🚀 go-pugleaf

April 10, 1995

Dear Open Space Supporter:

   The Midpeninsula Regional Open Space District is proposing a bill to add
mountain biking and paragliding to the list of hazardous recreational
activities under California Government Code Section 831.7.  This bill would
reduce a parks and/or open space agency's liability exposure for injury to
participants in either of these inherently hazardous activities. 

   Section 831.7 of the California Government Code already designates a
number of recreational activities as inherently hazardous, including water
activities, animal riding, hang gliding, rock climbing, and tree climbing, to
name a few.  Mountain bicycling has seen a dramatic increase in recent
years, along with a resultant increase in the number of solo bicycle accidents
on public lands.  Paragliding, essentially a form of hang gliding, is still
relatively rare but is an allowable activity on District lands (with a permit). 
It is so closely related to hang gliding that it is logical to designate it as
hazardous.

   Assemblyman Jim Cuneen (R-San Jose) has authored the bill, AB700,
which will have its first hearing in the Assembly Judiciary Committee on
April 19.  It would be extremely helpful if you would send a letter
supporting AB700 to the chair of that committee, Assemblyman Phillip
Isenberg,  with copies to all of the Committee members, and the author, Jim
Cuneen.  Attached is a sample letter of support that you may want to use as
a guide in preparing your own letter. 

   Obviously, time is of the essence and quick action would be appreciated. 
The bill will be heard at the Assembly Judiciary Committee on April 19. 
If you are able to provide a letter, please be sure to send copies to the
appropriate parties, as noted in the sample letter (names attached). I would
also appreciate receiving a copy.

   Please feel free to call me or Malcolm Smith if you have any questions
or if you�d like further information. Thank you for any assistance you may
be able to provide on this issue.

Sincerely,

       

L. Craig Britton
General Manager


                    SAMPLE LETTER OF SUPPORT FOR AB700
April 10, 1995

The Honorable Phillip Isenberg
Chair, Assembly Committee on Judiciary
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0001

RE:   Assembly Bill 700 (Cuneen)

Dear Assembly Member Isenberg:
   I am writing to express my strong support for AB700, introduced by
Assembly Member Jim Cuneen, which will add mountain bicycling and
paragliding to the list of hazardous recreational activities in the California
Government Code.

   The use of mountain bicycles on park and open space lands has increased
dramatically in the last few years. Due to the speed of these bicycles on
rough terrain, the regularity and increasing incidence of solo-bicycle
accidents (the majority requiring emergency response and medical
evacuation), and the desire by many riders to achieve a high speed on very
steep trails, this is an inherently dangerous activity. 

   Paragliding is a sport similar to hang gliding, except that the rider is
descending on a parachute instead of a glider. Paragliding, although still
fairly new, is increasing in use and is allowed by permit in a number of
parks and open space districts. Hang-gliding is already designated as a
hazardous activity in the California Government Code, and paragliding is
considered a class-3 form of hang gliding. It is a logical step to add
paragliding to this list.

   The proposed legislation would amend section 831.7 of the California
Government Code to designate both mountain bicycling and paragliding as
hazardous activities, thus helping to reduce a park or open space agency�s
liability for injury to participants in either of these inherently hazardous
activities. Without this additional liability protection, it is probable that
public agencies will be forced to close more and more of their lands to thses
activities, eventually depriving these recreationists access to many public
lands.  

	There are a number of recreational activities already identified in this
section of the California Government Code as inherently hazardous,
including water activities, animal riding, hang gliding, rock climbing, and
tree climbing, to name just a few. In the interest of making this code section
as comprehensive and complete as possible, it is important to provide further
liability protection for agencies which allow these activities on public lands.
This does not remove the liability of a public agency which would otherwise
exist if the entity fails to guard against or warn of a dangerous condition, or
negligence on the part of the agency. This bill is solely an update of this
code section to reflect an increasing variety of activities on public lands.

   I urge you to support AB700 when it comes before the Assembly
Judiciary Committee on April 19, 1995.
   Sincerely,
   
   cc:   Members, Assembly Judiciary Committee
      Assembly Member Jim Cuneen
      Brent Barnhart, Committee Consultant
      L. Craig Britton, General Manager, MROSD   


List of members, Assembly  Judiciary Committee
Bill Morrow
Barbara Alby
Marguerite Archie-Hudson
Jim Battin
Liz Figueroa
George House
Howard Kaloogian
Pete Knight
David Knowles
Wally Knox
Shiela James Kuehl
Kevin Murray
Byron Sher



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