BILL ANALYSIS SB 1179 Page 1 SENATE THIRD READING SB 1179 (Morrow) As Amended May 16, 2006 Majority vote SENATE VOTE :39-0 JUDICIARY 9-0 ----------------------------------------------------------------- |Ayes:|Jones, Berg, Haynes, | | | | |Laird, Leslie, Levine, | | | | |Lieber, Monta?ez, Wyland | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Seeks to extend the sunset provision in current law that makes skateboarding a hazardous recreational activity, in certain circumstances, as well as to lower the age where qualified immunity from liability is present for injuries incurred at a public skate park from 14 to 12. Specifically, this bill : 1)Extends by four years the existing sunset for the existing legal liability protections for cities, counties and other public agencies that build public skateboard parks. Currently law is set to sunset in 2008. This bill will sunset it in 2012. 2)Lowers the minimum age of qualified immunity from liability for skateboarders in public skateboard parks from 14 years of age to 12 years of age. 3)Extends the date that the Judicial Council (JC) report, to the Legislature regarding injuries, claims, and results of lawsuits, must be submitted from March 31, 2007, until March 31, 2011. EXISTING LAW : 1)Sets forth the guidelines that an operator of a skateboard park must follow as well as the requirements with respect to a facility owned and operated by a local public agency. 2)Provides that a public skateboard park shall be deemed a hazardous recreational activity if the following conditions are met: SB 1179 Page 2 a) The person skateboarding is 14 years of age 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. 3)Requires the JC to submit a report to the Legislature on or before March 31, 2007, relative to incidences of injuries incurred, claims asserted and the results of any lawsuits filed by persons injured while skateboarding in public skateboard parks or facilities. FISCAL EFFECT : None COMMENTS : In support of this bill, the author notes that "numerous local governments have built skateboarding parks to provide skateboarders appropriate venues for plying their skills." Further, he states that existing law "provides these local governments liability protection less than the protection offered to [hazardous recreational activities] listed in the Gov[ernment] Code." In 1983, California codified a qualified immunity for public entities and employees for injuries suffered by individuals engaged in hazardous recreational activities. The included activities, such as rock climbing, sky diving and sport parachuting, all pose a substantial risk of injury to a participant or spectator. Over the years, other attempts have been made to expand the list of hazardous recreational activities. For example, mountain biking, but not ordinary use of a bicycle, was added to the list of hazardous recreational activities. AB 1296 (Morrow), Chapter 573, Statutes of 1997, added skateboarding under certain conditions to the list of hazardous recreational activities. That provision was extended by SB 994 (Morrow), Chapter 409, Statutes of 2002, and will sunset on January 1, 2008, unless legislation is enacted to extend or repeal that provision. Skateboarding results in public entity immunity only when the participant is at least 14, and performing a trick, stunt or luge skateboarding on public property meeting certain requirements. As a result of this immunity, communities began building skateboarding parks for the use of their residents. These skateboarding parks provide a dedicated location for individuals to skateboard without worry of trespassing or vehicular hazards. Pursuant to existing law, all of these skateboard parks require use of helmets, elbow pads and knee pads and the limited immunity SB 1179 Page 3 currently enjoyed by public entities is conditioned upon requiring skateboarders to wear this safety equipment. Thus, the current scheme both provides dedicated locations for children to skateboard, and encourages the use of proper safety equipment. Some supporters of this bill note the dangers of skateboarding, while others emphasize the sport's safety. The City of Lake Forest proclaims that "[c]learly, skateboarding is an activity that is hazardous regardless of age." Further elaborating on the danger posed, the California Association of Joint Powers Authorities (CAJPA), contends that "participants . . . are well aware of risks associated with skateboarding. Let's be realistic: we are talking about a small platform set on wheels, and 'ridden' at significant speeds on and around cement surfaces and obstacles." In contrast, the website for the Skate Park Association United States of America (SPAUSA), contains statistics which portray skateboarding as much safer than many other sports. Additionally, the JC's reports to the Legislature, as required by the Health and Safety Code Section 115800, appear to demonstrate skate boarding's apparently low injury rate. The JC's March 13, 2002 report found that a total of 80 skateboarding injuries occurred at skateboarding parks in nine cities during the 2001 calendar year. This amounts to less than one injury per skateboard park per month. Furthermore, none of these injuries resulted in a lawsuit against the city. In fact, there are no published California cases including suits against a city for injuries caused at a skateboarding park. Given the relative low amount of injuries from skateboarding, compared to other sports typically engaged in by teenagers, such as basketball, football, and soccer, skateboarding does not pose the same risk of injury to persons under the age of 18. The current government immunity is extended only when the skateboarder is 14 years of age or older, but there are far more skateboarders under the age of 18, then over, including a significant amount under the age of 14, as demonstrated by the National SAFE KIDS Campaign statistics showing over 60,000 injuries treated in emergency rooms for children aged 5-14. Lowering the age requirement from 14 to 12 years will increase the amount of protection local agencies have from liability at public skate parks in correlation with the growing amount of skateboarders who fit into this particular age range. Some skateboarding groups oppose the bill, arguing the "half a SB 1179 Page 4 loaf" approach is not meritorious. Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334 FN: 0015690