BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 1652
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1652 (Jones)
          As Amended August 9, 2010
          Majority vote
           
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          |ASSEMBLY:  |     |(June 1, 2010)  |SENATE: |24-12|(August 23,    |
          |           |     |                |        |     |2010)          |
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                    (vote not relevant)

          Original Committee Reference:    L. & E. 

          SUMMARY  :  Imposes specified requirements on ski resorts that  
          operate in California.  

           The Senate amendments  delete the Assembly approved version of  
          this bill and instead: 

          1)Require a ski resort that operates in California to do all of  
            the following:  

             a)   Prepare an annual safety plan that conforms with the  
               requirements of federal regulations for ski resorts  
               operating on federal property; 

             b)   Make the annual safety plan available to the public at  
               the resort, upon request; within 30 days of receipt of such  
               request; and,  

             c)   Make available to the public, within 30 days of receipt  
               of a request, a monthly report containing the following  
               information, if known:

               i)     A description of each incident resulting in a  
                 fatality which occurred on the ski resort property and  
                 resulted from a recreational activity, such as skiing,  
                 snowboarding, and sledding, that the resort is designed  
                 to provide; 

               ii)    The age of each person fatally injured in an  
                 incident, as specified, type of recreational activity  
                 involved, cause of the fatality, location at the resort  
                 where the incident occurred, and name of any facility  








                                                                           
           AB 1652
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                 where medical treatment was provided; and,  

               iii)   States that the report shall not identify a deceased  
                 person by name or address.  

             d)   Establish its own signage policy used to indicate the  
               ski area boundaries, closed areas, relative degree of slope  
               difficulty, and other safety and educational information. 

             e)   Establish its own policy for safety padding or other  
               barriers for lift towers and fixed snowmaking equipment  
               located on or in close proximity to groomed ski runs. 

          2)Makes enactment conditional on enactment of SB 880 (Yee).  

           EXISTING LAW  :  

          1)Specifies the requirements, among other things, for obtaining  
            a license for and the operation of passenger aerial tramway at  
            ski resorts and requires the Department of Occupational Health  
            and Safety (DOSH) to conduct inspections of aerial tramways  
            biannually.

          2)Provides that every person who, among other things, willfully  
            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.

          3)Requires the reporting of any fatality or injury of a patron  
            requiring more than standard first aid by an operator of  
            amusement rides to the DOSH.

          4)Prohibits a person under 18 years of age from operating a  
            bicycle, a nonmotorized scooter, in-line or roller skates, or  
            a skateboard, nor ride 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 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.








                                                                           
           AB 1652
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          5)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.  

           AS PASSED BY THE ASSEMBLY  , this bill required ski resorts to  
          prepare an annual safety plan and create a monthly summary  
          report stating the number of deaths and injuries at the resort.   
          Required 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.

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the author, there are currently no  
          requirements concerning posting of signs related to ski slope  
          conditions, boundary warnings, or known hazards.  Also,  
          consumers are unable to obtain information about overall death  
          and injury statistics or the relative safety performance of  
          individual ski resorts because data is only aggregated  
          nationally by the National Ski Area Association.  


           Analysis Prepared by  :    Martin Radosevich / HEALTH / (916)  
          319-2097 



          FN: 0005796