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ENGROSSED
SENATE BILL 5109
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 01/13/1999.
Referred to Committee on Education.
Creating
limited immunity for school districts.
AN
ACT Relating to immunity for school districts that make their facilities
available to certain private nonprofit groups serving youth; adding a new
section to chapter 28A.335 RCW; adding a new section to chapter 4.24 RCW;
creating a new section; and providing an effective date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature intends to expand the opportunities of children to take advantage
of services of private nonprofit groups by encouraging the groups' use of
public school district facilities to provide programs to serve youth in the
facilities. The legislature intends the very limited grant of immunity
provided in this act to encourage such use, but only under the circumstances
set forth in this act.
NEW
SECTION. Sec. 2. A
new section is added to chapter 28A.335 RCW to read as follows:
In
order to facilitate school districts permitting the use of school buildings for
use by private nonprofit groups operating youth programs, school districts
shall have a limited immunity in accordance with section 3 of this act.
Nothing in section 3 of this act, including a school district=s failure to require a private nonprofit group to have
liability insurance, broadens the scope of a school district=s liability.
NEW
SECTION. Sec. 3. A
new section is added to chapter 4.24 RCW to read as follows:
(1)
A school district shall not be liable for an injury to or the death of a person
due to action or inaction of persons employed by, or under contract with, a
youth program if:
(a)
The action or inaction takes place on school property and during the delivery
of services of the youth program;
(b)
The private nonprofit group provides proof of being insured, under an accident
and liability policy issued by an insurance company authorized to do business
in this state, that covers any injury or damage arising from delivery of its
services. Coverage for a policy meeting the requirements of this section must
be at least fifty thousand dollars due to bodily injury or death of one person,
or at least one hundred thousand dollars due to bodily injury or death of two
or more persons in any incident; and
(c)
The group provides proof of such insurance before the first use of the school
facilities. The immunity granted shall last only as long as the insurance
remains in effect.
(2)
Immunity under this section does not apply to any school district before
January 1, 2000.
(3)
As used in this section, "youth programs" means any program or
service, offered by a private nonprofit group, that is operated primarily to
provide persons under the age of eighteen with opportunities to participate in
services or programs.
(4)
This section does not impair or change the ability of any person to recover
damages for harm done by: (a) Any contractor or employee of a school district
acting in his or her capacity as a contractor or employee; or (b) the existence
of unsafe facilities or structures or programs of any school district.
NEW SECTION. Sec. 4. This
act takes effect January 1, 2000.
