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| 2 | 2 | | |
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| 3 | 3 | | LCO No. 4226 1 of 2 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 864 |
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| 6 | 6 | | January Session, 2019 |
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| 7 | 7 | | LCO No. 4226 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on JUDICIARY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (JUD) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING LI ABILITY FOR INJURIES OCCURRING IN A |
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| 20 | 20 | | SKATEBOARD PARK OR A DOG PARK MAINTAINED BY A |
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| 21 | 21 | | MUNICIPALITY. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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| 23 | 23 | | Assembly convened: |
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| 24 | 24 | | |
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| 25 | 25 | | Section 1. (NEW) (Effective October 1, 2019) Each person engaged in 1 |
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| 26 | 26 | | skateboarding activities at a municipally maintained skateboard park 2 |
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| 27 | 27 | | shall assume the risk and legal responsibility for any injury to his or 3 |
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| 28 | 28 | | her person or property arising out of the hazards inherent with the 4 |
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| 29 | 29 | | activity of skateboarding, unless the injury was proximately caused by 5 |
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| 30 | 30 | | the municipality's failure to guard or warn against a dangerous 6 |
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| 31 | 31 | | condition, use or structure at the municipally maintained skateboard 7 |
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| 32 | 32 | | park. 8 |
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| 33 | 33 | | Sec. 2. (NEW) (Effective October 1, 2019) A municipality that makes 9 |
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| 34 | 34 | | part of the municipality's land available to the public without charge, 10 |
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| 35 | 35 | | rent, fee or other commercial service for use as a dog park shall be 11 |
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| 36 | 36 | | immune from liability in any civil action that results from injury to any 12 |
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| 37 | 37 | | person or property at such dog park unless such injury was 13 |
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| 38 | 38 | | proximately caused by the negligence of the municipality for failing to 14 Raised Bill No. 864 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 4226 2 of 2 |
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| 43 | 43 | | |
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| 44 | 44 | | guard or warn against a dangerous condition, use, structure or activity 15 |
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| 45 | 45 | | at the municipality's dog park. 16 |
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| 46 | 46 | | This act shall take effect as follows and shall amend the following |
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| 47 | 47 | | sections: |
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| 48 | 48 | | |
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| 49 | 49 | | Section 1 October 1, 2019 New section |
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| 50 | 50 | | Sec. 2 October 1, 2019 New section |
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| 51 | 51 | | |
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| 52 | 52 | | Statement of Purpose: |
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| 53 | 53 | | To reduce a municipality's potential exposure for liability for injuries |
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| 54 | 54 | | occurring in a municipally maintained skateboard park or dog park. |
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| 55 | 55 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 56 | 56 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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| 57 | 57 | | not underlined.] |
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| 58 | 58 | | |
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