12 LC 29
5178
Senate
Bill 484
By:
Senators McKoon of the 29th, Unterman of the 45th, Hamrick of the 30th, Rogers
of the 21st and Shafer of the 48th
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
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.