BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1146|
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                                   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  








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            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.  








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          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.







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          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  







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            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,  







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            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


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