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
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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
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