BILL ANALYSIS Ó
SB 105
Page 1
SENATE THIRD READING
SB 105 (Yee)
As Amended June 22, 2011
Majority vote
SENATE VOTE :32-6
HEALTH 13-0 JUDICIARY 8-2
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|Ayes:|Monning, Ammiano, Atkins, |Ayes:|Feuer, Wagner, Atkins, |
| |Bonilla, Eng, Gordon, | |Dickinson, Huber, |
| |Hayashi, | |Huffman, Monning, |
| |Roger Hernández, Bonnie | |Wieckowski |
| |Lowenthal, Mitchell, Pan, | | |
| |V. Manuel Pérez, Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Beth Gaines, Jones |
| | | | |
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APPROPRIATIONS 12-4
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|Ayes:|Fuentes, Blumenfield, |
| |Bradford, Charles |
| |Calderon, Campos, Gatto, |
| |Hall, Hill, Lara, |
| |Mitchell, Solorio, Wagner |
| | |
|-----+--------------------------|
|Nays:|Harkey, Donnelly, |
| |Nielsen, Norby |
| | |
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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
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct state fiscal impact. This bill contains no
specific enforcement or reporting requirements.
COMMENTS : 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 United States (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
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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.
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.
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.
Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
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FN: 0001535