BILL ANALYSIS
SENATE RULES COMMITTEE AB 1296
Office of Senate Floor Analyses
1020 N Street, Suite 524
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THIRD READING
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Bill No: AB 1296
Author: Morrow (R), et al
Amended: 8/29/97 in Senate
Vote: 21
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SENATE JUDICIARY COMMITTEE : 9-0, 7/15/97
AYES: Burton, Calderon, Haynes, Lee, Leslie, Lockyer,
O'Connell, Sher, Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 58-9?5/22/97 - See last page for vote
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SUBJECT : Public entity hazardous recreational activity
immunity:
skateboarding
SOURCE : California Association of Joint Powers
Authorities
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DIGEST : This bill would add "skateboarding" to the list
of "hazardous recreational activities" for which a public
entity is immune from liability when a person engaged in
that recreational activity on public property is injured.
ANALYSIS : Under the Tort Claims Act, a public entity may
be held liable for a dangerous condition of public property
when the following essential elements are proven:
1.The property was in a dangerous condition at the time of
the injury;
2.The plaintiff's injury was proximately caused by the
dangerous condition;
3.The injury that occurred was reasonably foreseeable as a
result of the dangerous condition; and,
4.The public entity either had actual or constructive
notice of the condition a sufficient time before the
injury to take reasonable measures to prevent the injury,
or the condition was created by a public employee's
negligent or wrongful act or omission.
The Act also provides that the happening of the accident
causing the plaintiff's injury "is not in and of itself
evidence that public property was in a dangerous
condition."
Notwithstanding the above, a qualified immunity is
conferred upon public entities for injuries incurred by
persons participating in a "hazardous recreational
activity" on public property which "creates a substantial
(as distinguished from a minor, trivial, or insignificant)
risk of injury. " Such activities include various water
activities including diving and boating, animal riding,
archery, bicycle racing or jumping, cross-country and
downhill skiing, mountain bicycling, hang gliding,
kayaking, motorized vehicle racing or off-road
motorcycling, orienteering, pistol and rifle shooting, rock
climbing, surfing, trampolining, tree climbing, tree rope
swinging, water-skiing, whitewater rafting, and wind
surfing. "Mountain bicycling" does not include riding a
bicycle on paved pathways, roadways, or sidewalks.
The immunity does not apply under the following
circumstances:
1.The public entity fails to warn of a "known dangerous
condition" that is not reasonable assumed by the
participant as inherently a part of the hazardous
recreational activity.
2.The injury arises out of an activity for which a "fee"
was charged. The term "fee" does not include "general
purpose" charges such as park fees, parking fees, or
permit fees.
3.The injury was caused by the public entity's failure to
"properly construct or maintain" any structure,
equipment, or machinery utilized in the activity.
4.The injury was caused by the public entity's reckless or
grossly negligent promotion of the activity.
5.The injury was caused by the gross negligence of the
public entity.
Existing law provides that no public entity or public
employee is liable to any person (and any assistant of the
participant or spectator) who "participates in a hazardous
recreational activity" for any personal injury or property
damage arising out of that hazardous recreational activity.
This bill would add "skateboarding" to the list of
"hazardous recreational activity" for which the public
entity enjoys a qualified immunity from liability.
The bill would provide that skateboarding at any facility
or park owned or operated by a public entity as a public
skateboard park shall be deemed a hazardous recreational
activity if all of the following conditions are met:
1.The person skateboarding is 14 years or age or older.
2.The skateboarding activity that caused the injury was
stunt, trick or luge skateboarding.
3.The skateboard park is on public property.
The bill would further provide that in addition to the
provisions of existing law, 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.
For public skateboard parks constructed on or before
January 1, 1998, these provisions would apply to hazardous
recreational activity injuries incurred on or after January
1, 1998 and before January 1, 2001. For public skateboard
parks constructed after January 1, 1998, this bill would
apply to hazardous recreational activity injuries incurred
on or after January 1, 1998 and before January 1, 2003.
For purposes of this bill, any skateboard facility that is
a movable facility would be deemed constructed on the first
date that it is initially made available by the local
public agency for use at any location.
The bill would require the appropriate local public agency
to maintain a record of all known or reported injuries
incurred by a skateboarder in a public skateboard park or
facility. The local public agency would also be required
to maintain a record of all claims, paid and not paid,
including lawsuits and their results, arising from those
incidents that were filed against the public entity.
Beginning in 1999, copies of these records would be
required to be filed annually, no later than January 30 of
each year, with the Judicial Council, which would be
required to submit a report to the Legislature on or before
March 31, 2000 on the incidences of injuries incurred,
claims asserted and the results of any lawsuit filed, by
persons injured while skateboarding in public skateboard
parks or facilities.
The bill would make this provision inapplicable, on or
after January 1, 2001, to public skateboard parks that were
constructed on or before January 1, 1998, but would
continue to apply this provision to pubic skateboard parks
that are constructed after January 1, 1998.
This bill would sunset on January 1, 2003.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/29/97)
California Association of Joint Powers Authorities (source)
Association for California Tort Reform
Association of California Water Agencies
CA Business Properties Association
California Joint Powers Insurance Authority
California Park and Recreation Society
California State Association of Counties
Cities of Agoura Hills, Apple Valley, Berkeley, Camarillo,
Carlsbad,
Cerritos, Chino Hills, Chula Vista, Claremont, Corona,
Coronado, Covina,
Culver City, Dana Point, Dinuba, Downey, El Cajon,
Fullerton, Glendale,
Glendora, Hayward, Huntington Beach, Imperial Beach, La
Mirada, Laguna
Hills, Lodi, Loma Linda, Los Alamitos, Millbrae, Modesto,
Moreno Valley,
Mountain View, Novato, Orange, Oroville, Palmdale, Palo
Alto,
Pleasanton, Poway, Rancho Mirage, Rio Vista, Rohnert
Park, Roseville,
San Luis Obispo, Santa Ana, Santa Barbara, Santa Cruz,
Santa Fe Springs
Santa Rosa, Santee, Sonoma, South Lake Tahoe, St. Helena,
Taft, Temecula,
Torrance, Tracy, Ukiah, Visalia, Walnut Creek, Willits,
and Windsor
Conejo Recreation & Park District
East Bay Municipal Utility District
Glenn County Board of Supervisors
Glenn County Joint Powers Authority
High Speed Productions, Inc.
League of California Cities
Marin County
North Bay Schools Insurance Authority
Northcountry Clinic (Arcata)
Pleasant Valley Recreation and Park District
RJM Design Group, Inc.
Redwood Empire Schools' Insurance Group
Sunrise Recreation and Park District
Thousand Oaks/Conejo Valley Chamber of Commerce
759 individuals
ARGUMENTS IN SUPPORT : The California Association of
Joint Powers Authorities (CAJPA), sponsor of AB 1296,
asserts that skateboarding is an increasingly popular
activity which takes place primarily on public property
such as state and city owned facilities, streets,
sidewalks, and on school grounds as well as public parks.
The proponent asserts that skateboarding is a relatively
uncontrollable activity and the pursuit of this activity on
public property brings with it public liability. The City
of Moreno Valley, in support of AB 1296, states that it
recently spent approximately $31,000 to defend and settle a
case involving an injured skateboarder. (The specific
details of the case were not provided.)
CAJPA points out that most public entities self-insure for
much of their potential liability. Activities such as
skateboarding generally are not covered by commercial
insurance in any event because of the recognized dangers of
skateboarding.
Proponents, numerous cities and park districts, assert that
deeming skateboarding to be a "hazardous recreational
activity" would relieve districts, local governments and
the state from liability for a relatively uncontrollable
activity. In addition, it might encourage the public
entity to build "skateboard" parks or facilities where the
participants understand the risks and conditions, and
taxpayer funds are not in jeopardy for extreme liabilities
over which there is no control. Proponents contend that
passage of this bill would encourage cities and recreation
and park districts to construct new skateboard parks if the
threat of liability due to the nature of the activity were
reduced.
ASSEMBLY FLOOR :
AYES: Ackerman, Aguiar, Alby, Alquist, Aroner, Ashburn,
Baca, Baldwin, Battin, Baugh, Bordonaro, Bowen, Bowler,
Brewer, Brown, Campbell, Cardoza, Cunneen, Davis,
Firestone, Frusetta, Gallegos, Goldsmith, Granlund,
Hertzberg, House, Kaloogian, Keeley, Kuykendall, Leach,
Leonard, Margett, Mazzoni, McClintock, Miller, Morrissey,
Morrow, Olberg, Oller, Ortiz, Papan, Poochigian, Prenter,
Pringle, Richter, Runner, Scott, Strom-Martin, Sweeney,
Takasugi, Thompson, Thomson, Torlakson, Vincent, Wildman,
Woods, Wright, Bustamante
NOES: Escutia, Floyd, Havice, Knox, Kuehl, Martinez,
Migden, Perata, Villaraigosa
NOT VOTING: Caldera, Cardenas, Ducheny, Figueroa, Honda,
Lempert, Machado, Murray, Napolitano, Pacheco, Shelley,
Washington, Wayne
RJG:ctl 8/29/97 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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