BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 994
                                                                  Page  1

          Date of Hearing:   June 4, 2002

                           ASSEMBLY COMMITTEE ON JUDICIARY
                               Ellen M. Corbett, Chair
                   SB 994 (Morrow) - As Amended:  January 23, 2002

                    (PROPOSED CONSENT) As Proposed to Be Amended

           SENATE VOTE  :   34-1
           
          SUBJECT  :   LIABILITY: PUBLIC SKATEBOARD PARKS

           KEY ISSUE  :  SHOULD THE SUNSET DATE OF EXISTING LAW WHICH  
          PROVIDES THAT SKATEBOARDING IS A "HAZARDOUS RECREATIONAL  
          ACTIVITY" FOR WHICH PUBLIC ENTITIES AND THEIR EMPLOYEES ENJOY A  
          QUALIFIED IMMUNITY FROM LIABILITY BE EXTENDED UNTIL JANUARY 1,  
          2008?

                                      SYNOPSIS
          
          This bill, sponsored by the City of Laguna Hills, extends the  
          sunset date of existing law protecting public entities and  
          public employees from liability for skateboarding injuries  
          sustained by persons 14 years old or older at public skateboard  
          parks until January 1, 2008.  Numerous cities and skateboard  
          manufacturers support the measure, arguing that extension of  
          existing law's protections would continue to keep the costs  
          associated with owning and operating public skateboard parks  
          from becoming unmanageable and would provide public entities  
          with better protection against tort claims than they would  
          otherwise have. 

           SUMMARY  :   Seeks to extend existing law relating to liability  
          for skateboarding injuries sustained at public skateboard parks.  
           Specifically,  this bill  :   

          1)Extends the sunset date of existing law protecting public  
            entities and public employees from liability for skateboarding  
            injuries sustained by persons 14 years old or older at public  
            skateboard parks until January 1, 2008.

          2)Requires the Judicial Council to submit a report to the  
            Legislature on or before March 31, 2007 on the incidences of  
            injuries incurred, claims asserted, and the results of any  
            lawsuit filed by persons injured while skateboarding in public  








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            skateboard parks or facilities. 

          3)Provides that nothing in the bill is intended to abrogate or  
            limit any other legal rights, defenses or immunities that may  
            otherwise be available at law.
           
           EXISTING LAW  : 

          1)Provides that public entities and public employees are not  
            liable for any damage or injury arising out of a hazardous  
            recreational activity to any person who participates in the  
            activity, including any person who assists the participant, or  
            to any spectator who knew or reasonably should have known that  
            the hazardous recreational activity created a substantial risk  
            of injury to himself or herself and was voluntarily in the  
            place of risk.  (Government Code section 831.7.)

          2)Defines a hazardous recreational activity as a recreational  
            activity conducted on the property of a public entity which  
            creates a substantial risk of injury to a participant or  
            spectator.  Certain activities are specifically designated as  
            hazardous recreational activities including, among other  
            things, a) animal riding; b) bicycle racing or jumping; c)  
            mountain bicycling; d) off-road motorcycling or four-wheel  
            driving of any kind; e) motorized vehicle racing; f) tree  
            climbing; g) surfing; and h) diving from places other than a  
            diving board.  (  Id.  )

          3)Includes, until January 1, 2003, skateboarding at a public  
            skateboard park that is owned or operated by a public entity  
            as a hazardous recreational activity under the following  
            circumstances:

             a)   The person skateboarding is 14 years old or older; 

             b)   The skateboarding activity that caused the injury was  
               stunt, trick, or luge skateboarding; and

             c)   The skateboard park is on public property, as specified.  
                (Health and Safety Code section 115800.)  

          4)Requires local public agencies to maintain a record of all  
            known or reported injuries incurred by skateboarders at a  
            public skateboard park or facility, claims asserted and  
            lawsuits filed.  Existing law requires public agencies to file  








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            those records annually with the Judicial Council, which is  
            required to submit a report to the Legislature on or after  
            March 31, 2000 on the incidences of injuries incurred, claims  
            asserted, and the results of any lawsuit filed by persons  
            injured while skateboarding at a public skateboard park.   
            These provisions sunset on January 1, 2003.  (  Id.  )

           FISCAL EFFECT  :   The bill as currently in print is keyed  
          non-fiscal.

           COMMENTS  :   This bill, sponsored by the City of Laguna Hills,  
          extends the sunset date of existing law protecting public  
          entities and public employees from liability for skateboarding  
          injuries sustained by persons 14 years old or older at public  
          skateboard parks until January 1, 2008.  The bill also requires  
          the Judicial Council to submit a report to the Legislature on or  
          before March 31, 2007 on the incidences of injuries incurred,  
          claims asserted, and the results of any lawsuit filed by persons  
          injured while skateboarding in public skateboard parks or  
          facilities.

           Background.   AB 1296 (Morrow), Chapter 573, Statutes of 1997,  
          added skateboarding at a public skateboard park to the list of  
          hazardous recreational activities for which public entities and  
          public employees enjoy a qualified immunity from liability.  AB  
          1296, which applied to skateboarding by persons 14 years of age  
          or older, is scheduled to sunset on January 1, 2003.  After that  
          date, the protections provided by the statute to public  
          skateboard parks will expire.  This bill extends the sunset date  
          to January 1, 2008.

           Judicial Council Report on skateboarding injuries.   As required  
          by AB 1296, the Judicial Council on March 1, 2001 reported the  
          following facts regarding skateboarding at public skateboard  
          facilities and parks to the Legislature: (1) A total of 16  
          injury accidents for year 2000 were reported by three cities and  
          10 injury accidents for 1999 by another city; and (2) No claims  
          were filed as a result of those injury accidents, and no  
          lawsuits were filed.

           Author's Amendment.   In order to clarify that existing law's  
          provision providing immunity from liability for public entities  
          and employees for skateboarding injuries sustained by persons 14  
          years old or older at public skateboard parks does not diminish  
          or limit any other legal rights, defenses or immunities that may  








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          otherwise be available.  As a result, the author would like to  
          amend the bill as follows:

          On page 3, line 24, after "Code." add:

          However, nothing in this section is intended to abrogate or  
          limit any other legal rights, defenses or immunities that may  
          otherwise be available at law. 

           ARGUMENTS IN SUPPORT  :  The City of La Mesa supports the measure,  
          writing that the bill "would continue to keep the costs  
          associated with owning and operating public skateboard parks  
          from becoming unmanageable and would continue to give youths  
          access to one of the most popular sports in America today."

          In support, the Mayor of the City of Chico states:

               Another important aspect of this bill is the  
               requirement that public agencies having skateboard  
               parks annually report to the Judicial Council regarding  
               the number of injuries reported, and the number of  
               claims and lawsuits filed, resulting from the operation  
               of such parks.  This process will provide important  
               information which will assist in future legislative  
               determinations as to whether additional skateboard park  
               liability protection is needed.   It takes very little  
               effort and minimal costs to compile and submit this  
               report, and the requirement should continue to be  
               included in the bill.

          The California Association of Joint Powers Authorities (CAJPA)  
          also supports the measure, stating:

               Fundamentally, CAJPA believes that few recreational  
               activities can be more accurately described as "hazardous  
               recreational activities" than skateboarding - especially at  
               a park that is designed to provide obstacles and thrills  
               for the participants.  Thus, we think that the general  
               definition of "hazardous recreational activity" applies to  
               participants in this sort of activity.  Similarly, we  
               believe that the doctrine of assumption of the risk applies  
               to those who choose to engage in this sort of activity that  
               is likely to result in injury.  Nonetheless, because there  
               was no case law specifically applying these principles to  
               skateboard parks, it was the establishment of a specific  








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               statutory immunity that spurred public entities to  
               construct these facilities.  Thus, continuation of the  
               statutory immunity provides a tangible value to those who  
               wish to engage in this type of recreational activity.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 

           City of Laguna Hills (sponsor)
          California Joint Powers Insurance Authority
          California State Association of Counties
          City of Arcadia
          City of Bellflower
          City of Camarillo
          City of Carlsbad
          City of Chico
          City of Chino Hills
          City of Claremont
          City of Commerce
          City of Concord
          City of Coronado
          City of Culver City
          City of Diamond Bar
          City of Duarte
          City of Fairfield
          City of Fountain Valley
          City of Imperial
          City of La Mesa
          City of Laguna Niguel
          City of Lake Forest
          City of Lawndale
          City of Lompoc
          City of Los Angeles
          City of Merced
          City of Moreno Valley
          City of National City
          City of Ojai
          City of Palm Desert
          City of Paramount
          City of Rolling Hills Estates
          City of Sacramento
          City of San Dimas
          City of San Marcos
          City of Santa Barbara








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          City of Sebastopol
          City of Stockton
          City of Visalia
          City of Vista
          City of Whittier
          Civil Justice Association of California
          Independent Cities Association
          League of California Cities
          League of California Cities, Orange County Division
          Mayor of the City of Chico
          Town of Apple Valley
          Town of Windsor 
          Numerous manufacturers, distributors, and retailers of  
          skateboard products
          Several individuals

          Opposition 
           
          None on file

           Analysis Prepared by :    Saskia Kim / JUD. / (916) 319-2334