BILL NUMBER: SB 880 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 7, 2010
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
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
provide for fines to be imposed for violations of this
prohibition impose a $25 fine for a violation of this
requirement . The bill would, however, require
provide 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. requirement. 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 notice prominently in writing of the
snow sport helmet requirement on all lift tickets, 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 a
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 snow sport helmet sold or offered for sale for use by
operators of snow 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 skis or a snowboard any safety helmet which is not
of a type meeting requirements established by this section.
(d)
(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 subdivision section , unless it is
otherwise established in court that the charge is not the first
charge against the person.
(e)
(c) (1) Except as provided in subdivision (d)
(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.
(f)
(d) This section shall not apply to Nordic skiing.
(g)
(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 notice prominently in writing of the helmet
requirement under Section 115810 on all lift tickets, 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.