BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1146 (Jones)


          As Amended  July 6, 2015


          Majority vote


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          Original Committee Reference:  JUD.




          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 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.


          The Senate amendments clarify that liability provisions for  
          injuries that occur while operating nonmotorized bicycles,  








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          scooters, in-line skates, roller skates or wheelchairs in the  
          park apply to any claim for injuries occurring on or after  
          January 1, 2016.


          FISCAL EFFECT:  None


          COMMENTS:  This bill, sponsored by the County of San Diego  
          (County), 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  
          nonmotorized bicycles, scooters, and roller skates.  


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


               The County would like to accommodate other wheeled,  
               non-motorized recreational uses of the skate park,  
               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.   








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               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.  Government Code 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 (Section  
          115800) deems skateboarding a hazardous recreational activity  
          within the meaning of Government Code Section 831.7 if certain  
          conditions are met.  The qualified immunity provided by Section  
          115800 applies only when 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  








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          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.


          This bill applies to recreational use of nonmotorized  
          wheelchairs in a public skate park.  Recent amendments to this  
          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.  


          This 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  








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          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.


          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, this bill establishes  
          a four-year trial period for all provisions relating to other  
          wheeled recreational devices.  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.


          Reporting requirements.  The Judicial Council's (Council)  
          reports to the Legislature, as required by 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.  









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          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 Assembly Judiciary 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 Committees copies of any records  
          of claims or lawsuits arising from known or reported injuries  
          incurred by riders at public skateboard parks.  This 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.




          Analysis Prepared by:                                             
          Anthony Lew / JUD. / (916) 319-2334FN: 0001192



















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