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 SB 994 Page 2 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 SB 994 Page 3 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 SB 994 Page 4 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 SB 994 Page 5 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 SB 994 Page 6 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