BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 14, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1146  
          (Jones) - As Amended April 8, 2015


                              As Proposed to be Amended


          SUBJECT:  SKATEBOARD PARKS


          KEY ISSUE:  BECAUSE RECREATIONAL USERS OF PUBLIC SKATEBOARD  
          PARKS ARE INCREASINGLY RIDING WHEELED RECREATIONAL DEVICES OTHER  
          THAN SKATEBOARDS, SHOULD LOCAL GOVERNMENT IMMUNITY FROM  
          LIABILITY FOR INJURIES CAUSED BY SKATEBOARDERS BE EXTENDED TO  
          INCLUDE INJURIES CAUSEd BY PEOPLE USING OTHER WHEELED  
          RECREATIONAL DEVICES, INCLUDING ROLLER SKATES AND SCOOTERS, AT  
          PUBLIC SKATEBOARD PARKS?


                                      SYNOPSIS


          According to the author, the existing immunity laws regarding  
          public skateboard parks force public park operators to restrict  
          the use of such parks to only skateboarders, even though there  
          is increasing demand by riders of other wheeled recreational  
          devices, such as bicycles, scooters and roller skates, to also  
          use the slopes, ramps, and curbs available at the park.  This  
          bill, sponsored by the County of San Diego, seeks to expand  
          local government immunity from liability for injuries caused by  








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          recreational users of public skateboard parks to include not  
          only skateboarders, the only group covered under existing law,  
          but also riders of wheeled recreational devices other than  
          skateboards - specifically defined as in-line skates, roller  
          skates, nonmotorized bicycles, scooters, and nonmotorized  
          wheelchairs.  In order to lend support to local government  
          efforts to encourage more riders of other wheeled devices to get  
          off the streets and into public skate parks, this bill would  
          expand qualified immunity to injuries caused by other groups of  
          wheeled recreational riders that is identical to the immunity  
          provisions which currently apply to skateboarders.  Proponents  
          contend that this change would allow local governments operating  
          skate parks to open their skateboard parks to other users, and  
          would protect public property and safety that could be  
          jeopardized by riders who would otherwise be using public  
          streets and sidewalks instead of their local skate park.  As  
          proposed to be amended, this bill would pilot these new  
          provisions pertaining to wheeled devices other than skateboards  
          for four years, until a sunset date of January 1, 2020, and  
          clarify which type of wheeled recreational devices are covered  
          by the liability provisions.  The bill has no known opposition.


          SUMMARY:  Expands local government immunity from liability for  
          injuries to recreational users of public skateboard parks to  
          include riders of wheeled recreational devices other than  
          skateboards, as provided.  Specifically, this bill:   


          1)Defines the term "other wheeled recreational device" to mean  
            nonmotorized bicycles, scooters, in-line skates, roller skates  
            or nonmotorized wheelchairs.


          2)Prohibits an operator of a skateboard park from permitting any  
            person to ride other wheeled recreational devices in the  
            skateboard park, unless that person is wearing a helmet, elbow  
            pads, and knee pads.









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          3)Provides that a facility owned or operated by a local public  
            agency, that is designed and maintained for the purpose of  
            riding a recreational skateboard or other wheeled recreational  
            device, and that is unsupervised, may comply with the above  
            requirement by: a) adopting an ordinance requiring anyone  
            riding a skateboard or other wheeled recreational device at  
            the facility to wear a helmet, elbow pads, and knee pads; and  
            b) posting signs that inform all riders that they must wear  
            those items and that failing to do so will subject them to a  
            citation.


          4)Provides that riding a skateboard or other wheeled recreation  
            device or any concurrent combination of these activities at a  
            public skateboard park constitutes a "hazardous recreational  
            activity" if the rider is at least 12 years old, the activity  
            causing the injury was stunt, trick, or luge riding, and the  
            injury occurred at a public skateboard park requiring a  
            helmet, elbow pads, and knee pads.


          5)Requires the appropriate local public agency to maintain a  
            record of all known or reported injuries incurred by persons  
            riding skateboard or other wheeled recreational devices in a  
            public skateboard park or facility, as well as 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.  Requires copies of the claims and lawsuits  
            to be filed annually, no later than January 30 each year, with  
            the Assembly and Senate Judiciary Committees.


          6)Establishes a sunset date of January 1, 2020, for provisions  
            applying to riders of other wheeled recreation devices (but  
            not skateboarders), whereby such provisions will remain in  
            effect only until that date unless a later enacted statute  
            deletes or extends the sunset.









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          EXISTING LAW:   


          1)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.  Shields public entities and public employees from  
            liability for any injuries caused by any person participating  
            in a hazardous recreational activity, including those  
            resulting in injury to 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)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.  (Health & Safety  
            Code Section 115800(a).  All further references are to this  
            code unless otherwise stated.)


          3)Provides that facilities owned or operated by a local public  
            agency, that are designed for recreational skateboard use and  
            unsupervised, may comply with the above requirement by: a)  
            adopting an ordinance requiring anyone riding a skateboard at  
            the facility to wear a helmet, elbow pads, and knee pads; and  
            b) posting signs that inform skateboarders that they must wear  
            those items and that failing to do so will subject them to a  
            citation.  (Section 115800(b).)


          4)Provides that, for liability purposes, skateboarding  
            constitutes a "hazardous recreational activity" within the  
            meaning of Gov. Code Section 831.7 if the person skateboarding  
            is at least 12 years old, the skateboarding activity causing  








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            injury was a stunt, trick, or luge skateboarding, and the  
            injury occurred at a public skateboard park requiring a  
            helmet, elbow pads, and knee pads.  (Section 115800(d)(1).)  


           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, as well as 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.  Requires these records to be filed  
            annually, no later than January 30 each year, with the  
            Assembly and Senate Judiciary Committees.  (Section  
            115800(d)(4).)  


           6)Establishes that these provisions apply to public skateboard  
            parks that were constructed on or after January 1, 1996.   
            (Section 115800(d)(5)(B).)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  This bill, sponsored by the County of San Diego,  
          seeks to expand local government immunity from liability for  
          injuries caused by recreational users of public skateboard parks  
          to include not only skateboarders (the only group covered under  
          existing law), but also riders of wheeled recreational devices  
          other than skateboards, such as roller skates, nonmotorized  
          bicycles, and scooters.  


          Need for the bill.  According to the author and sponsor, the  
          existing immunity laws regarding public skateboard parks force  
          public park operators like the County to restrict use of  
          skateboard parks to only skateboarders, when there is great  
          demand by riders of other wheeled devices, such as BMX bikes,  








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          scooters and roller skates, to also use the slopes, ramps, and  
          curbs available at the parks for recreation.  Citing an example  
          in San Diego County, the proponents explain:


               The County would like to accommodate other wheeled,  
               non-motorized recreational uses of the skatepark, such as  
               bicycles, scooters and wheelchairs.  Because [Section  
               115800] specifically refers to skateboarders for skate  
               parks operated by local governments, and does not address  
               or include the other all-wheeled non-motorized uses in  
               the liability immunity, the County posts rules  
               restricting the use of the Lakeside Skate Park to only  
               skateboarders.


               As the popularity of skate parks and other wheeled  
               activities in skate parks continue to rise, this [bill]  
               would allow local governments to accommodate these uses  
               and maintain immunity for injuries. Without such changes,  
               local governments are forced to make difficult risk  
               assessments on which activities to allow within skate  
               parks.  Furthermore, allowing these other all-wheeled  
               non-motorized devices to participate at local skate parks  
               would promote safety for the riders and protect public  
               and private property that may otherwise be damaged. 


          Background on public entity liability for skateboarding  
          injuries.  Section 831.7 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, and shields public entities and  
          public employees from liability for injuries caused by any  
          person participating in a hazardous recreational activity.   
          Health and Safety Code Section 115800 deems skateboarding a  
          hazardous recreational activity within the meaning of Section  
          831.7 of the Government Code if certain conditions are met.  The  
          qualified immunity provided by Section 115800 applies only when  








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          a skateboarder is at least 12 years old and is engaging in  
          trick, stunt, or luge skateboarding at a public skate park that,  
          among other things, requires riders to wear helmets, knee pads,  
          and elbow pads.  


          With this grant of qualified immunity, local communities are  
          encouraged to require use of proper safety equipment on the  
          premises to limit their liability and have become more  
          comfortable building public skateboard parks.  Skateboard parks  
          provide a dedicated location for individuals to skateboard  
          without trespassing on private property or facing vehicular  
          hazards, and increased use of such parks helps encourage  
          skateboarders to do their riding off of local public streets and  
          sidewalks, where they potentially pose greater risk to  
          pedestrians and bystanders.


          Extending local government immunity to other users of skateboard  
          parks.  In order to lend support to local governments' efforts  
          to encourage more riders of other wheeled devices off the  
          streets and into public skate parks, this bill would expand  
          existing qualified immunity to include other groups of wheeled  
          recreational riders.  Proponents contend that this would help  
          local governments that operate skate parks to avoid having to  
          limit their use to skateboarders only, and would protect public  
          property and safety that might be jeopardized by riders who  
          would otherwise be excluded from their local skate parks.


          Under this bill, the same conditions that qualify the provision  
          of immunity with respect to skateboarders would apply to riders  
          of other wheeled recreational devices.  For example, park  
          operators would have to mirror safety requirements for  
          skateboarders and require riders of other wheeled devices: to  
          require users to wear a helmet, elbow pads, and knee pads when  
          riding at the skate park in order for liability protections to  
          apply.









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          Author's amendment to clarify that the bill applies to  
          recreational use of nonmotorized wheelchairs in a public skate  
          park.  Recent amendments to the bill define the key term "other  
          wheeled recreational device" to mean nonmotorized bicycles,  
          scooters, in-line skates, roller skates, or wheelchairs.  The  
          list of devices is a closed list, and no other wheeled forms of  
          recreation fall within the bill's definition of that term.   
          Scooters, in-line skates, and roller skates are more similar to  
          skateboards in that the person rides on them in an upright  
          position, typically upon small polyurethane wheels, and the top  
          speed and maneuverability of those devices are similar to  
          skateboards.  


          The bill also includes the use of nonmotorized bicycles and  
          wheelchairs in the definition of "other wheeled recreational  
          devices."  While the inclusion of bicycles may not be  
          surprising, the image of wheelchairs being used on the ramps and  
          slopes of a public skate park may be unexpected.  According to  
          the sponsor, representatives of wheelchair riders specifically  
          requested to be included in the provisions of this bill, opening  
          up skateboard parks to other types of wheeled users, which  
          reflects the growing popularity of wheelchair athletes in  
          professional freestyle action sports and increased participation  
          by wheelchair users in public recreational settings.   
          Participants in such sports typically employ sturdy, lightweight  
          wheelchairs often adapted for recreational use, but in every  
          case are manually propelled by using upper body and arm  
          strength, not a motor.  The strength and dexterity required to  
          manually steer and propel a wheelchair over and around the  
          slopes and ramps of a skateboard park likely limits the number  
          of wheelchair riders who would ride in skateboard parks to a  
          small self-selected minority who are capable of doing so.  For  
          these reasons, the author believes that the inclusion of  
          wheelchairs in the definition of wheeled recreational devices  
          other than skateboards is appropriate for evaluation during the  
          four-year trial period that these provisions will be effective  
          before the proposed sunset date of January 1, 2020.  However, to  








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          further clarify the allowance for wheelchairs, the author  
          proposes the following amendment to specify only "nonmotorized  
          wheelchairs" are included as other wheeled recreational devices:


               On page 2, line 24, before "wheelchair" insert  
               "nonmotorized"


          Author's amendment to establish four-year sunset date for  
          provisions applying to riders of other wheeled recreational  
          devices.  In order to pilot these provisions and evaluate their  
          impact on usage of skateboard parks and rates of recreational  
          injuries, the author proposes a four-year trial period for all  
          provisions relating to other wheeled recreational devices.  As  
          proposed to be amended, these provisions would automatically  
          expire on the sunset date of January 1, 2020, unless a later  
          enacted statute deletes or extends the sunset.


          Importantly, the liability rules for skateboarders using  
          skateboard parks, which have previously been evaluated by the  
          Legislature through a series of earlier trial periods, will not  
          be the subject of the trial period established by this bill.  It  
          is the author's intent that should the provisions in this bill  
          be enacted this year but ultimately sunset at the end of the  
          trial period, the liability rules that currently apply to  
          skateboarders riding in skateboard parks will continue to  
          operate without interruption.  The proposed amendment is:


               On page 4, line 5, delete "____" and insert "January 1,  
               2020"


               On page 4, line 7, delete "____" and insert "January 1,  
               2020"










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          Reporting requirements.  The Judicial Council's reports to the  
          Legislature, as required by Health and Safety Code section  
          115800, demonstrate a relatively low injury rate associated with  
          skateboarding in public skateboard parks.  For example, the  
          March 13, 2002 report found 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 each month.  


          The Council's March 24, 2011 report reflects the results of 34  
          public agencies submitting reports of skateboarding injuries in  
          their jurisdictions.  According to the report, a total of 792  
          injuries were reported from 2002 to 2010, inclusive, with facial  
          injuries being the most common type of injury reported, followed  
          by injuries to the ankle, head and arm.  This translates into  
          2.6 injuries reported by each public agency per year of the  
          study.  The Council also states that none of the 34 public  
          agencies mentioned any claims or lawsuits filed against them as  
          a result of such injuries.  The Committee's own research failed  
          to identify any published California cases concerning a lawsuit  
          against a city for injuries caused at a public skateboard park.


          This bill would continue the current reporting scheme of  
          requiring local public agencies to annually file with the  
          Assembly and Senate Judiciary Committee copies of any records of  
          claims or lawsuits arising from known or reported injuries  
          incurred by riders at public skateboard parks.  The bill  
          clarifies that any claims or lawsuits arising from injuries  
          incurred by riders of wheeled recreation devices other than  
          skateboards must be filed annually, in addition to those arising  
          from skateboard accidents.


          Previous related legislation.  AB 1296 (Morrow), Ch. 573, Stats.  
          1997, established qualified immunity provisions for skate parks  
          and implemented initial reporting and safety equipment  
          requirements, with a sunset date of 2003.  SB 994 (Morrow) Ch.  








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          409, Stats. 2002, extended the sunset provision, until 2008, for  
          the qualified immunity provisions enacted by AB 1296.  SB 1179  
          (Morrow) Ch. 140, Stats. 2006, further extended the sunset  
          provision until January 1, 2012.  AB 874 (Saldana) of 2010  
          attempted to remove the elbow and knee pad requirements for  
          conditional immunity, but died in the Senate Judiciary  
          Committee.  Finally, AB 264 (Correa), Ch. 232, Stats. 2011, made  
          permanent the qualified immunity provisions for skateboard park  
          operators and amended the injury reporting requirements for  
          local agencies.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          County of San Diego (sponsor)


          City of San Marcos




          Opposition


          None on file




          Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334










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