BILL NUMBER: AB 634	CHAPTERED
	BILL TEXT

	CHAPTER  73
	FILED WITH SECRETARY OF STATE  JULY 15, 2010
	APPROVED BY GOVERNOR  JULY 15, 2010
	PASSED THE SENATE  JUNE 28, 2010
	PASSED THE ASSEMBLY  JANUARY 19, 2010
	AMENDED IN ASSEMBLY  JANUARY 7, 2010

INTRODUCED BY   Assembly Member Harkey

                        FEBRUARY 25, 2009

   An act to amend Section 831.7 of the Government Code, relating to
liability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 634, Harkey. Hazardous recreational activities.
   Under existing law, public entities and public employees are
generally not liable to any person who participates in various
hazardous recreational activities, as defined, including, but not
limited to, certain water contact and diving activities, kayaking,
surfing, waterskiing, white water rafting, and windsurfing.
   This bill would include self-contained underwater breathing
apparatus (SCUBA) diving among these hazardous recreational
activities.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 831.7 of the Government Code is amended to
read:
   831.7.  (a) Neither a public entity nor a public employee is
liable to any person who participates in a hazardous recreational
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, or
having the ability to do so failed to leave, for any damage or injury
to property or persons arising out of that hazardous recreational
activity.
   (b) As used in this section, "hazardous recreational activity"
means a recreational activity conducted on property of a public
entity that creates a substantial, as distinguished from a minor,
trivial, or insignificant, risk of injury to a participant or a
spectator.
   "Hazardous recreational activity" also means:
   (1) Water contact activities, except diving, in places where, or
at a time when, lifeguards are not provided and reasonable warning
thereof has been given, or the injured party should reasonably have
known that there was no lifeguard provided at the time.
   (2) Any form of diving into water from other than a diving board
or diving platform, or at any place or from any structure where
diving is prohibited and reasonable warning thereof has been given.
   (3) Animal riding, including equestrian competition, archery,
bicycle racing or jumping, mountain bicycling, boating, cross-country
and downhill skiing, hang gliding, kayaking, motorized vehicle
racing, off-road motorcycling or four-wheel driving of any kind,
orienteering, pistol and rifle shooting, rock climbing, rocketeering,
rodeo, self-contained underwater breathing apparatus (SCUBA) diving,
spelunking, skydiving, sport parachuting, paragliding, body contact
sports, surfing, trampolining, tree climbing, tree rope swinging,
waterskiing, white water rafting, and windsurfing. For the purposes
of this subdivision, "mountain bicycling" does not include riding a
bicycle on paved pathways, roadways, or sidewalks. For the purpose of
this paragraph, "body contact sports" means sports in which it is
reasonably foreseeable that there will be rough bodily contact with
one or more participants.
   (c) (1) Notwithstanding subdivision (a), this section does not
limit liability that would otherwise exist for any of the following:
   (A) Failure of the public entity or employee to guard or warn of a
known dangerous condition or of another hazardous recreational
activity known to the public entity or employee that is not
reasonably assumed by the participant as inherently a part of the
hazardous recreational activity out of which the damage or injury
arose.
   (B) Damage or injury suffered in any case where permission to
participate in the hazardous recreational activity was granted for a
specific fee. For the purpose of this subparagraph, a "specific fee"
does not include a fee or consideration charged for a general purpose
such as a general park admission charge, a vehicle entry or parking
fee, or an administrative or group use application or permit fee, as
distinguished from a specific fee charged for participation in the
specific hazardous recreational activity out of which the damage or
injury arose.
   (C) Injury suffered to the extent proximately caused by the
negligent failure of the public entity or public employee to properly
construct or maintain in good repair any structure, recreational
equipment or machinery, or substantial work of improvement utilized
in the hazardous recreational activity out of which the damage or
injury arose.
   (D) Damage or injury suffered in any case where the public entity
or employee recklessly or with gross negligence promoted the
participation in or observance of a hazardous recreational activity.
For purposes of this paragraph, promotional literature or a public
announcement or advertisement that merely describes the available
facilities and services on the property does not in itself constitute
a reckless or grossly negligent promotion.
   (E) An act of gross negligence by a public entity or a public
employee that is the proximate cause of the injury.
   (2) Nothing in this subdivision creates a duty of care or basis of
liability for personal injury or damage to personal property.
   (d) Nothing in this section limits the liability of an independent
concessionaire, or any person or organization other than the public
entity, whether or not the person or organization has a contractual
relationship with the public entity to use the public property, for
injuries or damages suffered in any case as a result of the operation
of a hazardous recreational activity on public property by the
concessionaire, person, or organization.