DATE: March 19, 2002
TO: Board of Supervisors
SUBJECT: SUPPORT FOR SB 994 (MORROW) TO PROVIDE PUBLIC AGENCIES WITH LIMITED IMMUNITY FROM LIABILITY AT PUBLIC SKATEBOARD PARKS

SUMMARY:
Overview
Legislation vital to the ability of public agencies to operate public skateboard parks for our youth is currently being considered in the California State Senate (SB 994 (Morrow)). Current law governing public skateboard parks provides public agencies with limited immunity from liability as long as certain criteria are met, but the existing law sunsets on January 1, 2003. SB 994 (Morrow), if approved, would amend the pertinent Health and Safety Code statute to extend the sunset date to January 1, 2008.

Recommendations:
SUPERVISOR JACOB: 1. Direct the Chief Administrative Officer and the County's Sacramento Representative to advocate the County's support for SB 994 (Morrow) regarding skateboard park liability to appropriate members of the Legislature and Administration. 2. Direct the Chief Administrative Officer to draft a letter, to be signed by the Chairman of the Board of Supervisors, stating the County of San Diego's position and encouraging the 18 cities within San Diego County as well as the other cities in California and the other 57 counties in California to
support this bill. 3. Direct the Chief Administrative Officer to work with the author of SB 994 (Morrow) to amend the bill, lowering the minimum user age from 14 years, in order to provide additional protection for public agencies.

Fiscal Impact
There is no fiscal impact related to this proposal.

BACKGROUND:
Skateboarding is one of the most popular sports in America among youth today. California is the home of skateboarding, and the numbers of skateboard enthusiasts are growing rapidly. Several skateboard parks
are being built in San Diego County alone. The Cities of Santee, Vista, Escondido, Encinitas, and San Diego already have public skateboard parks in operation, and in District Two alone, skateboard parks are being planned or are already under construction in El Cajon, La Mesa, Poway, and Julian.

Legislation vital to the ability of public agencies to continue to build and operate public skateboard parks for our youth is currently being considered in the California State Senate (SB 994 (Morrow)). Current law governing public skateboard parks provides public agencies with limited immunity from liability as long as certain criteria are met, but the existing law sunsets on January 1, 2003. SB 994 (Morrow), if approved, would amend the pertinent Health and Safety Code statute to extend the sunset date to January 1, 2008.

One tenet of the proposed legislation merits further consideration. Under the current Health and Safety Code statute, a public agency is exempt from liability if and only if all of the following conditions are met: the public agency has adopted an ordinance requiring any person riding a skateboard at the facility to wear a helmet, knee pads, and elbow pads; the public agency has posted signage at the facility that notifies skateboarders of these requirements; the skateboard park is on public property; the skateboarding activity is luge skateboarding, a stunt, or a trick; and the person skateboarding is 14 years of age or older.

As skateboarding is a sport practiced by children much younger than 14, it is unreasonable and impractical for public agencies to require skateboard park users to be at least 14 years old to escape the risk of liability. Lowering the minimum age from 14 would provide extra protection for public agencies, thereby allowing more youth to participate in this thoroughly popular sport.

SB 994 (Morrow) certainly deserves our support, so that public agencies may retain the protection they need to keep building and maintaining skateboard parks for the youth of San Diego County.

I urge your support.

Respectfully submitted,

DIANNE JACOB
Supervisor, Second District