BILL NUMBER: SB 880 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 12, 2010
INTRODUCED BY Senator Yee
( Coauthor: Senator Alquist
)
( Coauthors: Assembly Members
Buchanan and Torlakson )
JANUARY 12, 2010
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 880, 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
skies skis or a snowboard, or while
riding upon a seat or other device that is attached to the snow
skies skis or a snowboard. The bill
would provide for fines to be imposed for violations of this
prohibition. The bill would, however, require that the charge against
a person be dismissed if it is the first charge against that person
for a violation of this prohibition.
The bill would also require any snow sport safety helmet sold or
offered for sale to be conspicuously labeled in accordance with the
specified standards and would prohibit the sale or offer for sale of
any snow sport safety helmet which is not of a type meeting the
safety standards. Because this bill would create a new crime, it
would impose a state-mandated local program.
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.
SB 880, 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
skies skis or a snowboard, or while
riding upon a seat or other device that is attached to the snow
skies skis or a snowboard. The bill
would provide for fines to be imposed for violations of this
prohibition. The bill would, however, require that the charge against
a person be dismissed if it is the first charge against that person
for a violation of this prohibition.
The bill would also require any snow sport safety helmet sold or
offered for sale to be conspicuously labeled in accordance with the
specified standards and would prohibit the sale or offer for sale of
any snow sport safety helmet which is not of a type meeting the
safety standards. Because this bill would create a new crime, it
would impose a state-mandated local program.
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
skies skis or a snowboard 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 a person who rides upon a seat or any
other device that is attached to the snow skies
skis or snowboard.
(b) Any snow sport helmet sold or offered for sale for use by
operators of snow skies skis or a
snowboard shall be conspicuously labeled in accordance with the
standard described in subdivision (a) which shall constitute the
manufacturer's certification that the helmet conforms to the
applicable safety standards.
(c) No person shall sell, or offer for sale, for use by an
operator of snow skies skis or a
snowboard any safety helmet which is not of a type meeting
requirements established by this section.
(d) 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
subdivision, unless it is otherwise established in court that the
charge is not the first charge against the person.
(e) (1) Except as provided in subdivision (d), 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.
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.
____ CORRECTIONS Amending House--Line 1.
____
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
skies skis or a snowboard 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 a person who rides upon a seat or any
other device that is attached to the snow skies
skis or snowboard.
(b) Any snow sport helmet sold or offered for sale for use by
operators of snow skies skis or a
snowboard shall be conspicuously labeled in accordance with the
standard described in subdivision (a) which shall constitute the
manufacturer's certification that the helmet conforms to the
applicable safety standards.
(c) No person shall sell, or offer for sale, for use by an
operator of snow skies skis or a
snowboard any safety helmet which is not of a type meeting
requirements established by this section.
(d) 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
subdivision, unless it is otherwise established in court that the
charge is not the first charge against the person.
(e) (1) Except as provided in subdivision (d), 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.
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.
____ CORRECTIONS Amending House--Line 1.
____