BILL ANALYSIS SB 880 Page 1 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 SB 880 Page 2 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 SB 880 Page 3 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. SB 880 Page 4 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 SB 880 Page 5 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