BILL ANALYSIS
SB 880
Page 1
Date of Hearing: June 22, 2010
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
SB 880 (Yee) - As Amended: June 15, 2010
SENATE VOTE : 21-13
SUBJECT : Public safety: Snow sport helmets.
SUMMARY : Requires a person under 18 years of age to wear a
properly fitted and fastened snow sport helmet, that meets
specified standards, while downhill skiing or snowboarding, or
while riding upon a seat or other device that is attached and
would impose a fine of $25 for a violation of this requirement.
Specifically, this bill :
1)Prohibits persons under 18 years of age from operating snow
skies or a snowboard, or from riding upon a seat or device
attached to snow skies or a snowboard, while downhill skiing
or snowboarding, without a properly fitted and fastened snow
sport helmet meeting specified standards.
2)Establishes a fine of $25 for any violation of this bill.
Dismisses charges against a person for violating this bill, if
the person alleges in court under oath that this is their
first charge.
3)Makes the parent or legal guardian of an unemancipated minor
jointly and severally liable with the minor for the fine.
4)Exempts Nordic skiing (i.e. cross-country) from these
provisions.
5)Provides that this bill does not increase or decrease duties
imposed under existing law.
6)Requires ski resorts to post signs at the resort giving
reasonable notice of specified helmet provisions and provide
notice of the requirement on all trail map, and resort
Internet Web sites.
EXISTING LAW :
1)Provides that every person who, among other things, willfully
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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.
2)Prohibits a person under 18 years of age from operating a
bicycle, a nonmotorized scooter, in-line or roller skates, or
a skateboard, or riding 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 (CPSC) 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.
3)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.
FISCAL EFFECT : According to the Senate Appropriations Committee
Analysis, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)PURPOSE OF THIS BILL : The author states that California's ski
slopes are perhaps the last area of recreation that lacks
basic safety standards in place for children. Despite
repeated warnings from public health experts, professional
athletes, and ski resorts, each winter brings news of hundreds
of unnecessary tragedies for the failure to wear a helmet.
The 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
(approximately 2,600 of the 4,950 head injuries annually) are
addressable by use of a helmet. The author states that this
bill can significantly reduce instances of traumatic brain
injury or death for such a vulnerable population.
2)SKI AND SNOWBOARD ACCIDENT STATISTICS . According to "Skiing
Trauma and Safety: Sixteenth Volume," accidents claimed the
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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 37.1 people have died skiing or snowboarding per
year on average.
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)ARGUMENTS IN SUPPORT . According to the sponsor, the
California Psychological Association, research shows that over
half of head injuries for children under 15 years of age are
addressable by use of helmet and that helmet use reduces the
incidence of traumatic brain injury by 29 to 56%.
Observations on acute rehabilitation units for patients with
brain injuries demonstrate that individuals who wore helmets
during their accidents had less severe injuries, were
discharged earlier, and were more likely to return to
pre-accident levels of functioning.
5)RELATED LEGISLATION . AB 1652 (Jones) would require ski
resorts to prepare an annual safety plan and create a monthly
summary report stating the number of deaths and injuries at
the resort. Additionally this bill would require 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. AB 1652 is set to be
heard in Senate Health Committee on June 30, 2010.
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6)PREVIOUS LEGISLATION :
a) 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.
b) 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.
c) 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.
7)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)
American Board of Trial Advocates
American Psychological Association - Division of Clinical
Neuropsychology
Association of California Insurance Companies
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California Brain Injury Association
California Chapter of the American College of Emergency
Physicians
California Children's Hospital Association
California Chiropractic Association
California Emergency Nurses Association
California Hospital Association
California Medical Association
California Nurses Association/National Nurses Organizing
Committee
California School Nurses Organization
California Ski Industry Association
California Society of Physical Medicine and Rehabilitation
California Psychiatric Association
California Travel Industry Association
Children's Advocacy Institute
Children's Hospital and Research Center Oakland
Children's Specialty Care Coalition
National Academy of Neuropsychology
Occupational Therapy Association of California
Orange County Psychological Association
Richmond Area Multi-Services, Inc.
San Francisco Psychological Association
Opposition
None on file.
Analysis Prepared by : Martin Radosevich / HEALTH / (916)
319-2097