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 FN 036007