BILL ANALYSIS
SB 880
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 880 (Yee) - As Amended: June 15, 2010
As Proposed to Be Amended
SENATE VOTE : 21-13
SUBJECT : PUBLIC SAFETY: SNOW SPORT HELMETS
KEY ISSUES :
1)SHOULD PERSONS UNDER 18 YEARS OF AGE PARTICIPATING IN DOWNHILL
SKIING OR SNOWBOARDING BE REQUIRED TO WEAR A PROPERLY FITTED
AND FASTENED SNOW SPORT HELMET, MEETING SPECIFIED STANDARDS,
OR FACE A $25 PENALTY FOR VIOLATION OF THIS REQUIREMENT?
2)SHOULD THESE PROVISIONS BE ENACTED CONTINGENT UPON ENACTMENT
OF AB 1652, WHICH REQUIRES SKI RESORTS TO PREPARE AND MAKE
AVAILABLE TO THE PUBLIC AN ANNUAL SAFETY PLAN AND MONTHLY
REPORTS, AS SPECIFIED?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
As proposed to be amended, this bill constitutes the most
significant step forward that the Legislature has taken in many
years to improve safety standards and practices at California's
ski resorts. This bill, with its companion bill AB 1652,
represents the culmination of several years of effort by leaders
on this issue from both houses to improve safety at ski resorts
and protect young skiers and snowboarders from suffering severe
injuries that could be prevented by use of a sport helmet. To
that end, this bill requires persons under 18 years of age
participating in downhill skiing or snowboarding to wear a
properly fitted and fastened snow sport helmet, meeting
specified standards, or face a $25 penalty for violation of this
requirement. This bill also requires ski resorts to provide
notice of this helmet requirement by posting signs at the resort
as well as including notice on all trail maps and resort
Internet websites. This bill does not increase or decrease any
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duties imposed under existing tort law. The California
Psychological Association, the sponsor of this bill, and other
supporters cite numerous research studies that they contend
demonstrate the protective effect that helmets have on reducing
the severity of injuries suffered by skiers and snowboarders.
As proposed to be amended, this bill includes contingent
enactment language stating that these provisions shall not
become operative unless AB 1652 (Jones) is also enacted into law
this session. AB 1652 is in the process of being amended to
require ski resorts to prepare an annual safety plan and make a
specified report about any fatal accidents available to the
public each month. It is the intent of both authors that the
two bills, SB 880 and AB 1652, represent a comprehensive,
jointly developed approach towards promoting ski safety in
California, and thus should be enacted together or neither
should be enacted. This bill enjoys broad support from numerous
associations of psychologists and other health providers, as
well as ski safety advocates. The position of the ski resort
industry is not known at this time, and there is no known
opposition to this bill.
SUMMARY : Seeks to require persons under 18 years of age to wear
a snow sport helmet when participating in downhill skiing or
snowboarding, as specified. 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 participating in
downhill skiing or snowboarding, unless that person is wearing
a properly fitted and fastened snow sport helmet that meets
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, unless it is otherwise established in court that
it is not the first charged violation against the person.
3)Makes the parent or legal guardian of an unemancipated minor
jointly and severally liable with the minor for any fine
imposed under this act.
4)Exempts Nordic skiing (i.e. cross-country) from these
provisions.
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5)Provides that this bill does not increase or decrease duties
imposed under existing law.
6)Requires a ski resort to post signs at the resort giving
reasonable notice of the helmet requirement and the potential
fine for violations, and further requires the ski resort to
provide prominent written notice of the helmet requirement on
all trail maps and resort Internet Web sites.
7)Provides for contingent enactment with AB 1652 (Jones), with
the intent that these provisions shall not become operative
unless AB 1652 (Jones) is also signed into law in the 2009-10
session.
EXISTING LAW :
1)Prohibits a person under 18 years of age from operating a
bicycle, a nonmotorized scooter, in-line or roller skates, or
a skateboard, nor 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. (Vehicle Code Section 21212 (a).)
2)Prohibits operators of skateboard parks from permitting any
person to ride a skateboard therein, unless the person is
wearing specified protective equipment, including a helmet.
Establishes that any recreational skateboard facility owned or
operated by a local public agency, that is not supervised on a
regular basis, can be deemed in compliance with the protective
equipment requirement by: 1) adoption of a local ordinance
requiring any person riding a skateboard at the facility to
wear protective equipment; and, 2) posting signs at the
facility alerting riders of the requirement to wear protective
equipment, and stating that any person failing to do so will
be subject to citation. (Health and Safety Code Section
115800.)
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3)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. (Penal
Code Section 602.8 (r).)
COMMENTS : As proposed to be amended, this bill constitutes the
most significant step forward that the Legislature has taken in
many years to improve safety standards and practices at
California's ski resorts. This bill, with its companion bill AB
1652, represents the culmination of several years of effort by
Senator Yee and Assemblymember Jones to improve safety at ski
resorts and protect skiers and snowboarders from suffering
severe injuries that may very well be preventable.
To that end, this bill requires persons under 18 years of age
participating in downhill skiing or snowboarding to wear a
properly fitted and fastened snow sport helmet, meeting
specified standards, or face a $25 penalty for violation of this
requirement. This bill also requires ski resorts to provide
notice of this helmet requirement by posting signs at the resort
as well as including notice on all trail maps and resort
Internet websites. As proposed to be amended, this bill
includes contingent enactment language stating that these
provisions shall not become operative unless AB 1652 (Jones) is
also enacted into law this session. AB 1652, as briefly
described below, would require ski resorts to prepare an annual
safety plan, as specified, and make available to the public each
month a report describing any fatal accidents that may have
occurred at the ski resort.
Author's Statement of Purpose. According to the author, this
bill is intended to decrease the number of serious injuries
resulting from skiing or snowboarding by requiring, for the
first time in California, that young participants of these
winter sports wear a helmet. The author states:
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. SB 880 can significantly reduce instances of
traumatic brain injury or death for such a vulnerable
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population.
Research Data Supporting the Need for Helmet Protection Among
Skiers and Snowboarders. The topic of head injury associated
with skiing and snowboarding has been the subject of several
epidemiological and neuropsychological studies in recent years.
In January 1999, the U.S. Consumer Product Safety Commission
(CPSC) released a report on an investigational study of skiing-
and snowboarding-related head and neck injuries, in an attempt
to determine whether helmets would have prevented or reduced the
severity of injuries. They note that head injuries account for
14 percent of skiing and snowboarding accidents, as well as 56
percent of related deaths. Falls were the leading cause of head
and neck injuries, when individuals either hit a surface (48
percent) or hit their ski equipment (21 percent). About
two-thirds of the falls to a surface resulted in injuries to
parts of the head which were identified as addressable by use of
a helmet. Overall, the study indicated that 44 percent of head
injuries, an estimated 7,700 injuries annually, could be
addressed by helmet use. The study also showed that for
children under 15 years of age, 53 percent of head injuries
(approximately 2,600 of the 4,950 head injuries annually) are
addressable by use of a helmet.
One recent study cited by the author found that helmets may
reduce the risk of head injuries in skiers and snowboarders by
29% to 56%. ("Effectiveness of Helmets in Skiers and
Snowboarders: Case-Control and Case Crossover Study," Hagel,
Pless, et al., 2005.) The author also points to research
showing that helmet use for skiers and snowboarders under the
age of 13 reduces the incidence of head injury requiring
investigation and/or treatment. ("Effect of Helmet Wear on the
Incidence of Head/face and Cervical Spine Injuries in Young
Skiers and Snowboarders," Macnab, Smith, et al.)
The author also asserts that head injuries sustained without a
helmet are not only dangerous, but 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 for patients with
mild traumatic brain injury to $82 million for those with severe
traumatic brain injury (TBI). Annual lifetime care costs per
individual, excluding first year costs, range from $329,000 for
mild TBI to $8.96 million for severe TBI.
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Previous Informational Hearing by this Committee. In November
2008, the Assembly Judiciary Committee held an informational
hearing on "Ski and Snowboard Health, Safety and Liability
Standards." At that hearing, the Committee reviewed testimony
that, unlike most states with major ski resorts, the ski
industry in California reportedly lacks uniform safety policies,
procedures and signage requirements. The Committee also heard
testimony that California would benefit from enactment of its
first ski safety statute, especially one that established ski
and snowboard safety standards and provided for increased
oversight and certain information to be made available to the
public.
As proposed to be amended, enactment of this bill is contingent
upon enactment of AB 1652 (Jones). As proposed to be amended,
the bill states that its provisions shall not become operative
unless AB 1652 (Jones) is also signed into law in the 2009-10
session. AB 1652 is currently set to be heard by the Senate
Health Committee on June 30, 2010, but, according to its author,
will be amended before that date to require California ski
resorts to: (1) prepare an annual safety plan that conforms with
the requirements of federal regulations applicable to ski
resorts operating on federal property, and make the safety plan
available to the public upon request; (2) make available to the
public a monthly report containing specified information about
fatal accidents occurring on ski resort property; (3) establish
a standardized signage policy used to indicate a ski area
boundary, hazard, or other safety information; and (4) establish
a policy for standardized safety padding or other barriers for
all lift towers and fixed snowmaking equipment located on or
near groomed ski runs.
It is the intent of both authors that the two bills, SB 880 and
AB 1652, represent a comprehensive, jointly developed approach
towards promoting ski safety in California, and thus should be
enacted together or neither should be enacted.
Liability standards remain unchanged by this bill. The
California ski industry enjoys legal liability protection
through a common law doctrine of "assumption of risk" as well as
contractual negligence waivers included on ski pass purchase
agreements. As a result of these protections, ski resorts have
limited exposure to legal liability. This bill expressly
provides that none of its provisions shall be construed to
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increase or decrease duties imposed under existing law,
including the duty of care that applies to ski resorts under
tort law.
ARGUMENTS IN SUPPORT : The bill is supported by numerous
associations of psychologists, nurses, and chiropractors who in
their respective practices report seeing patients who have
suffered serious injuries while snowboarding or skiing without
using a helmet. The psychological associations report
neuropsychological research findings (cited above) that indicate
helmets protect against more severe injuries and are associated
with a quicker return to pre-accident functioning among injured
patients. These medical professionals support this bill
because, generally speaking, they believe it has the potential
to prevent some of the traumatic head and muscular injuries that
these professionals treat each winter during peak skiing and
snowboarding seasons.
PREVIOUS LEGISLATION : 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 was held
on suspense in the Assembly Appropriations Committee.
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.
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.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Psychological Association (sponsor)
Alameda County Psychological Association
American Academy of Pediatrics
American Board of Trial Advocates
American College of Emergency Physicians
American Psychological Association - Division One "Clinical and
Professional Practice"
Association of California Insurance Companies
California Brain Injury Association
California Children's Hospital Association
California Chiropractic Association
California Emergency Nurses Association
California Hospital Association
California Medical Association
California Nurses Association
California School Nurses Organization
California Ski and Snowboard Safety Organization
California Society of Physical Medicine and Rehabilitation
California Psychiatric Association
California Travel Industry Association
Central Coast Center for Independent Living
Children's Advocacy Institute
Children's Hospital and Research Center Oakland
Children's Specialty Care Coalition
Contra Costa Psychological Association
Los Angeles County psychological Association
Marin County Psychological Association
Monterey Bay Psychological Association
National Academy of Neuropsychology
National Ski Areas Association
Occupational Therapy Association of California
Orange County Psychological Association
Pacific Cascade Psychological Association
Redwood Psychological Association
Richmond Area Multi-Services, Inc.
Sacramento Valley Psychological Association
San Gabriel Valley Psychological Association
Santa Clara County Psychological Association
San Diego Psychological Association
San Joaquin Psychological Association
San Francisco Psychological Association
EDITORIAL: Santa Rosa Press Democrat
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Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334