BILL ANALYSIS �
SB 264
Page 1
Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 264 (Correa) - As Amended: May 3, 2011
PROPOSED CONSENT (As Proposed to be Amended)
SENATE VOTE : 39-0
SUBJECT : recreational activities: skateboard parks
KEY ISSUE : SHOULD THE QUALIFIED IMMUNITY CURRENTLY GRANTED TO
local public agencies who operate skateboard parks BE MADE
PERMANENT?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial bill seeks to make permanent the
qualified immunity already provided to local public agencies
that operate skateboard parks. Additionally, this bill would
amend the reporting requirements for the local agencies,
requiring them to file an annual report to both the Senate and
Assembly Judiciary Committees directly rather than through the
Judicial Council as currently is the law. The bill maintains
the current requirements that skateboard parks require riders to
wear a helmet, knee pads and elbow pads in order to qualify for
the immunity. The author notes that extending the qualification
of skateboarding as a "hazardous recreational activity" is
necessary for the ongoing operation of municipal skate parks.
This classification offers strong liability protection for a
sport that can be dangerous if performed irresponsibility. By
limiting liability, the author hopes to maintain this form of
recreation and exercise for California youth into the future.
This bill is supported by local government groups, insurance
providers and outdoor recreation groups and has no known
opposition.
SUMMARY : Makes permanent qualified immunity for skateboard park
operators and amends the injury reporting requirements for local
agencies that operate skateboard parks. Specifically, this
bill :
1)Indefinitely extends the classification of skateboarding as a
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"hazardous recreational activity" past its current January 1,
2012 sunset date, thereby extending local agencies qualified
immunity for injuries resulting from skateboarding at their
park.
2)Amends the current reporting requirement (of injuries and
lawsuits associated with skateboard parks) to mandate annual
reports be provided to the Senate and Assembly Judiciary
Committees directly and not via the Judicial Council.
3)Maintains the existing safety regulations requiring all
skateboard parks to require riders to wear a helmet, knee pads
and elbow pads.
EXISTING LAW :
1)Shields public entities and public employees from liability to
any person participating in a hazardous recreational activity,
including voluntary spectators who recognized the substantial
risk of injury due to the activity. Public entities and
public employees remain liable for injuries 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. (Government Code Section 831.7.)
2)Defines "hazardous recreational activity" as a recreational
activity conducted on the property of a public entity that
creates a substantial risk of injury to a participant or
spectator. Sample hazardous recreational activities include
hang gliding, kayaking, motorized vehicle racing, pistol and
rifle shooting, rock climbing, racketeering, spelunking, sky
diving, sport parachuting, and paragliding. (Government Code
Section 831.7.)
3)Prohibits an operator of a skateboard park from permitting any
person to ride a skateboard therein, unless that person is
wearing a helmet, elbow pads, and knee pads. Facilities owned
or operated by a local public agency, that are designed for
recreational skateboard use and unsupervised, may comply with
that requirement by: (1) adopting an ordinance requiring
anyone riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads; and (2) posting signs that inform
skateboarders that they must wear those items and that failing
to do so will subject them to a citation. (Health & Safety
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Code Section 115800.)
4)Defines skateboarding as a "hazardous recreational activity"
if the person skateboarding is at least 12 years old, the
skateboarding activity causing injury was a stunt, trick, or
luge skateboarding, and the injury occurred on public property
requiring a helmet, elbow pads, and knee pads. Existing law
also mandates that no operator of a skateboard park permit a
person to skateboard within that park, unless that person
wears a helmet, elbow pads, and knee pads. (Health & Safety
Code Section 115800.)
5)Requires local public agencies to maintain a record of all
known or reported injuries incurred by a skateboarder in a
public skateboard park or facility. That agency must 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. (Health & Safety
Code Section 115800(d)(4).)
6)Requires the above records to be filed 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 while skateboarding in public skateboard parks or
facilities. (Health & Safety Code Section 115800(d)(4).)
7)Repeals the inclusion of skateboarding as a "hazardous
recreational activity" on January 1, 2012.
COMMENTS : This bill seeks to make permanent the qualified
immunity already provided to local public agencies that operate
skateboard parks for injuries that occur as the result of a
stunt, trick, or other skateboarding activity. The author
states:
California law (HSC �115800) currently deems skateboarding
a hazardous recreational activity (where certain
circumstances are met) within the meaning of Section 831.7
of the Government Code. This provision in current law
reduces liability for skateboard accidents, making it
feasible for cities to build skateboard parks. This
particular provision will sunset on January 1, 2012.
(Related legislation: SB 1179 (Morrow 2006).
SB 264 would enable public entities to maintain their
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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 measure could also have a positive
immediate impact in local economies.
The qualified immunity provisions of existing law were made
effective on January 1, 1998 to address the concerns of local
governments who feared potentially huge liability resulting from
opening and operating local skate parks. In order to give
teenagers and young adults a safe place to skateboard and
prevent them from trespassing onto private property to
skateboard, the Legislature granted the conditional immunity to
encourage local entities to build more skateboard facilities
throughout the state. Without further legislation this immunity
is set to expire on January 1, 2012. As the bill's sponsor, the
City of Garden Grove, noted without action by the Legislature "a
majority of public entities?could be forced to close existing
skateboard parks because they do not have funds to staff and
monitor these facilities commensurate with the increased
liability."
Because these parks promote physical activity and safe
recreational venues for teenagers and young adults local
agencies seek a long term solution to address the liability risk
before the January 1, 2012 sunset date to ensure they can keep
skateboard facilities open. Like many other sunset provisions
enacted by the Legislature, the skateboard liability sunset
provided for injury reporting requirements so the Legislature
can accurately evaluate the merits of the continuing immunity
for local agencies that operate skateboard parks.
In fulfilling the sunset's reporting requirement the Judicial
Council filed a report on March 24, 2011 evaluating information
received from 34 public agencies. The report contained data
regarding all injuries and ensuing lawsuits stemming from
accidents at skateboard parks. The report found that between
2002 and 2010, 792 injuries were reported at skate parks. The
most common injuries were facial lacerations with arm, head and
ankle injuries also being prevalent. The report found that of
the 792 injuries disclosed, none resulted in claims or lawsuits
being filed against the local agency operating the park. The
lack of lawsuits has allowed local agencies to operate skate
parks without fear of budget crippling tort suits.
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Same Reports, New Readers: The presently expiring immunity
provisions implemented reporting requirements to ensure that the
law could be assessed over time to ensure the immunity
provisions were not barring legitimate law suits and that
skateboard parks were being properly maintained. This bill was
amended to switch the reporting requirement from the Judicial
Council to the Senate and Assembly Judiciary Committees for
future disclosure to ensure that any suits that would be barred
by the permanent extension of immunity would immediately come to
the attention of the Legislature.
Benefits of Continued Immunity for Skate Parks: The continuance
of qualified immunity for public agencies operating skate parks
should permit the expansion of these recreational venues. The
biggest potential cost associated with skate parks stems from
the risk of liability attached with the sport. By limiting that
liability, the opportunity for growth in the parks is expanded.
The parks have been widely successful and continue to grow in
popularity. Presently 100 new parks are under development
statewide. As the author notes, expansion of these recreational
facilities is contingent on localities maintaining protection
from liability. This bill extends that protection and
encourages the further expansion of these facilities widely
enjoyed by young adults.
Author's Technical Amendment: The author prudently proposes the
following amendment to ensure all references to the former
grandfather date are removed:
- On page 3 line 28 remove "and before January 1,
2012"
Prior/ Pending Legislation : AB 1296 (Morrow-1997): Created the
qualified immunity provisions for skate parks and implemented
the reporting and safety equipment requirements.
SB 994 (Morrow-2002): Extended the sunset provision originally
created in AB 1296.
SB 1179 (Morrow-2006): Further extended the sunset provisions.
Set them to expire on January 1, 2012 which has made the present
extension necessary.
AB 874 (Saldana-2010): Attempted to remove the elbow and knee
pad requirement established in AB 1296. Was referred to the
Senate Judiciary Committee where it was never heard.
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REGISTERED SUPPORT / OPPOSITION :
Support
City of Garden Grove (sponsor)
California Association of Joint Powers Association
California Park & Recreation Society
CSAC Excess Insurance Authority
Opposition
None on file
Analysis Prepared by : Drew Liebert & Nick Liedtke / JUD. /
(916) 319-2334