BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1146| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1146 Author: Jones (R), et al. Amended: 7/6/15 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE: 7-0, 6/30/15 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski ASSEMBLY FLOOR: 77-0, 4/30/15 - See last page for vote SUBJECT: Skateboard parks SOURCE: County of San Diego DIGEST: This bill extends the existing qualified immunity that applies to local public agencies that operate public skateboarding parks for injuries as the result of recreational skateboarding to also apply to other wheeled recreational devices, as defined. ANALYSIS: 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 AB 1146 Page 2 structure, recreational equipment or machinery, or substantial work of improvement. 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. 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: (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. 4)Defines skateboarding as a "hazardous recreational activity" if the person skateboarding is at least 12 years of age, 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. 5)Provides that no operator of a skateboard park may permit a person to skateboard within that park, unless that person wears a helmet, elbow pads, and knee pads. 6)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. 7)Requires copies of the records of claims and lawsuits to be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. AB 1146 Page 3 This bill: 1)Expands the above provisions to include other wheeled recreational devices, and defines those devices as nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs. 2)Provides that, for purposes of injuries that occur while operating other wheeled recreational devices in a skateboard facility, the qualified immunity shall apply to any claim for injuries occurring on or after January 1, 2016. 3)Sunsets on January 1, 2020. Background Historically, the assumption of risk doctrine prevented individuals from recovering for injuries caused when they engaged in hazardous recreational activities on public property. The rationale for this qualified immunity was that these individuals recognized the risk inherent in the activity, and voluntarily chose to accept that risk when engaging in that activity. 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. In 1997, AB 1296 (Morrow, Chapter 573, Statutes of 1997) added skateboarding under certain conditions to the list of hazardous recreational activities. SB 994 (Morrow, Chapter 409, Statutes of 2002) extended the sunset date of that provision to January 1, 2008, and SB 1179 (Morrow, Chapter 140, Statutes of 2006) further extended the sunset to January 1, 2012, unless legislation was enacted to extend or repeal that sunset. Lastly, SB 264 (Correa, Chapter 232, Statutes of 2011) removed the sunset date. AB 1146 Page 4 Pursuant to those provisions, a public entity has immunity from liability for skateboarding injuries only when the participant is at least 12 years of age, 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. Skateboarding parks, which may be publicly or privately operated, provide a dedicated location for individuals to skateboard without worry of trespassing or vehicular hazards, and, all of these skateboard parks require use of helmets, elbow pads, and knee pads. As a further incentive to public skateboard parks to implement these mandatory safety guidelines, the limited immunity currently enjoyed by public entities is conditioned upon requiring skateboarders to wear the requisite safety equipment. Thus, the current scheme both provides dedicated locations for young adults to skateboard and encourages the use of proper safety equipment. To accommodate the use of other wheeled devices in public skateboard parks, this bill, until January 1, 2020, expands the existing qualified immunity to also cover the use of other wheeled recreational devices, as specified, in skateboard parks operated by a public entity. That qualified immunity would be subject to the same terms and conditions that currently apply to the use of skateboards in those parks. Comments As stated by the author: Under current State law, potential liability to local government limits the participation of all-wheeled nonmotorized devices other than skateboards at local skate parks. Current law provides immunity from liability when only skateboards are allowed within the skate park. The San Diego County Board of Supervisors unanimously acted to seek a change in state law to extend local governmental immunity for injuries that occur in local skate parks to include other all-wheeled non-motorized recreational devices, such as bicycles, scooters, in-line skates, and wheelchairs. As the popularity of skate parks and other wheeled activities in skate parks continue to rise, this change in AB 1146 Page 5 state law 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified 7/8/15) County of San Diego (source) California Association of Joint Powers Authorities California Park and Recreation Society California State Association of Counties City of Encinitas City of Laguna Hills City of Poway City of San Marcos City of Vista CSAC Excess Insurance Authority Friends of the Lakeside SkatePark Committee Urban Counties Caucus Windsor Scooter Park Coalition Three individuals OPPOSITION: (Verified7/7/15) None received ASSEMBLY FLOOR: 77-0, 4/30/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, AB 1146 Page 6 Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood NO VOTE RECORDED: Campos, Chávez, Atkins Prepared by:Benjamin Palmer / JUD. / (916) 651-4113 7/8/15 15:52:50 **** END ****