BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 880
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          SENATE THIRD READING
          SB 880 (Yee)
          As Amended  August 12, 2010
          Majority vote

           SENATE VOTE  :21-13  
           
           HEALTH              14-4        JUDICIARY           7-2         
           
           ----------------------------------------------------------------- 
          |Ayes:|Monning, Fletcher,        |Ayes:|Feuer, Brownley, Evans,   |
          |     |Ammiano, Carter, De La    |     |Huffman, Jones, Monning,  |
          |     |Torre, De Leon, Eng,      |     |Saldana                   |
          |     |Hayashi, Hernandez,       |     |                          |
          |     |Jones, Bonnie Lowenthal,  |     |                          |
          |     |Nava, V. Manuel Perez,    |     |                          |
          |     |Salas                     |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Gaines, Smyth, Audra      |Nays:|Tran, Knight              |
          |     |Strickland, Gilmore       |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      12-5                                        
               
           -------------------------------- 
          |Ayes:|Fuentes, Bradford,        |
          |     |Charles Calderon, Coto,   |
          |     |Davis, De Leon, Gatto,    |
          |     |Hall, Skinner, Solorio,   |
          |     |Torlakson, Torrico        |
          |     |                          |
          |-----+--------------------------|
          |Nays:|Conway, Harkey, Miller,   |
          |     |Nielsen, Norby            |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Requires any 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  








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            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 maps, and resort  
            Internet Web sites.
          7)States that this bill shall become operative only if Assembly  
            Bill 1652 (Jones) of 2009-10 Regular Session is also enacted.   


           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee this bill contains no specific enforcement or  
          reporting requirements.  Therefore no direct fiscal impact is  
          created by this bill. 

           COMMENTS  :  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 Consumer Product Safety  
          Commission (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  








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          injury or death for such a vulnerable population.


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


                                                                FN: 0005884