BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 264|
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                                 THIRD READING


          Bill No:  SB 264
          Author:   Correa (D)
          Amended:  5/3/11
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 4/26/11
          AYES:  Evans, Harman, Blakeslee, Corbett, Leno

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Recreational activities:  skateboard parks

           SOURCE  :     California Park and Recreation Society 


           DIGEST  :    This bill removes the sunset date on existing 
          law relative to skateboarding at a local public facility.  
          This bill also requires copies of the records of claims and 
          law suits be filed annually by local public agencies with 
          the legislature, as specified.

           ANALYSIS  :    Existing law 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 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.  Existing 
          law, until January 1, 2012, further provides that 
          skateboarding at a public skateboard park is a hazardous 
          recreational activity, if all of specified conditions are 
                                                           CONTINUED





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          met, including if the person skateboarding is12 years of 
          age or older.

          This bill continues indefinitely the latter provision 
          deeming skateboarding at a public skateboard park a 
          hazardous recreational activity.

          Existing law, until January 1, 2012, requires a local 
          public agency to maintain a record of injuries incurred by 
          a skateboarder in a public skateboard park or facility and 
          all claims and lawsuits against the public agency arising 
          from those injuries.  Existing law requires copies of those 
          records to be filed annually with the Judicial Council, and 
          existing law required the Judicial Council to submit a 
          specified report on those injuries, claims, and lawsuits to 
          the Legislature by March 31, 2011.

          This bill requires copies of the records of claims and 
          lawsuits, beginning in 2013, to be filed annually with the 
          Assembly Judiciary Committee and the Senate Judiciary 
          Committee.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  5/17/11)

          California Park & Recreation Society (source)
          American Society of Landscape Architects
          California Association of Joint Powers Authorities
          California State Assn. of Counties Excess Insurance 
          Authority 
          City of Garden Grove
          City of Laguna Hills
          League of California Cities
          Skate Park Association International


           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          without repeal or extension of the sunset provision 
          contained in Health and Safety Code Section 115800, public 
          entities will face increased liability related to 
          skateboard parks and will no longer have incentive to build 
          and operate these facilities. In fact, a majority of public 







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          entities, including the City of Garden Grove, could be 
          forced to close existing facilities because they do not 
          have fiscal resources to staff and monitor these facilities 
          commensurate with the increased liability.

          This bill enables public entities to maintain their current 
          skateboard parks with less risk of liability. This may 
          result in greater recreational opportunities for the 
          citizens of California through the construction of new 
          skateboard parks and sport tournament promotion.  The 
          enactment of this bill could also have a positive immediate 
          impact in local economies.


          RJG:do  5/17/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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