Bill Text: CA AB874 | 2009-2010 | Regular Session | Amended

California Assembly Bill 874 (Prior Session Legislation)

Bill Title: Recreational activities: skateboarding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-29 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB874 Detail]

Download: California-2009-AB874-Amended.html

BILL NUMBER: AB 874	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 26, 2009

   An act to amend Section 115800 of the Health and Safety Code,
relating to recreational activities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 874, as amended, Saldana. Recreational activities:
skateboarding.
   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 or operated by a
local agency, as specified.  Existing law also requires local
public agencies to maintain a record of all known or reported
injuries incurred by skateboarders in a public skateboard park or
facility, and other information regarding these incidents, as
specified, and requires that copies of those records be filed
annually with the Judicial Council, which is required to submit a
report to the Legislature by March 31, 2011, on these incidents,
including claims arising therefrom. 
   This bill would remove the requirement that any person riding a
skateboard in the park must wear elbow pads and knee pads.  This
bill would also remove the requirement that local public agencies
maintain and file records regarding skateboard injuries and delete
the requirement that the Judicial Council submit a report to the
Legislature on these incidents. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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.
   (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.
   (2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet 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) 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, and before January 1, 2012. 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.

   (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 1999, copies of
these records shall be filed annually, no later than January 30 each
year, with the Judicial Council, which shall submit a report to the
Legislature on or before March 31, 2011, 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.  
   (5) 
    (4)  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.
   (e) This section shall remain in effect until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, enacted
before January 1, 2012, deletes or extends that date.
  SEC. 2.  Section 115800 of the Health and Safety Code, as amended
by Section 2 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.
   (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.
   (2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet 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) This section shall become operative on January 1, 2012.