Bill Text: GA SB484 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Torts; limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public/private entity

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2012-03-05 - Senate Read Second Time [SB484 Detail]

Download: Georgia-2011-SB484-Comm_Sub.html

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12 LC 21 1763S

The Senate Health and Human Services Committee offered the following substitute to SB 484:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, is amended by adding a new Code section to read as follows:

"51-1-52.

(a) As used in this Code section, the term:

(1) 'Facilities' means a school's buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, gardens, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition.

(2) 'Recreational joint-use agreement' means a written agreement between the governing authority of a school and a public or private entity authorizing such entity to access the facilities of a school under the governing authority's jurisdiction for the purposes of conducting or engaging in recreational or physical activity.

(3) 'School' means any public pre-kindergarten, elementary school, or secondary school.

(b) A recreational joint-use agreement shall:

(1) Set forth the terms and conditions of the use of a facility;

(2) Include a hold harmless provision;

(3) Be revocable at any time by the governing authority of the school; and

(4) Require the entity to maintain and provide proof of adequate liability insurance coverage effective for the duration of such agreement.

(c) The governing authority of a school, when operating pursuant to a recreational joint-use agreement, shall not be liable for any civil damages arising from the use of the school's facilities unless it is proven by clear and convincing evidence that injuries or damages arising from such use were caused by the gross negligence or willful or wanton misconduct of the school's governing authority.

(d) This Code section shall apply to causes of action arising on or after July 1, 2012."

SECTION 2.

This Act shall become effective on July 1, 2012.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.