BILL NUMBER: SB 880	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2010
	AMENDED IN SENATE  FEBRUARY 12, 2010

INTRODUCED BY   Senator Yee
   (Coauthor: Senator Alquist)
   (Coauthors: Assembly Members Buchanan and Torlakson)

                        JANUARY 12, 2010

   An act to add Article 3 (commencing with Section 115810) to
Chapter 4 of Part 10 of Division 104 of the Health and Safety Code,
relating to public safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 880, as amended, Yee. Public safety: snow sport helmets.
   Existing law requires a person under 18 years of age to wear a
properly fitted and fastened bicycle helmet while operating a bicycle
or riding upon a bicycle as a passenger upon the streets or any
other public bicycle path.
   This bill would require a person under 18 years of age to wear a
properly fitted and fastened snow sport helmet while operating snow
skis or a snowboard  while participating in the sport of downhill
skiing or snowboarding  , or while riding upon a seat or other
device that is attached to the snow skis or a snowboard  while
participating in the sport of downhill skiing or snowboarding  .
The bill would provide for fines to be imposed for violations of
this prohibition. The bill would, however, require that the charge
against a person be dismissed if it is the first charge against that
person for a violation of this prohibition.
   The bill would also require any snow sport safety helmet sold or
offered for sale to be conspicuously labeled in accordance with the
specified standards and would prohibit the sale or offer for sale of
any snow sport safety helmet which is not of a type meeting the
safety standards. Because this bill would create a new crime, it
would impose a state-mandated local program. 
    The bill would specify that nothing in those provisions shall be
construed to increase or decrease duties imposed under existing law.
The bill would also specify that those provisions shall not apply to
Nordic skiing. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 3 (commencing with Section 115810) is added to
Chapter 4 of Part 10 of Division 104 of the Health and Safety Code,
to read:

      Article 3.  Snow Sports


   115810.  (a) A person under 18 years of age shall not operate snow
skis or a snowboard  while participating in the sport of
downhill skiing or snowboarding  unless that person is wearing a
properly fitted and fastened snow sport helmet that meets the
standards of either the Central European Norm CE1077, the ASTM
International F 2040, or the Snell Memorial Foundation RS-98, or the
United States Consumer Product Safety Commission (CPSC), or standards
subsequently established by those entities. This requirement also
applies to a person who rides upon a seat or any other device that is
attached to the snow skis or snowboard  while participating in
the sport of downhill skiing or snowboarding  .
   (b) Any snow sport helmet sold or offered for sale for use by
operators of snow skis or a snowboard shall be conspicuously labeled
in accordance with the standard described in subdivision (a) which
shall constitute the manufacturer's certification that the helmet
conforms to the applicable safety standards.
   (c) No person shall sell, or offer for sale, for use by an
operator of snow skis or a snowboard any safety helmet which is not
of a type meeting requirements established by this section.
   (d) Any charge under this section shall be dismissed when the
person charged alleges in court, under oath, that the charge against
the person is the first charge against that person under this
subdivision, unless it is otherwise established in court that the
charge is not the first charge against the person.
   (e) (1) Except as provided in subdivision (d), a violation of this
section is an infraction punishable by a fine of not more than
twenty-five dollars ($25).
   (2) The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this section shall be
jointly and severally liable with the minor for the amount of the
fine imposed pursuant to this subdivision. 
   (f) This section shall not apply to Nordic skiing.  
   (g) Nothing in this section shall be construed to increase or
decrease duties imposed under existing law. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.