FORTY-NINTH LEGISLATURESB 226/a

FIRST SESSION, 2009

March 2, 2009

Madam President:

    Your FINANCE COMMITTEE, to whom has been referred

SENATE BILL 226, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. Strike Senate Education Committee Amendments 2 and 3.

    2. On page 1, line 16, after "FACILITIES", strike the remainder of the line up to the period.

    3. On page 2, line 15, before the period, insert ", provided that the policy shall relate only to liability and risk issues and shall not affect the rights and responsibilities of local school boards to determine how, when and by whom school district facilities are used".

    4. On page 2, strike lines 21 through 23 and on line 24, strike "(2)".

    5. On page 3, between lines 19 and 20, insert the following

new section:

    "Section 2. A new section of the Public School Code is enacted

to read:

    "[NEW MATERIAL] PRIVATE USE OF SCHOOL FACILITIES--POLICY--

INSURANCE.--The local school board of a school district that is not

a participant under the Public School Insurance Authority Act:

         A. shall, by rule, establish a policy to be followed

relating to the use of volunteers. The policy shall be distributed

to each school in the school district and posted upon the school district's web site;

         B. shall, by rule, establish a policy to be followed

relating to the use of school facilities by private persons. The

policy shall be distributed to each school in the school district and posted upon the school district's web site; and

         C. may insure, by negotiated policy, self-insurance or

any combination thereof, against claims of bodily injury, personal

injury or property damage related to the use of school facilities by

private persons."".

    6. Renumber the succeeding sections accordingly.

    7. On page 3, line 20 through page 4, line 2, strike Section 3 in its entirety.

    8. Renumber the succeeding section accordingly.

    9. On page 4, line 4, strike "2009" and insert in lieu thereof "2010".

                               Respectfully submitted,

                               __________________________________

                               John Arthur Smith, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 10 For 0 Against

Yes:     10

No:      0

Excused: Cisneros

Absent:  None

SB0226FC1                                                  .176801.2