BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1179|
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THIRD READING
Bill No: SB 1179
Author: Morrow (R)
Amended: 5/16/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/9/06
AYES: Dunn, Morrow, Ackerman, Escutia, Kuehl
SUBJECT : Recreational activities: skateboarding
SOURCE : Author
DIGEST : This bill extends by four years the existing
sunset for the existing legal liability protections for
cities, counties and other public agencies that build
public skateboard parks. This bill also lowers the minimum
age for skateboarders in public skateboard parks from 14
years of age to 12 years of age.
ANALYSIS : Existing law sets forth the guidelines than an
operator of a skateboard park must follow as well as the
requirements with respect to a facility owned and operated
by a local public agency.
Existing law provides that a public skateboard park shall
be deemed a "hazardous recreational activity for various
reasons, one of which, the person skateboarding is 14 years
of age or older." [Section 115800 of the Health and Safety
Code]
CONTINUED
SB 1179
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This bill lowers the minimum age for skateboarders covered
under Section 115800 from 14 years of age to 12 years of
age. This bill extends the sunset date that the above
provision applies from January 1, 2008, until January 1,
2012.
Existing law requires the Judicial Council of California to
submit a report to the Legislature on or before March 31,
2007, relative to incidences of injuries incurred, claims
asserted and the results of any lawsuits filed by persons
injured while skateboarding in public skateboard parks or
facilities.
This bill extends the date that the report must be
submitted from March 31, 2007, until March 31, 2011.
Prior Legislation
AB 1296 (Morrow), Chapter 573, Statutes of 1997, provided
that skateboarding at a public skateboard park is a
hazardous recreational activity 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.
SB 994 (Morrow), Chapter 409, Statutes of 2002, extended
the sunset provision established by AB 1296 (Morrow).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/16/06)
California Association of Joint Powers Authorities
California State Association of Counties
City of Arcadia
City of Lake Forest
City of Moreno Valley
City of Santa Barbara
Civil Justice Association of California
International Association of Skateboard Companies
League of California Cities
Mayor of the City of Concord
SkatePark Association United States of America
SB 1179
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3
Tony Hawk Foundation
ARGUMENTS IN SUPPORT : The author notes that "numerous
local governments have built skateboarding parks to provide
skateboarders appropriate venues for plying their skills."
Further, the author states that existing law "provides
these local governments liability protection less than the
protection offered to [hazardous recreational activities]
listed in the Gov[ernment] Code." In support, the
International Association of Skateboard Companies states
that "public entities are left vulnerable by [these]
technicalities?and are consequently hesitant to construct
more skateparks."
The City of Santa Barbara states that this bill "would
enable public entities to maintain their current skateboard
parks with less risk of liability and may result in greater
recreational opportunities for the citizens of California
through the construction of new skateboard parks."
Additionally, supporters contend that skateboarding parks
have the incidental effect of reducing the amount of
children who skateboard on city streets and parking lots.
In contrast, the United States Consumer Product Safety
Commission warns parents that "[s]kateboarding in the
street can result in collisions with cars causing serious
injury and even death."
RJG:mel 5/16/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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