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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

DATE TYPED 1/24/05

HB

SHORT TITLE Public Skate Park Operator Liability Limits

SB 15

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

SOURCES OF INFORMATION

LFC Files

Responses Received From

Energy, Minerals & Natural Resources (EMNRD)

SUMMARY

Synopsis of Bill

Senate Bill 15 amends Section 41-4-6 NMSA 1978 by adding language exempting public em-

ployees from liability for damages in the operation or maintenance of a public skate park.

Significant Issues

SB 15 extends governmental immunity in ways that may encourage the construction and opera-

tion of state parks within city parks and additional state parks.

FISCAL IMPLICATIONS

Potential implications include immunity from liability for damages caused by negligence of state

employees while acting within the scope of their duties. This ultimately could save unknown

future public dollars.

Senate Bill 15 -- Page 2

ADMINISTRATIVE IMPLICATIONS

The State Parks Division (SPD) currently does not operate any skate park facilities. If SPD were

to operate skate park facilities in state parks, SB 15 would extend liability protection to SPD em-

ployees and therefore make it easier to offer skate park recreation opportunities in state parks, if

deemed appropriate by SPD.

TECHNICAL ISSUES

The term “skate” is not defined. It is unclear if the bill is intended to extend liability protection

for all types of skating activities, such as ice-skating, and roller skating, or skateboarding. All

three forms of skating can potentially take place in state and public parks.

The bill also does not define the term “public skate park.” It is therefore unclear if a “public

skate park” would include any skating-related facility within a state park, or just facilities built

specifically and only for skating.

DW/lg