BILL ANALYSIS �
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THIRD READING
Bill No: SB 564
Author: Monning (D)
Amended: 4/16/13
Vote: 21
SENATE HEALTH COMMITTEE : 7-2, 4/24/13
AYES: Hernandez, Beall, De Le�n, DeSaulnier, Monning, Pavley,
Wolk
NOES: Anderson, Nielsen
SENATE JUDICIARY COMMITTEE : 5-1, 5/7/13
AYES: Evans, Corbett, Jackson, Leno, Monning
NOES: Anderson
NO VOTE RECORDED: Walters
SUBJECT : Ski resorts: safety plans: accident reports
SOURCE : California Ski and Snowboard Safety Organization
DIGEST : This bill requires ski resorts to prepare an annual
safety plan, as specified, and to make it available to the
public at the ski resort, upon request, the same day the request
is received. Requires the ski resort to make available to the
public, a monthly report containing specified information on
known fatal incidents at the resort that resulted from a
recreational activity within 30 days of receiving a request.
ANALYSIS :
Existing law:
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1. Provides that the federal Secretary of Agriculture is
authorized to issue permits for the use and occupancy of
lands within the United States National Forest System
(National Forest System) for Nordic and alpine skiing
operations and purposes.
2. Establishes the Ski Area Recreational Opportunity Enhancement
Act of 2011 which permits on National Forest System lands
additional snow sports as well as year-round activities, as
defined.
3. Provides that every person who, as specified, 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.
4. Specifies the requirements for obtaining a license for and
the operation of passenger aerial tramway at ski resorts and
requires the Division of Occupational Safety and Health
(Cal/OSHA) to conduct inspections of aerial tramways
biannually.
5. Requires the reporting of any fatality or injury of a patron
requiring more than standard first aid by an operator of
amusement rides to Cal/OSHA.
6. Provides that everyone is responsible, not only for the
result of his/her willful act, but also for an injury to
another caused by his/her lack of ordinary care or skill in
the management of his/her property or person, except so far
as the latter has, willfully or from lack of ordinary care,
brought the injury upon himself/herself.
7. Permits the assumption of risk doctrine to be raised as a
defense to the general rule that if a person injures another,
the person may be held liable for the other's injuries. The
defense "rests upon the plaintiff's consent to relieve the
defendant of an obligation of conduct toward him/her, and to
take his/her chances of harm from a particular risk."
This bill:
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1. Requires ski resorts operating in California to do the
following:
A. Prepare an annual safety plan that conforms with
federal requirements applicable to ski resorts operating
on federal property;
B. Make the annual safety plan available to the public at
the ski resort, upon request, the same day the request is
received;
C. Make available to the public, within 30 days of receipt
of a request, a monthly report containing, if known:
(i) A description of each incident resulting in a
fatality which occurred on the ski resort property and
resulted from a recreational activity, such as skiing,
snowboarding, and sledding, that the resort is designed
to provide; and,
(ii) The age of each person fatally injured in an
incident identified in i) above, the type of
recreational activity involved, the cause of the
fatality, the location at the resort where the incident
occurred, and the name of any facility where medical
treatment was provided. Prohibits the report from
identifying a deceased person by name or address.
2. Prohibits anything in this bill from being construed to
change the existing assumption of risk doctrine as it applies
to ski resorts.
Background
California ski industry and assumption of risk . According to
the California Ski Industries Association (CSIA), California has
the second largest ski market in the country only behind
Colorado. The state hosts an extensive recreational nordic and
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alpine skiing and snowboarding industry, with approximately 25
resorts drawing skiers and snowboarders from all over the world
every year.
The California ski industry enjoys legal liability protection
through a common law doctrine of "assumed 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.
California law also provides certain affirmative defense to
liability, however, where there has been contributory negligence
or an assumption of risk on the part of the person inured.
Essential elements of the defense of assumption of risk are (1)
whether there has been a voluntary acceptance of risk and (2)
whether such acceptance, either express or implied, has been
made with knowledge and appreciation of risk. Under the
doctrine of primary assumption of risk, which is most frequently
applied to sports, a plaintiff is completely barred from
recovering damages from a defendant where the defendant does not
owe the plaintiff any duty to protect the plaintiff from a
particular risk of harm and the plaintiff assumes that risk.
Prior legislation
SB 278 (Gaines, 2011) was similar to this bill and would have
required ski resorts to prepare an annual safety plan and make
it available to the public the same day a request was received
at the resort. SB 278 also would have required a monthly report
with specified details about any fatal incidents at the resort
which resulted from a recreational activity to be available
within 30 days at the resort, and would have required a ski
resort to establish a signage policy and a safety padding
policy. SB 278 was vetoed by Governor Brown.
SB 1652 (Jones, 2010) was similar to this bill and would have
required ski resorts to prepare an annual safety plan, make the
safety plan available to the public upon 30 days of receipt of a
request, and make available to the public, within 30 days of
receipt of a request, a monthly report with specified details
about any fatal incidents at the resort which resulted from a
recreational activity. SB 1652 also would have required a ski
resort to establish signage policy and safety padding policy for
the resort. SB 1652 was vetoed by Governor Schwarzenegger.
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SB 880 (Yee, Chapter 278, Statutes of 2010) 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 imposes a fine of $25 for a
violation of this requirement.
AB 990 (Jones, 2009) would have required ski resorts to prepare
and file an annual safety report with Cal/OSHA and to report to
Cal/OSHA 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.
SB 284 (Cox, 2009) would have required Cal/OSHA to utilize the
most current safety standards when inspecting aerial passenger
tramways operated at ski resorts. SB 284 also would have
requires ski resorts to file an annual safety plan with the
division, make the safety plan available on demand, report to
the division within 24 hours any fatalities involving patrons at
the resort, and standardize safety signage and equipment. SB 284
was set for a hearing in the Senate Labor and Industrial
Relations Committee, but the hearing was canceled at the request
of the author.
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 also would have
required ski areas that post signs to use the signs adopted by
the Commission. This bill failed passage in the Senate
Appropriations Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/9/13)
California Ski and Snowboard Safety Organization (source)
American Nurses Association\California
California Chapter of the American College of Emergency
Physicians
California Chiropractic Association
California Medical Association
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Traumatic Brain Injury Services of California
OPPOSITION : (Verified 5/9/13)
Association of Professional Patrollers
Civil Justice Association of California
Dodge Ridge Ski Area
Granlibakken Management Company
Homewood Mountain Resort
Lake Tahoe South Shore Chamber of Commerce
Mammoth Mountain Ski Area
Mountain High Resort
National Ski Areas Association
National Ski Patrol, Inc.
North Lake Tahoe Chamber/CVB/Resort Association
Snow Summit Ski Corporation
Snow Valley Mountain Resort
South Tahoe Association of REALTORS
Tahoe Donner
ARGUMENTS IN SUPPORT : The California Ski and Snowboard Safety
Organization (CSSSO), the sponsors of this bill, write in
support that because skiing and snowboarding are inherently
dangerous activities, safety should always be a top priority.
CSSSO maintains that individuals and families have a right to be
informed about the hazards and risks that exist prior to
selecting a ski resort. Accordingly, California ski resorts
should make reasonable efforts to prevent and reduce the number
of accidents and injuries without fundamentally altering the
enjoyment of the sport. This bill, CSSSO argues, calls for
practical precautions for safety to improve the safety of ski
patrons and employees.
ARGUMENTS IN OPPOSITION : The Civil Justice Association of
California wrote regarding a previous version of this bill that
although this bill states that it cannot be construed to change
the assumption of risk doctrine as it applies to ski resorts,
the substance of the bill contains unjustified litigation traps
that will have the effect of increasing unwarranted litigation
against ski resorts.
JL:d 5/9/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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