Bill Text: CA SB264 | 2011-2012 | Regular Session | Chaptered


Bill Title: Recreational activities: skateboard parks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-06 - Chaptered by Secretary of State. Chapter 232, Statutes of 2011. [SB264 Detail]

Download: California-2011-SB264-Chaptered.html
BILL NUMBER: SB 264	CHAPTERED
	BILL TEXT

	CHAPTER  232
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2011
	PASSED THE SENATE  AUGUST 15, 2011
	PASSED THE ASSEMBLY  JULY 14, 2011
	AMENDED IN ASSEMBLY  JUNE 27, 2011
	AMENDED IN ASSEMBLY  JUNE 20, 2011
	AMENDED IN SENATE  MAY 3, 2011

INTRODUCED BY   Senator Correa

                        FEBRUARY 10, 2011

   An act to amend and repeal Section 115800 of the Health and Safety
Code, relating to skateboard parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 264, Correa. Recreational activities: skateboard parks.
   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 is 12 years of age or
older.
   This bill would continue 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 constructed after 1998 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 would extend the requirement to maintain those records
indefinitely, and also would, for injuries on and after January 1,
2012, apply the requirement to public skateboard parks constructed on
or after January 1, 1996. The bill would also require copies of the
records of claims and lawsuits, beginning in 2013, to be filed
annually with the Assembly Committee on Judiciary and the Senate
Committee on Judiciary. By extending the requirement of that
recordkeeping, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 115800 of the Health and Safety Code, as
amended by Section 1 of Chapter 140 of the Statutes of 2006, is
amended to read:
   115800.  (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
   (b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
   (1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
   (2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
   (c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.
   (d) (1) Skateboarding at any facility or park owned or operated by
a public entity as a public skateboard park, as provided in
paragraph (3), shall be deemed a hazardous recreational activity
within the meaning of Section 831.7 of the Government Code if all of
the following conditions are met:
   (A) The person skateboarding is 12 years of age or older.
   (B) The skateboarding activity that caused the injury was stunt,
trick, or luge skateboarding.
   (C) The skateboard park is on public property that complies with
subdivision (a) or (b).
   (2) In addition to the provisions of subdivision (c) of Section
831.7 of the Government Code, nothing in this section 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 pursuant to Chapter 2
(commencing with Section 830) of Part 2 of Division 3.6 of Title 1
of the Government Code. However, nothing in this section is intended
to abrogate or limit any other legal rights, defenses, or immunities
that may otherwise be available at law.
   (3) (A) Except as provided in subparagraph (B), for public
skateboard parks that were constructed on or before January 1, 1998,
this subdivision shall apply to hazardous recreational activity
injuries incurred on or after January 1, 1998, and before January 1,
2001. For public skateboard parks that are constructed after January
1, 1998, this subdivision shall apply to hazardous recreational
activity injuries incurred on or after January 1, 1998. For purposes
of this subdivision, any skateboard facility that is a movable
facility shall be deemed constructed on the first date it is
initially made available for use at any location by the local public
agency.
   (B) For public skateboard parks that were constructed after
January 1, 1996, and before January 1, 1998, this subdivision shall
apply to hazardous recreational activity injuries incurred on or
after January 1, 2012.
   (4) The appropriate local public agency shall maintain a record of
all known or reported injuries incurred by a skateboarder in a
public skateboard park or facility. The local public agency shall
also maintain a record of all claims, paid and not paid, including
any lawsuits and their results, arising from those incidents that
were filed against the public agency. Beginning in 2013, copies of
the records of claims and lawsuits shall be filed annually, no later
than January 30 each year, with the Assembly Committee on Judiciary
and the Senate Committee on Judiciary.
   (5) (A) Except as provided in subparagraph (B), this subdivision
shall not apply on or after January 1, 2001, to public skateboard
parks that were constructed on or before January 1, 1998, but shall
continue to apply to public skateboard parks that are constructed
after January 1, 1998.
   (B) On and after January 1, 2012, this subdivision shall apply to
public skateboard parks that were constructed on or after January 1,
1996.
  SEC. 2.  Section 115800 of the Health and Safety Code, as amended
by Section 2 of Chapter 140 of the Statutes of 2006, is repealed.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
               
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