BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 634|
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THIRD READING
Bill No: AB 634
Author: Harkey (R)
Amended: 1/7/10 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/10/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 71-0, 1/19/10 - See last page for vote
SUBJECT : Hazardous recreational activities: SCUBA
diving
SOURCE : California Ships to Reefs, Inc.
DIGEST : This bill adds self-contained underwater
breathing apparatus diving to the list of hazardous
recreational activities and, as a result, provides a
qualified immunity for public entities and public employees
from damages for injuries sustained by those divers on
public property.
ANALYSIS : Existing law shields public entities and
public employees from liability to any person participating
in a hazardous recreational activity, including voluntary
spectators who recognized the substantial risk of injury
due to the activity.
Existing law provides that the above provision does not
limit liability that would otherwise exist for, among other
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things: (1) failure to warn of a known dangerous
condition; (2) damage or injury suffered in any case where
permission to participate in the activity was granted for a
fee, as specified; (3) negligent failure of the public
entity or employee to properly construct or maintain in
good repair any structure, recreational equipment or
machinery, or substantial work of improvement; (4) reckless
or gross negligence promotion of participation in or
observance of a hazardous recreational activity; and (5)
gross negligence that is the proximate case of the injury.
Existing law 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. Specific codified hazardous
recreational activities include hang gliding, kayaking,
motorized vehicle racing, pistol and rifle shooting, rock
climbing, racketeering, spelunking, sky diving, sport
parachuting, and paragliding.
This bill adds "self-contained underwater breathing
apparatus (SCUBA) diving" to the list of specific codified
activities that constitute a "hazardous recreational
activity."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/14/10)
California Ships to Reefs, Inc. (source)
Cities of: Dana Point, Monterey, Morro Bay
County of Orange Board of Supervisors
Civil Justice Association of California
Diving Unlimited International, Inc.
Northern California Oceans Foundation
ARGUMENTS IN SUPPORT : According to California Ship to
Reefs (CSTR), sponsor, "AB 634 is solely intended to
protect state and local governments from liability
associated with SCUBA diving. SCUBA diving is an
inherently dangerous activity, acknowledged when divers
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routinely sign waivers upon boarding dive charter boats.
Hazards include out-of-air emergencies, decompression
illness (the bends), nitrogen narcosis (rapture of the
deep) and oxygen toxicity. Such waivers generally include
the state and local government. Diving on and penetration
of structures such as sunken ships is even more hazardous,
requiring special training and equipment beyond that for
normal SCUBA. SCUBA diving requires training and
certification at every level. There are at least 3
ship-based artificial reefs in California waters or under
State control on which diving and penetrations are being
made.
"Unfortunately, there are a small number of divers who will
dive a ship or structure on their own and not be properly
trained, experienced or equipped, who trigger the need for
AB 634. There is direct evidence that divers are accessing
artificial reefs from private boats without signing
waivers."
The author's office additionally notes that the intent of
this bill is to protect state and local governments from
liability associated with SCUBA diving in their waters,
particularly on ship-based artificial reefs.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Buchanan, Caballero, Chesbro, Conway, Cook,
Coto, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Brownley, Charles Calderon, Carter,
Davis, Hall, Bonnie Lowenthal, Bass
RJG:do 6/14/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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