Bill Text: CA SB278 | 2011-2012 | Regular Session | Enrolled

---

Bill Title: Public safety: ski resorts.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2012-02-02 - Consideration of Governor's veto stricken from file. [SB278 Detail]

Download: California-2011-SB278-Enrolled.html

---

BILL NUMBER: SB 278	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 5, 2011
	PASSED THE ASSEMBLY  JUNE 27, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator Gaines
   (Coauthor: Assembly Member Dickinson)

                        FEBRUARY 14, 2011

   An act to add Article 4 (commencing with Section 115815) to
Chapter 4 of Part 10 of Division 104 of the Health and Safety Code,
relating to public safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 278, Gaines. Public safety: ski resorts.
   Existing law imposes regulations on certain facilities that are
used for recreational activities, including, among others, skateboard
parks and public swimming pools.
   This bill would require a ski resort to prepare an annual safety
plan and, upon request, make the safety plan available to the public
the same day the request is received. The bill would also require a
ski resort to 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. The bill would also require a ski resort to establish its
own signage policy and its own safety padding policy for the resort.
   The bill would specify that nothing in the above-described
provisions shall be construed to change the existing assumption of
risk doctrine as it applies to ski resorts.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 4 (commencing with Section 115815) is added to
Chapter 4 of Part 10 of Division 104 of the Health and Safety Code,
to read:

      Article 4.  Ski Resorts


   115815.  A ski resort that operates in California shall do all of
the following:
   (a) Prepare an annual safety plan that conforms with the
requirements of federal regulations 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 the following information, if
known:
   (1) 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.
   (2) The age of each person fatally injured in an incident
identified in paragraph (1), 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. The report shall not identify a deceased
person by name or address.
   (d) Establish its own signage policy used to indicate the ski area
boundaries, closed areas, relative degree of slope difficulty, and
other safety and educational information.
   (e) Establish its own policy for safety padding or other barriers
for lift towers and fixed snowmaking equipment located on or in close
proximity to groomed ski runs.
   (f) Nothing in this article shall be construed to change the
existing assumption of risk doctrine as it applies to ski resorts.