BILL NUMBER: SB 264CHAPTERED 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.