BILL NUMBER: AB 1296	CHAPTERED
	BILL TEXT

	CHAPTER   573
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 1997
	APPROVED BY GOVERNOR   SEPTEMBER 29, 1997
	PASSED THE ASSEMBLY   SEPTEMBER 11, 1997
	PASSED THE SENATE   SEPTEMBER 4, 1997
	AMENDED IN SENATE   AUGUST 29, 1997
	AMENDED IN SENATE   JULY 22, 1997

INTRODUCED BY  Assembly Members Morrow, Mazzoni, and Strom-Martin
   (Coauthor: Senator Thompson)

                        FEBRUARY 28, 1997

   An act to amend, repeal, and add Section 115800 of the Health and
Safety Code, relating to liability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1296, Morrow.  Liability.
   Existing law provides that neither public entities nor public
employees are liable to any person who participates in a hazardous
recreational activity.  Existing law defines "hazardous recreational
activities" for these purposes to include various activities.
   This bill would provide that skateboarding at a public skateboard
park is a hazardous recreational activity for purposes of those
provisions if the person skateboarding is 14 years of age or older,
the skateboarding activity was stunt, trick, or luge skateboarding,
and the skateboard park is on public property, as specified.  The
bill would require appropriate local public agencies to maintain a
record of all known or reported injuries incurred by skateboarders in
a public skateboard park or facility, and other information
regarding those incidents, as specified, and would require copies of
these records to be filed with the Judicial Council annually,
beginning in 1999.  By imposing additional duties on local public
agencies, the bill would create a state-mandated local program.  The
bill would require the Judicial Council to submit a report to the
Legislature regarding this information on or before March 31, 2000,
as specified.
   The bill would provide for the repeal of these provisions on
January 1, 2003.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 115800 of the Health and Safety Code is amended
to read:
   115800.  (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
   (b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
   (1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
   (2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
   (c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
   (d) (1) Skateboarding at any facility or park owned or operated by
a public entity as a public skateboard park, as provided in
paragraph (3), shall be deemed a hazardous recreational activity
within the meaning of Section 831.7 of the Government Code if all of
the following conditions are met:
   (A) The person skateboarding is 14 years of age or older.
   (B) The skateboarding activity that caused the injury was stunt,
trick, or luge skateboarding.
   (C) The skateboard park is on public property that complies with
subdivision (a) or (b).
   (2) In addition to the provisions of subdivision (c) of Section
831.7 of the Government Code, nothing in this section is intended to
limit the liability of a public entity with respect to any other duty
imposed pursuant to existing law, including the duty to protect
against dangerous conditions of public property pursuant to Chapter 2
(commencing with Section 830) of Part 2 of Division 3.6 of Title 1
of the Government Code.
   (3) For public skateboard parks that were constructed on or before
January 1, 1998, this subdivision shall apply to hazardous
recreational activity injuries incurred on or after January 1, 1998,
and before January 1, 2001.  For public skateboard parks that are
constructed after January 1, 1998, this subdivision shall apply to
hazardous recreational activity injuries incurred on or after January
1, 1998, and before January 1, 2003.  For purposes of this
subdivision, any skateboard facility that is a movable facility shall
be deemed constructed on the first date it is initially made
available for use at any location by the local public agency.
   (4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a skateboarder in a
public skateboard park or facility.  The local public agency shall
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.  Beginning in 1999, copies of
these records shall be filed annually, no later than January 30 each
year, with the Judicial Council, which shall submit a report to the
Legislature on or before March 31, 2000, on the incidences of
injuries incurred, claims asserted, and the results of any lawsuit
filed, by persons injured while skateboarding in public skateboard
parks or facilities.
   (5) This subdivision shall not apply on or after January 1, 2001,
to public skateboard parks that were constructed on or before January
1, 1998, but shall continue to apply to public skateboard parks that
are constructed after January 1, 1998.
   (e) This section shall remain in effect until January 1, 2003, and
as of that date is repealed, unless a later enacted statute, enacted
before January 1, 2003, deletes or extends that date.
  SEC. 2.  Section 115800 is added to the Health and Safety Code, to
read:
   115800.  (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
   (b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
   (1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
   (2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
   (c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
   (d) This section shall become operative on January 1, 2003.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.