HOUSE BILL No. 5628

 

January 17, 2008, Introduced by Reps. Constan, Young, Clemente, Vagnozzi and Polidori and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1962 PA 199, entitled

 

"Ski area safety act of 1962,"

 

by amending sections 21 and 24 (MCL 408.341 and 408.344), section

 

21 as amended and section 24 as added by 1981 PA 86.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21. (1) A skier shall conduct himself or herself within

 

the limits of his or her individual ability and shall not act or

 

ski in a manner that may contribute to his or her injury or to the

 

injury of any other person. A skier shall be the sole judge of his

 

or her ability to negotiate a track, trail, or slope.

 

     (2) While in a ski area, a skier or passenger shall not do any

 

of the following:

 


     (a) Board a ski lift which that has been designated as closed.

 

     (b) Wilfully Willfully board or embark upon, or disembark

 

from, a ski lift, except at an area designated for those purposes.

 

     (c) Intentionally drop, throw, or expel an object from a ski

 

lift while riding on the lift.

 

     (d) Do any act which that interferes with the running or

 

operation of a ski lift, such as including, but not limited to, :

 

swinging or bouncing on an aerial lift, attempting to contact

 

supporting towers, machinery, guides, or guards while riding on a

 

ski lift; or skiing out of the designated ski track on a surface

 

lift or tow.

 

     (e) Use a ski lift, unless the skier or passenger has the

 

ability to use the lift safely without instruction on use of the

 

lift by a ski area owner, manager, operator, or employee, or unless

 

the skier or passenger requests and receives instruction before

 

entering the boarding area of the ski lift.

 

     (f) Use a ski lift or ski without properly engaging and using

 

ski restraining devices, brakes, or restraining straps.

 

     (3) A skier shall wear a helmet on his or her head while on a

 

ski slope. If the skier is a minor, the minor's parent shall ensure

 

that the minor wears the helmet while on a ski slope. The helmet

 

shall comply with the American society for testing and materials

 

standard F2040-02, standard specification for helmets used for

 

recreational snow sports.

 

     Sec. 24. (1) A skier, or passenger, who violates this act, or

 

an operator who violates this act shall be is liable for that the

 

portion of the loss or damage resulting that results from that the

 


violation.

 

     (2) A skier or, if the skier is a minor, the parent of a skier

 

who violates section 21(3) is responsible for a state civil

 

infraction and may be ordered to pay a civil fine of not more than

 

$100.00.