Bill Text: MS SB2488 | 2012 | Regular Session | Engrossed
Bill Title: School premises liability; provide for shared use and public access to school buildings.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2012-04-11 - Died On Calendar [SB2488 Detail]
Download: Mississippi-2012-SB2488-Engrossed.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education
By: Senator(s) Massey, Smith, Polk, Tollison
Senate Bill 2488
(As Passed the Senate)
AN ACT RELATING TO SCHOOL PREMISES LIABILITY TO PROVIDE FOR SHARED USE AND PUBLIC ACCESS TO EXTERIOR SCHOOL BUILDINGS FOR SPORTS OR RECREATIONAL PURPOSES; TO PROVIDE IMMUNITY FROM LIABILITY SCHOOL DISTRICTS UNDER CERTAIN CIRCUMSTANCES; TO EXEMPT RECREATION PARTICIPANTS FROM TRESPASS; TO PROVIDE LEGISLATIVE FINDINGS; TO PROVIDE DEFINITIONS; TO PROVIDE FOR RULEMAKING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Findings and intent. (1) The Legislature finds that:
(a) According to studies released by the Centers for Disease Control and Prevention:
(i) Overweight and obese children experience the same risk factors associated with heart disease in adults such as high blood pressure, high cholesterol levels, and Type 2 diabetes, once referred to as adult-onset diabetes;
(ii) Every year, an estimated Three Hundred Thousand (300,000) people in America die because of diseases caused by being overweight and obese;
(iii) Studies have shown that up to eighty percent (80%) of overweight adolescents become overweight adults;
(iv) Fourteen percent (14%) of deaths from cancer in men and twenty percent (20%) of cancer deaths in women are because of being overweight and obese; and
(v) The annual economic impact in the United States from obesity on our health care system is estimated at One Hundred Forty-Seven Billion Dollars ($147,000,000,000.00).
(b) According to the National Survey of Children's Health, Mississippi's childhood obesity rates are the highest in the Nation;
(c) A recent study by a major insurance carrier stated that fifty percent (50%) of all Americans will have diabetes by the year 2020 costing the health care system approximately $3.35 Trillion Dollars if current trends in obesity are not abated; and
(d) According to the "Journal of Nutrition Education and Behavior," adults with a household member who participated in a community garden consumed fruits and vegetables 1.4 more times per day than those who did not participate, and they were 3.5 times more likely to consume fruits and vegetables at least five (5) times daily.
(2) Accordingly, the Legislature declares that the intent of this act is to make school property available to community members during nonschool hours for recreational activities to support active living, reduce obesity, reduce health care costs associated with obesity, increase community safety, maximize community resources, and promote community support for schools.
SECTION 2. Definitions. The following words and phrases, whenever used in this act, shall be construed as defined in this section:
(a) "Recreation" means any indoor or outdoor game or activity, either organized or unorganized, undertaken for exercise, relaxation, diversion, sport or pleasure.
(b) "School property" means all indoor or outdoor structures, facilities, and land, whether owned, rented or leased by the school or school district.
(c) "Sport" means an activity requiring physical exertion and skill, and which, by its nature and organization is competitive, and generally accepted as being a sport.
(d) "Shared Use Agreement" means a legal agreement that defines the rights and responsibilities of the school district and another organization or government agency for use of the school facilities for recreation or other purpose of importance to the community.
SECTION 3. Provisions. (1) A school district may allow the public use of indoor or outdoor school property during nonschool hours for recreational purposes or sports. The school district will ensure that the use of school facilities does not interfere with their use for school purposes.
(2) A school district or school personnel will not be liable for any claim from a loss or injury arising from the use of indoor or outdoor school property or facilities made available for public recreation or sports.
SECTION 4. Limitation on school premises liability. This chapter does not relieve a school district or school personnel of liability which would otherwise exist for "gross negligence or willful or wanton misconduct."
SECTION 5. Implementation. (1) School districts are strongly encouraged to enter into shared use agreements with community organizations and/or local governments.
(2) The Department of Education, in consultation with the State Department of Health, will develop a toolkit for school districts. This toolkit will include:
(a) Information outlining liability protections for both the school district and school personnel for injuries resulting from community recreational use of school property or facilities during nonschool hours;
(b) Model Shared-Use Agreement language;
(c) A list of technical assistance resources available for the school districts to promote community recreational use of school property or facilities during nonschool hours;
(d) A list of potential community partners for Shared-Use Agreements; and
(e) A list of any grants or funding opportunities available to the school districts to promote community recreational use of school property or facilities during nonschool hours.
This toolkit will be posted on the State Department of Education and State Department of Health websites. The Department of Education shall review the information required by this section no less than every two (2) years and update it as necessary.
(3) The Department of Education, in consultation with the State Department of Health, will provide a link on the website to any school district policies or procedures that promote community recreational use of school property or facilities to encourage information sharing among the school districts.
(4) School districts, in consultation with the School Health Council, will address community recreational use of school property or facilities during nonschool hours.
SECTION 6. This act shall take effect and be in force from and after July 1, 2012.
