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HB 0382 - Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability

Tracking Level: Hot
Sponsor: Powell, Jay 171st
Last Action: 7/1/2013 - House - Effective Date
State Code Titles: 51
House Committee: Judy
Senate Committee: JUDY
Assigned To:
ContractsNext Bill
Local Board GovernanceNext Bill
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Staff Analysis of the Legislation

SUMMARY:  LC 29 5685S  Limits liability for school districts that enter into joint recreational use agreements with other public or private entities for the use of system-owned facilities.

REQUIREMENTS:  Such agreements:

  • relate to authorizing private entities to access facilities of a school for the purposes of conducting or engaging in recreational, physical, or performing arts activities
  • must set forth the terms and conditions of facility use
  • include a hold-harmless provision in favor of the school district
  • be revocable at any time by the school district
  • require the entity to maintain and provide proof of liability insurance with a minimum of $1 million

POINTS TO CONSIDER:  the school district shall not be deemed to have waived its sovereign immunity as to damages to persons or property arising out of the agreement.

EFFECTIVE DATE:  July 1, 2013 if approved by the General Assembly and Governor.

 


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