Bill Text: OH HB290 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regarding the use of school district premises by members of the public and immunity from civil liability for a school district and schools when permitting members of the public to use school premises, regarding the use of results of an inspection of a nursing home or the results of a Medicare or Medicaid survey of a nursing facility in an advertisement, regarding the continued orderly operation of the courts in case of a disaster, civil disorder, or other extraordinary circumstance, and regarding the limitation of claims arising out of skilled nursing care or personal care services provided in a home.

Spectrum: Moderate Partisan Bill (Republican 24-7)

Status: (Passed) 2014-12-19 - Governor' Action [HB290 Detail]

Download: Ohio-2013-HB290-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 290

Representative Stebelton 

Cosponsors: Representatives Becker, Smith, Huffman, Grossman, Adams, J., Terhar, Blessing, Scherer, Hood, Buchy, Brenner, Fedor, Perales, Maag 

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A BILL

To amend sections 3313.75, 3313.76, 3313.77, and

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3313.78 and to enact section 3313.791 of the

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Revised Code regarding the use of school district

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premises by members of the public and immunity

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from civil liability for a school district and

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schools when permitting members of the public to

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use school premises.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3313.75, 3313.76, 3313.77, and	8
3313.78 be amended and section 3313.791 of the Revised Code be	9
enacted to read as follows:	10

Sec. 3313.75. (A) For purposes of this section, "school	11
premises" has the same meaning as in section 3313.77 of the	12
Revised Code.	13

(B) The board of education of a city, exempted village, or	14
local school district may authorize the opening of schoolhouses	15
school premises for any lawful purposes.	16

(B)(C) In accordance with this section and section 3313.77 of	17
the Revised Code, a district board may rent or lease facilities	18
school premises under its control to any public or nonpublic	19
institution of higher education for the institution's use in	20
providing evening and summer classes.	21

(C)(D) This section does not authorize a board to rent or	22
lease a schoolhouseschool premises when such rental or lease	23
interferes with the public schools in such district, or for any	24
purpose other than is authorized by law.	25

Sec. 3313.76.  Upon application of any responsible	26
organization, or of a group of at least seven citizens, all school	27
grounds and schoolhousespremises, as that term is defined in	28
section 3313.77 of the Revised Code, as well as all other	29
buildings under the supervision and control of the state, or	30
buildings maintained by taxation under the laws of this state,	31
shall be available for use as social centers for the entertainment	32
and education of the people, including the adult and youthful	33
population, and for the discussion of all topics tending to the	34
development of personal character and of civil welfare, and for	35
religious exercises. Such occupation should not seriously infringe	36
upon the original and necessary uses of such properties. The	37
public officials in charge of such buildings shall prescribe such	38
rules and regulations for their occupancy and use as will secure a	39
fair, reasonable, and impartial use of the same.	40

Sec. 3313.77. (A) For purposes of this section:

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(1) "General public" means members of the community,	42
including both of the following:	43

(a) Students during nonschool hours;

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(b) Employees of a school or school district when not working	45
in the scope of their employment.	46

(2) "Nonschool hours" means both of the following:

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(a) Any time prior to and after regular classroom instruction	48
on a day that school is in session;	49

(b) Any day that school is not in session, including	50
weekends, holidays, and vacation breaks.	51

(3) "Recreational meetings and entertainments" means all	52
indoor or outdoor games or physical activities, either organized	53
or unorganized, that are undertaken for exercise, relaxation,	54
diversion, sport, or pleasure.	55

(4) "School premises" means all indoor and outdoor	56
structures, facilities, and land owned, rented, or leased by a	57
school or school district.	58

(B) The board of education of any city, exempted village, or	59
local school district shall, upon request and the payment of a	60
reasonable fee, subject to such regulation as is adopted by such	61
board, permit the use of any school house and rooms therein and	62
the grounds and other property under its controlpremises, when	63
not in actual use for school purposes, for any of the following	64
purposes:	65

(A)(1) Giving instructions in any branch of education,	66
learning, or the arts;	67

(B)(2) Holding educational, religious, civic, social, or	68
recreational meetings and entertainments, and for such other	69
purposes as promote the welfare of the community; provided such	70
meetings and entertainments shall be nonexclusive and open to the	71
general public;	72

(C)(3) Public library purposes, as a station for a public	73
library, or as reading rooms;	74

(D)(4) Polling places, for holding elections and for the	75
registration of voters, or for holding grange or similar meetings.	76

Within sixty days after the effective date of this section,	77
theThe board of education of each school district shall adopt a	78
policy for the use of school facilitiespremises by the general	79
public, including a list of all fees to be paid for the use of	80
such facilitiespremises and the costs used to determine such	81
fees. Once adopted, the policy shall remain in effect until	82
formally amended by the board. A copy of the policy shall be made	83
available to any resident of the district upon request.	84

Sec. 3313.78.  Upon application of a committee representing	85
any candidate for public office or any regularly organized or	86
recognized political party, the board of education having control	87
of any school groundspremises mentioned in section 3313.76 of the	88
Revised Code, shall permit the same to be used as a place wherein	89
to hold meetings of electors for the discussion of public	90
questions and issues. No such meeting shall be held during regular	91
school hours. No charge shall be made for such use, but the	92
candidate or committee so holding a meeting shall be responsible	93
for any damage done or expense incurred by reason thereof.	94

Sec. 3313.791. (A) For purposes of this section:

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(1) "School" means a school in a city, local, or exempted	96
village school district.	97

(2) "School district" means a city, local, or exempted	98
village school district.	99

(3) "School premises" has the same meaning as in section	100
3313.77 of the Revised Code.	101

(B) A school or school district, a member of a school	102
district board of education, or a school district or school	103
employee is not liable in damages in a civil action for injury,	104
death, or loss to person or property allegedly arising from the	105
use of school premises under section 3313.75, 3313.76, 3313.77, or	106
3313.78 of the Revised Code, unless the injury, death, or loss to	107
person or property results from willful or wanton misconduct by	108
the school or school district, a member of the school district	109
board of education, or an employee of the school district or of	110
any school in the district.	111

This section does not eliminate, limit, or reduce any other	112
immunity or defense that a school or school district, member of a	113
school district board of education, or school district or school	114
employee may be entitled to under Chapter 2744. or any other	115
provision of the Revised Code or under the common law of this	116
state.	117

Section 2.  That existing sections 3313.75, 3313.76, 3313.77,	118
and 3313.78 of the Revised Code are hereby repealed.	119