BILL NUMBER: SB 880 CHAPTERED
BILL TEXT
CHAPTER 278
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2010
APPROVED BY GOVERNOR SEPTEMBER 23, 2010
PASSED THE SENATE AUGUST 25, 2010
PASSED THE ASSEMBLY AUGUST 19, 2010
AMENDED IN ASSEMBLY AUGUST 12, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 15, 2010
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 7, 2010
AMENDED IN SENATE FEBRUARY 12, 2010
INTRODUCED BY Senator Yee
(Principal coauthor: Assembly Member Jones)
(Coauthor: Senator Alquist)
(Coauthors: Assembly Members Buchanan, Swanson, 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, 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
impose a $25 fine for a violation of this requirement. The bill
would, however, provide that the charge against a person be dismissed
if it is the first charge against that person for a violation of
this requirement, as specified. 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 bill would require a ski resort to post signs at the resort
giving reasonable notice of the snow sport helmet requirement and the
fine for a violation of that requirement. The bill also would
require a ski resort to provide prominent written notice of the snow
sport helmet requirement on all trail maps and resort Internet Web
sites.
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.
The bill would also provide that it shall become operative only if
AB 1652 is also enacted.
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 any
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 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
section, unless it is otherwise established in court that the charge
is not the first charge against the person.
(c) (1) Except as provided in subdivision (b), 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.
(d) This section shall not apply to Nordic skiing.
(e) Nothing in this section shall be construed to increase or
decrease duties imposed under existing law.
115811. A ski resort shall comply with both of the following:
(a) Post signs at the resort giving reasonable notice that 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, and that any person who fails to do so
will be subject to a fine under Section 115810.
(b) Provide prominent written notice of the helmet requirement
under Section 115810 on all trail maps and resort Internet Web sites.
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.
SEC. 3. This act shall become operative only if Assembly Bill 1652
of the 2009-10 Regular Session is also enacted.