area.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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).