Getty ImagesNew legislation might make helmets mandatory at California resorts. Is that really the best idea?

This seems to be the season of the concussion. First Kevin Pearce's widely publicized halfpipe slam and subsequent hospitalization, then Olympic Gold Medalist Torah Bright's multiple Winter X Games concussions. Now, the state of California is considering two laws that would require all skiers and snowboarders under the age of 18 to wear a helmet.

Helmets are no new thing in the sport. They were popularized a while back by young halfpipe riders like Abe Teter, made "cool" by Superpipe star Shaun White, and are now even required for entrance into top-tier terrain parks, like Whistler Blackcomb's "Highest Level" area. Anyone that's been on the slopes for a few years now will agree that helmet use is on the rise. And this is more than mere observation, as a National Ski Areas Association survey reports 48 percent of all skiers and snowboarders wore helmets during the 2007-08 season; compared to 25 percent during the 2002- 2003 season.

One of the two helmet laws being proposed would make resorts responsible for enforcement. And while only a numbskull would argue that helmets are a bad idea, this stipulation is ruffling some feathers. Confirming that everyone who drops into a terrain park has a helmet on is one thing, but trying to enforce the proposed law across an entire resort is a task that critics say is basically impossible, and one that opens resorts to litigation.

That is the heart of the issue -- we cannot be policemen.

"That is the heart of the issue -- we cannot be policemen," says Bob Roberts, the Executive Director of the California Ski Area Association, who added that the law in question would "open up endless opportunities for litigation."

Roberts and the CSAA are backing a separate helmet measure, Senate Bill 80, which places the responsibility of enforcement on the parent.

"The statue that we are supporting is the same statute that is in place for skateboard helmets as well as bicycling helmets. It does not mandate enforcement on the part of a private establishment. If there was an injury, it would be the responsibility of the individual, and not the resort."

Senate Bill 80 is up for Senate hearing on April 7th, and then would be off to the Governator's desk. The counterpart bill that places helmet enforcement on ski resorts is much further behind in legislative process and likely won't get to the Senate till next fall.

Roberts' prediction: Well, Schwarzenegger is an Austrian -- where the responsibility of skier safety falls largely on the individual -- and an avid skier, so he suspects the Governor will support Senate Bill 80.