Staff Analysis of the Legislation
|
HOUSE JUDICIARY SUBSTITUTE:
This bill would amend Chapter 1 of Title 51 of the O.C.G.A. to limit liability for the governing authority of a school that has entered a joint-use agreement with a public or private entity on or after July 1, 2013. Definitions would include all items included within and without a facility, a public entity, a recreational joint-use agreement, and a school. The agreement would have to set forth the terms and conditions of the use of the facility, include a hold harmless provision in favor of the governing authority, be revocable at any time by the governing authority of the school, and require the public or private entity to maintain and provide proof of at least $1 million in liability insurance coverage effective for the duration of the agreement, and provide a citation that the agreement would be covered by this Code section. If all these conditions are met, the governing authority of the school would not be liable for damages to persons or property arising out of use of the joint-use agreement, nor any civil damages pertaining to the use of the facilities.
The original bill is a twin to SB 12 by Carter. |