BILL ANALYSIS Ó
SB 105
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Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
SB 105 (Yee) - As Amended: April 12, 2011
SENATE VOTE : 32-6
SUBJECT : Public safety: snow sport helmets.
SUMMARY : Requires individuals under 18 years of age, when
operating snow skis or a snowboard while downhill skiing or
snowboarding, to wear a properly fitted and fastened snow sport
helmet that meets specified standards. Imposes a fine of $25
for a violation of the helmet requirement. Requires ski resorts
to post signs giving reasonable notice of this helmet
requirement. Specifically, this bill :
1)Requires individuals under 18 years of age, when operating
snow skis or a snowboard while downhill skiing or
snowboarding, to wear a properly fitted and fastened snow
sport helmet that meets specified standards. Applies this
requirement 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.
Exempts Nordic skiing from this requirement.
2)Imposes a fine of $25 for a violation of the helmet
requirement. Makes the parent or legal guardian having
control or custody of an unemancipated minor whose conduct
violates this requirement jointly and severally liable with
the minor for the fine.
3)Prohibits the provisions of above from being construed to
increase or decrease duties imposed under existing law.
4)Requires ski resorts to post signs giving reasonable notice
that a person under 18 years of age is required to wear a
properly fitted and fastened snow sport helmet to operate snow
skis or a snowboard while downhill skiing or snowboarding and
that any person who fails to do so will be subject to a fine.
Requires ski resorts to provide prominent written notice of
the helmet requirement on all trail maps and resort Internet
Web sites.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, half of all
skiing deaths are caused by a head injury. Recent studies
show that when helmets are used, the incidence of traumatic
brain or head injury has been reduced 29% to 56%. The Federal
Consumer Products Safety Commission (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 are addressable by use of a
helmet. The author states that injuries that are sustained
without a helmet are not only dangerous, but also pose
significant financial hardship. According to the American
Medical Association, first-year acute care costs for all
skiers under age 17 who sustain a head injury range from $1.5
million for patients with mild traumatic brain injury (TBI) to
$82 million for those with severe TBI. Annual lifetime care
costs per an individual, excluding first year costs, range
from $329,000 for mild TBI to $8.96 million for severe TBI.
An estimated cost for life care for an 11 year-old with a mild
TBI is about $6.5 million. In 2009-10, according to the
National Ski Areas Association, 19 out of 38 people who died
on the ski slopes were not wearing helmets at the time of the
injury. Studies show that kids who have been wearing helmets
are more likely to wear them as they get older. The author
states that enactment of this bill will decrease the number of
serious injuries, thereby reducing health care premiums for
everyone.
2)SKI AND SNOWBOARD ACCIDENT STATISTICS . According to "Skiing
Trauma and Safety: Sixteenth Volume," accidents claimed the
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 people have died skiing or snowboarding per
year on average.
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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)SUPPORT . A number of supporters write that neuropsychological
research has shown that half of all skiing deaths are caused
by a head injury and that injuries that are sustained without
a helmet are not only dangerous, but also pose significant
financial hardship for families and the State of California.
California Chapter of the American College of Emergency
Physicians writes that during the winter months, its members
see young patients with injuries resulting from ski and
snowboard accidents, many of which could be avoided if helmets
were to be used while skiing or snowboarding. The American
Academy of Pediatrics, California District states that this is
a reasonable bill that creates an incentive for minors to wear
safety helmets during participation in high risk sports. The
California Psychiatric Association states that providing
safety measures for skiing and snowboarding akin to those
currently existing for bicycling is a kind of common sense
that we attribute to such other forms of primary prevention as
a child car seats and good prenatal care.
5)OPPOSITION . Capitol Resource Family Impact writes that this
bill oversteps bounds of state government in usurping the
rights of the parent to make decisions for their children.
The opposition writes that not only are there not enough
resources to monitor who wears and doesn't wear a helmet but
also who will do the monitoring and who will hand out the
violation ticket.
6)RELATED LEGISLATION . AB 278 (Gaines) requires ski resorts to
prepare an annual safety plan and make it available to the
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public the same day a request is received at the resort. AB
278 is set to be heard in this Committee on June 14, 2011.
7)PREVIOUS LEGISLATION . Last year, SB 880 (Yee) contained
substantially similar provisions as this bill and AB 1652
(Jones) would have required ski resorts to prepare an annual
safety plan. SB 880 was chaptered, however its provisions
were contingent on the enactment of AB 1652, which was vetoed
by the governor.
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.
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.
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.
8)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)
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American Academy of Pediatrics, California District
American Federation of State, County and Municipal Employees,
AFL-CIO
Brain Injury Association of California
California Chapter of the American College of Emergency
Physicians
California Chiropractic Association
California Emergency Nurses Association
California Hospital Association
California Medical Association
California Nurses Association/National Nurses Organizing
Committee
California Psychiatric Association
California Psychological Association Division I Clinical and
Professional Practice
California Psychological Association of Graduate Students
California School Nurses Organization
California Ski and Snowboard Safety Organization
California Ski Industry Association
California Society of Industrial Medicine and Surgery
California Society of Physical Medicine and Rehabilitation
California Travel Association
Child Abuse Prevention Center
Children's Specialty Care Coalition
Consumer Attorneys of California
Contra Costa Psychological Association
Los Angeles County Psychological Association
Marin County Psychological Association
Monterey Bay Psychological Association
National Ski Areas Association
Occupational Therapy Association of California
Orange County Psychological Association
Redwood Psychological Association
Richmond Area Multi-Services, Inc.
San Diego Psychological Association
San Francisco Psychological Association
San Mateo County Psychological Association
Opposition
Capitol Resource Family Impact
Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
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