BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 1296  
                                                         Page 1

CONCURRENCE IN SENATE AMENDMENTS
AB 1296 (Morrow)
As Amended August 29, 1997
Majority vote

  ASSEMBLY: 58-9  (May 22, 1997)  SENATE:  37-0  (September 4, 1997)   
 

Original Committee Reference:   JUD.  

  SUMMARY  :  Adds "skateboarding" to the list of "hazardous  
recreational activities" (HRAs) for which a public entity is  
immune from liability when a person engaged in that recreational  
activity on public property is injured.  Specifically,  this bill  ,  
among other things:

1) Provides that the immunity provisions referenced above only  
   apply if all of the following criteria are met:

    a)  The skateboarding is at any facility or park owned or  
       operated by a public entity as a public skateboard park, as  
       specified;

    b)  The person skateboarding is 14 years of age or older;

    c)  The skateboarding activity that caused the injury was  
       stunt, trick, or luge skateboarding; and

    d)  The skateboard park is on public property. 

2) Provides that nothing in the bill 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.

3) Requires appropriate local public agencies to maintain a record  
   of all known or reported injuries incurred by a skateboarder 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  
   (JC) annually, beginning in 1999.  It also requires JC to  
   submit a report to the Legislature on or before March 31, 2000,  
   regarding the results of the reports from the local public  
   agencies.

4) Provides that this bill would sunset on January 1, 2003. 

  The Senate amendments  delete the Assembly version of the bill and  
replace it with the more detailed provisions listed above.

  EXISTING LAW  : 

1) Provides that public entities and public employees are not  
   liable to any person who participates in an HRA, including any  
   person who assists the participant, or to any spectator who  
   knew or reasonably should have known that the HRA created a  







                                                          AB 1296  
                                                         Page 2

   substantial risk of injury to himself or herself and was  
   voluntarily in the place of risk. 

2)  Defines an HRA as a recreational activity conducted on the  
property of a public entity which creates a substantial risk of  
injury to a participant 
or spectator.  Certain activities are specifically designated as  
HRAs.  These include:  a) animal riding; b) bicycle racing or  
jumping; c) mountain bicycling; d) off-road motorcycling or  
four-wheel driving of any kind; e) motorized vehicle racing; f)  
tree climbing; g) surfing; and h) diving from places other than a  
diving board.

3)  Provides that the immunity from liability to persons  
participating in an HRA does not limit liability in a number of  
specified situations, including where the injury is caused by the  
public entity's or employee's negligent failure to properly  
construct or maintain any structure, recreational equipment or  
machinery utilized in the HRA.  

  AS PASSED BY THE ASSEMBLY  , this bill revised the list of HRAs to  
include skateboarding.

  FISCAL EFFECT  :  None

  COMMENTS  :  The many public entities and skateboard enthusiasts who  
support this bill argue that the risks inherent in skateboarding  
are similar to the risks inherent in the other HRAs for which  
public entities and employees have a qualified immunity from  
liability.  Specifically, they argue that skateboarding poses  
risks similar to those posed by mountain biking, horseback riding,  
surfing and tree climbing.

Manufacturers of skateboard equipment and skateboarders support  
this bill because they believe it will encourage public agencies  
to build skateboard parks.  Many public agencies would like to  
build skateboard parks as a means of confining skateboarding  
activities to the park and discouraging or prohibiting  
skateboarding in areas where it can conflict with pedestrian and  
vehicular uses.  


  Analysis prepared by  :  Daniel A. Pone / ajud / (916) 445-4560 

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