BILL NUMBER: SB 1179 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 14, 2006
PASSED THE SENATE JUNE 1, 2006
AMENDED IN SENATE MAY 16, 2006
AMENDED IN SENATE APRIL 26, 2006
INTRODUCED BY Senator Morrow
JANUARY 17, 2006
An act to amend Section 115800 of the Health and Safety Code,
relating to recreational activities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1179, Morrow Recreational activities: skateboarding.
Existing law, effective until January 1, 2008, provides that
skateboarding at a public skateboard park is a hazardous recreational
activity, if all of specified conditions are met, including if the
person skateboarding is 14 years of age or older.
This bill would reduce that age limit to 12 years of age or older.
The bill would also extend the operative dates of those provisions
until January 1, 2012, and would make other conforming changes to
that provision.
Existing law, operative on January 1, 2008, prohibits an operator
of a skateboard park from permitting any person to ride a skateboard
in the park unless that person is wearing a helmet, elbow pads, and
knee pads. Existing law, operative on January 1, 2008, further
describes how those requirements may be satisfied with respect to a
recreational skateboard facility owned and operated by a local public
agency, as specified.
This bill would instead make those provisions operative on January
1, 2012.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 115800 of the Health and Safety Code, as
amended by Section 1 of Chapter 409 of the Statutes of 2002, is
amended to read:
115800. (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
(b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
(d) (1) Skateboarding at any facility or park owned or operated by
a public entity as a public skateboard park, as provided in
paragraph (3), shall be deemed a hazardous recreational activity
within the meaning of Section 831.7 of the Government Code if all of
the following conditions are met:
(A) The person skateboarding is 12 years of age or older.
(B) The skateboarding activity that caused the injury was stunt,
trick, or luge skateboarding.
(C) The skateboard park is on public property that complies with
subdivision (a) or (b).
(2) In addition to the provisions of subdivision (c) of Section
831.7 of the Government Code, nothing in this section is intended to
limit the liability of a public entity with respect to any other duty
imposed pursuant to existing law, including the duty to protect
against dangerous conditions of public property pursuant to Chapter 2
(commencing with Section 830) of Part 2 of Division 3.6 of Title 1
of the Government Code. 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.
(3) For public skateboard parks that were constructed on or before
January 1, 1998, this subdivision shall apply to hazardous
recreational activity injuries incurred on or after January 1, 1998,
and before January 1, 2001. For public skateboard parks that are
constructed after January 1, 1998, this subdivision shall apply to
hazardous recreational activity injuries incurred on or after January
1, 1998, and before January 1, 2012. For purposes of this
subdivision, any skateboard facility that is a movable facility shall
be deemed constructed on the first date it is initially made
available for use at any location by the local public agency.
(4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a skateboarder in a
public skateboard park or facility. The local public agency shall
also maintain a record of all claims, paid and not paid, including
any lawsuits and their results, arising from those incidents that
were filed against the public agency. Beginning in 1999, copies of
these records shall be filed annually, no later than January 30 each
year, with the Judicial Council, which shall submit a report to the
Legislature on or before March 31, 2011, 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.
(5) This subdivision shall not apply on or after January 1, 2001,
to public skateboard parks that were constructed on or before January
1, 1998, but shall continue to apply to public skateboard parks that
are constructed after January 1, 1998.
(e) This section shall remain in effect until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, enacted
before January 1, 2012, deletes or extends that date.
SEC. 2. Section 115800 of the Health and Safety Code, as amended
by Section 2 of Chapter 409 of the Statutes of 2002, is amended to
read:
115800. (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
(b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
(c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
(d) This section shall become operative on January 1, 2012.