BILL NUMBER: SB 105	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 15, 2011

INTRODUCED BY   Senator Yee
    (   Coauthors:   Assembly Members 
 Dickinson   and Ma   ) 

                        JANUARY 13, 2011

   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 105, 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 impose a $25 fine for a violation of
this requirement. The bill would, however,  provide that the
  require that a first time  charge against a
person be dismissed  if it is the first charge against that
person for a violation of this requirement   under
certain conditions  , 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.
   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 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,   it is the first time that he or she has
been charged with violating a provision of 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.