BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 264|
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UNFINISHED BUSINESS
Bill No: SB 264
Author: Correa (D)
Amended: 6/27/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 4/26/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/23/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez,
Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 76-0, 7/14/11 (Consent) - See last page
for vote
SUBJECT : Recreational activities: skateboard parks
SOURCE : California Park and Recreation Society
DIGEST : This bill removes the sunset date on existing
law relative to skateboarding at a local public facility.
This bill also requires copies of the records of claims and
CONTINUED
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law suits be filed annually by local public agencies with
the legislature, as specified.
Assembly Amendments extend existing requirements for
maintaining records of injuries.
ANALYSIS : Existing law prohibits an operator of a
skateboard park from permitting any person to ride a
skateboard in the park unless that person is wearing a
helmet, elbow pads, and knee pads. Existing law further
describes how those requirements may be satisfied with
respect to a recreational skateboard facility owned and
operated by a local public agency, as specified. Existing
law, until January 1, 2012, further provides that
skateboarding at a public skateboard park is a hazardous
recreational activity, if all of specified conditions are
met, including if the person skateboarding is12 years of
age or older.
This bill continues indefinitely the latter provision
deeming skateboarding at a public skateboard park a
hazardous recreational activity.
Existing law, until January 1, 2012, requires a local
public agency to maintain a record of injuries incurred by
a skateboarder in a public skateboard park or facility and
all claims and lawsuits against the public agency arising
from those injuries. Existing law requires copies of those
records to be filed annually with the Judicial Council, and
existing law required the Judicial Council to submit a
specified report on those injuries, claims, and lawsuits to
the Legislature by March 31, 2011.
This bill extends the requirement to maintain those records
indefinitely, and also for injuries on and after January 1,
2012, apply the requirement to public skateboard parks
constructed on or after January 1, 1996.
This bill also requires copies of the records of claims and
lawsuits, beginning in 2013, to be filed annually with the
Assembly Judiciary Committee and the Senate Judiciary
Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: Yes
SUPPORT : (Verified 7/19/11)
California Park and Recreation Society (source)
American Society of Landscape Architects
California Association of Joint Powers Authorities
California State Association of Counties Excess Insurance
Authority
City of Garden Grove
City of Laguna Hills
League of California Cities
Skate Park Association International
ARGUMENTS IN SUPPORT : According to the author's office,
without repeal or extension of the sunset provision
contained in Health and Safety Code Section 115800, public
entities will face increased liability related to
skateboard parks and will no longer have incentive to build
and operate these facilities. In fact, a majority of
public entities, including the City of Garden Grove, could
be forced to close existing facilities because they do not
have fiscal resources to staff and monitor these facilities
commensurate with the increased liability.
This bill enables public entities to maintain their current
skateboard parks with less risk of liability. This may
result in greater recreational opportunities for the
citizens of California through the construction of new
skateboard parks and sport tournament promotion. The
enactment of this bill could also have a positive immediate
impact in local economies.
ASSEMBLY FLOOR : 76-0, 7/14/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning,
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Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Beth Gaines, Garrick, Gorell, Mitchell
RJG:do 8/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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