BILL ANALYSIS                                                                                                                                                                                                    



                                                                 SB 880
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          Date of Hearing:   June 22, 2010

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                      SB 880 (Yee) - As Amended:  June 15, 2010

           SENATE VOTE  :  21-13
           
          SUBJECT  :  Public safety:  Snow sport helmets. 

           SUMMARY  :  Requires a person under 18 years of age to wear a  
          properly fitted and fastened snow sport helmet, that meets  
          specified standards, while downhill skiing or snowboarding, or  
          while riding upon a seat or other device that is attached and  
          would impose a fine of $25 for a violation of this requirement.   
           Specifically,  this bill  :  

          1)Prohibits persons under 18 years of age from operating snow  
            skies or a snowboard, or from riding upon a seat or device  
            attached to snow skies or a snowboard, while downhill skiing  
            or snowboarding, without a properly fitted and fastened snow  
            sport helmet meeting specified standards.

          2)Establishes a fine of $25 for any violation of this bill.   
            Dismisses charges against a person for violating this bill, if  
            the person alleges in court under oath that this is their  
            first charge. 

          3)Makes the parent or legal guardian of an unemancipated minor  
            jointly and severally liable with the minor for the fine. 

          4)Exempts Nordic skiing (i.e. cross-country) from these  
            provisions. 

          5)Provides that this bill does not increase or decrease duties  
            imposed under existing law. 

          6)Requires ski resorts to post signs at the resort giving  
            reasonable notice of specified helmet provisions and provide  
            notice of the requirement on all trail map, and resort  
            Internet Web sites.  

           EXISTING LAW  :

          1)Provides that every person who, among other things, willfully  








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            commits a trespass by knowingly skiing in an area or on a ski  
            trail which is closed to the public and has signs posted  
            indicating the closure is guilty of a misdemeanor.

          2)Prohibits a person under 18 years of age from operating a  
            bicycle, a nonmotorized scooter, in-line or roller skates, or  
            a skateboard, or riding upon a bicycle, a nonmotorized  
            scooter, or a skateboard as a passenger, upon a street,  
            bikeway, or any other public bicycle path or trail unless that  
            person is wearing a properly fitted and fastened bicycle  
            helmet that meets ASTM International, the Consumer Product  
            Safety Commission (CPSC) standards, or standard subsequently  
            established by those entities.  This requirement also applies  
            to a person who rides upon a bicycle while in a restraining  
            seat that is attached to the bicycle or in a trailer towed by  
            the bicycle.  Violations are punishable by a fine of not more  
            than $25.

          3)Existing federal law provides that the Secretary of  
            Agriculture is authorized to issue permits for the use and  
            occupancy of lands within the National Forest System for  
            Nordic and alpine skiing operations and purposes.  

           FISCAL EFFECT  :  According to the Senate Appropriations Committee  
          Analysis, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   

           1)PURPOSE OF THIS BILL  :  The author states that California's ski  
            slopes are perhaps the last area of recreation that lacks  
            basic safety standards in place for children.  Despite  
            repeated warnings from public health experts, professional  
            athletes, and ski resorts, each winter brings news of hundreds  
            of unnecessary tragedies for the failure to wear a helmet.   
            The CPSC has found that more than 7,000 head injuries per year  
            on the slopes in the U.S. could be prevented or reduced in  
            severity by the use of a helmet.  The CPSC study also showed  
            that for children under 15 years of age, 53% of head injuries  
            (approximately 2,600 of the 4,950 head injuries annually) are  
            addressable by use of a helmet.  The author states that this  
            bill can significantly reduce instances of traumatic brain  
            injury or death for such a vulnerable population.

           2)SKI AND SNOWBOARD ACCIDENT STATISTICS  .  According to "Skiing  
            Trauma and Safety: Sixteenth Volume," accidents claimed the  








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            lives of 562 snowboarders and skiers at U.S. ski resorts  
            between 1992 and 2005.  The significant majority of the  
            fatalities were skiers.  Experienced males between the ages of  
            18 and 43 accounted for most of the deaths, most commonly due  
            to severe head injuries resulting from high-speed impact with  
            a tree.  An estimated 100,000 to 140,000 injuries at ski  
            resorts require treatment in an emergency room each year.   
            Approximately 37.1 people have died skiing or snowboarding per  
            year on average.
           
          3)SKI AND SNOWBOARD HELMET STUDIES  .  Numerous studies conducted  
            in the last few years have shown that skiers and snowboarders  
            who wear helmets have a reduced risk of head injuries.   
            According to a 2005 study by Hagel, Pless, Goulet, Platt, and  
            Robitaille titled, "Effectiveness of Helmets in Skiers and  
            Snowboarders:  Case-Control and Case Crossover Study," helmets  
            may reduce the risk of head injuries in skiers and  
            snowboarders by 29% to 56%.  Another study by Macnab, Smith,  
            and Gagnon titled, "Effect of Helmet Wear on the Incidence of  
            Head/face and Cervical Spine Injuries in Young Skiers and  
            Snowboarders," found that helmet use for skiers and  
            snowboarders under the age of 13 reduces the incidence of head  
            injury requiring investigation and/or treatment.  Both studies  
            concluded that helmets protect skiers and snowboarders against  
            head injuries.

           4)ARGUMENTS IN SUPPORT  .  According to the sponsor, the  
            California Psychological Association, research shows that over  
            half of head injuries for children under 15 years of age are  
            addressable by use of helmet and that helmet use reduces the  
            incidence of traumatic brain injury by 29 to 56%.   
            Observations on acute rehabilitation units for patients with  
            brain injuries demonstrate that individuals who wore helmets  
            during their accidents had less severe injuries, were  
            discharged earlier, and were more likely to return to  
            pre-accident levels of functioning.  

           5)RELATED LEGISLATION  .  AB 1652 (Jones) would require ski  
            resorts to prepare an annual safety plan and create a monthly  
            summary report stating the number of deaths and injuries at  
            the resort.  Additionally this bill would require a person  
            under 18 years of age and a person employed by a ski resort to  
            wear a properly fitted and fastened snow sport helmet when  
            operating snow skis or a snowboard.  AB 1652 is set to be  
            heard in Senate Health Committee on June 30, 2010. 








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           6)PREVIOUS LEGISLATION  :   
           
             a)   AB 990 (Jones) of 2009 would have required ski resorts  
               to prepare and file an annual safety report with the  
               Division of Occupational Safety and Health (DOSH) and to  
               report to DOSH on a quarterly basis any serious injuries or  
               fatalities involving patrons at the ski resort.  AB 990  
               died on the Suspense File in the Assembly Appropriations  
               Committee.

             b)   SB 284 (Cox) of 2009 would have required DOSH to utilize  
               the most current safety standards when inspecting aerial  
               passenger tramways operated at ski resorts.  SB 284 would  
               have also required ski resorts to file an annual safety  
               plan with DOSH, make the safety plan available on demand,  
               report to DOSH, within 24 hours, any fatalities involving  
               patrons at the resort, and standardize safety signage and  
               equipment padding in use at the resort.  SB 284 died in the  
               Senate Labor and Industrial Relations Committee where it  
               was set for a hearing, but the hearing was cancelled at the  
               request of the author.

             c)   AB 2218 (Keeley) of 2002 would have created the  
               California Ski Safety Commission (Commission) in order to  
               adopt uniform signs and provide a copy of its standards and  
               recommendations to all ski areas doing business in  
               California.  AB 2218 would have also required ski areas  
               that post signs to use the signs adopted by the Commission.  
                AB 2218 failed passage in the Senate Appropriations  
               Committee.

           7)DOUBLE REFERRAL  .  This bill has been double-referred.  Should  
            this bill pass out of this committee, it will be referred to  
            the Assembly Committee on Judiciary.  

          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Psychological Association (sponsor)
          American Board of Trial Advocates
          American Psychological Association - Division of Clinical  
          Neuropsychology
          Association of California Insurance Companies








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          California Brain Injury Association 
          California Chapter of the American College of Emergency  
          Physicians
          California Children's Hospital Association
          California Chiropractic Association
          California Emergency Nurses Association
          California Hospital Association
          California Medical Association
          California Nurses Association/National Nurses Organizing  
          Committee
          California School Nurses Organization
          California Ski Industry Association
          California Society of Physical Medicine and Rehabilitation
          California Psychiatric Association
          California Travel Industry Association
          Children's Advocacy Institute
          Children's Hospital and Research Center Oakland
          Children's Specialty Care Coalition 
          National Academy of Neuropsychology 
          Occupational Therapy Association of California 
          Orange County Psychological Association
          Richmond Area Multi-Services, Inc. 
          San Francisco Psychological Association 

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Martin Radosevich / HEALTH / (916)  
          319-2097