LRB-2786/1
TKK:cjs:ph
2011 - 2012 LEGISLATURE
January 25, 2012 - Introduced by Representatives Bies, Bernier, Brooks, Jacque,
Kestell, Kooyenga, LeMahieu, Marklein, A. Ott, Petrowski, Spanbauer,
Strachota, Stroebel
and Thiesfeldt, cosponsored by Senators Galloway,
Grothman
and Lazich. Referred to Committee on Public Health and Public
Safety.
AB497,1,4 1An Act to amend 120.13 (17) and 895.525 (5); and to create 895.523 of the
2statutes; relating to: providing immunity from liability to a school board or the
3governing body of a charter school that provides public access to school grounds
4for certain recreational activities.
Analysis by the Legislative Reference Bureau
Under current law, a school board may permit any responsible person to use the
school grounds, buildings, facilities, or equipment of the school district for lawful
nonschool purposes when that use does not interfere with school purposes. Also
under current law, school boards may enter into contracts with individuals, groups,
businesses, or governmental bodies to establish charter schools, which operate with
fewer constraints than traditional public schools. Current law also permits the
University of Wisconsin-Milwaukee, University of Wisconsin-Parkside, the
Milwaukee Area Technical College, and the city of Milwaukee to operate charter
schools (independent charter schools) directly or to contract for the operation of
charter schools.
This bill provides immunity from liability to a school board for death or injury
that occurs on the school grounds of the school district when the death or injury
results from a recreational activity held on the school grounds pursuant to a
recreational agreement between the school board and a person. The bill provides
identical liability protections to the governing body of a charter school that enters
into a recreational agreement with a person. The bill defines recreational activity
as any indoor or outdoor physical activity, sport, team sport, or game, whether

organized or unorganized, undertaken for the purpose of exercise, relaxation,
diversion, or pleasure. The bill defines recreational agreement as a written
authorization granted by a school board or the governing body of a charter school to
a person permitting public access to all or a specified part of the school grounds for
the purpose of any recreational activity.
The bill also provides that, when a school board or governing body of a charter
school has entered into a recreational agreement with a person, neither the school
board, the governing body of the charter school, nor an employee, officer or agent of
the school board or governing body owes any of the following duties to a person that
participates in the recreational activity: 1) a duty to keep the school grounds safe for
the recreational activity; 2) a duty to inspect the school grounds; or 3) a duty to give
warning of an unsafe condition, use, or activity on the school grounds. The bill
provides an exception to the liability protection granted to a school board and the
governing body of a charter school in an instance in which an injury or death is
caused by a malicious act or malicious failure to warn against an unsafe condition
about which an officer, employee, or agent of the school board or governing body of
the charter school knew.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB497, s. 1 1Section 1. 120.13 (17) of the statutes is amended to read:
AB497,2,112 120.13 (17) Temporary use of school property. Grant the temporary use of
3school grounds, buildings, facilities, or equipment, upon such conditions, including
4fees not to exceed actual costs, as determined by the school board, to any responsible
5person for any lawful nonschool purpose if such use does not interfere with use for
6school purposes or school-related functions. Fees received under this subsection
7shall be paid into the school district treasury and accounted for as prescribed under
8s. 115.28 (13). The user shall be primarily liable, and, except as provided in s.
9895.523,
the school board secondarily liable, for any damage to property and for any
10expense incurred in consequence of any use of school grounds, buildings, facilities,
11or equipment under this subsection.
AB497, s. 2 12Section 2. 895.523 of the statutes is created to read:
AB497,3,2
1895.523 Recreational activities in a school building or on school
2grounds; limitation of liability.
(1) Definitions. In this section:
AB497,3,53 (a) "Governing body of a charter school" means the person that operates a
4charter school established under s. 118.40 (2) or (2m) or the entity that operates a
5charter school established under s. 118.40 (2r).
AB497,3,66 (b) "Injury" means an injury to a person or to property.
AB497,3,97 (c) "Recreational activity" means any indoor or outdoor physical activity, sport,
8team sport, or game, whether organized or unorganized, undertaken for the purpose
9of exercise, relaxation, diversion, or pleasure.
AB497,3,1310 (d) "Recreational agreement" means a written authorization granted by a
11school board or the governing body of a charter school to a person permitting public
12access to all or a specified part of the school grounds for the purpose of any
13recreational activity.
AB497,3,1514 (e) "School board" means the school board or board of school directors in charge
15of the public schools of a school district.
AB497,3,1716 (f) "School building" means a building designed for and used as a school by a
17school board or by the governing body of a charter school.
AB497,3,2118 (g) "School grounds" means real property, and any school buildings, accessory
19buildings, structures, and improvements thereon, owned, leased, or rented by a
20school board or by the governing body of a charter school and used primarily for
21public school purposes.
AB497,3,2322 (h) "Sport" means an activity requiring physical exertion and skill and which,
23by its nature and organization, is competitive and includes a set of rules for play.
AB497,4,4 24(2) No duty; immunity from liability. (a) Except as provided in sub. (3), no
25school board, no governing body of a charter school, and no officer, employee, or agent

1of a school board or of a governing body of a charter school, owes to any person who
2enters the school grounds of the school board or of the governing body of a charter
3school to engage or participate in a recreational activity held pursuant to a
4recreational agreement any of the following:
AB497,4,55 1. A duty to keep the school grounds safe for the recreational activity.
AB497,4,66 2. A duty to inspect the school grounds.
AB497,4,87 3. A duty to give warning of an unsafe condition, use, or activity on the school
8grounds.
AB497,4,149 (b) Except as provided in sub. (3), no school board, no governing body of a
10charter school, and no officer, employee, or agent of a school board or of a governing
11body of a charter school, is liable for the death of, any injury to, or any death or injury
12caused by, a person engaging or participating in a recreational activity held pursuant
13to a recreational agreement and taking place on the school grounds of the school
14board or of the governing body of a charter school.
AB497,4,23 15(3) Liability. Subsection (2) does not limit the liability of a school board, a
16governing body of a charter school, or an officer, employee, or agent of the school
17board or of the governing body of a charter school for a death or injury caused by a
18malicious act or by a malicious failure to warn against an unsafe condition of which
19an officer, employee, or agent of the school board or of the governing body of a charter
20school knew, which occurs on the school grounds of the school board or of the
21governing body of a charter school designated for use in a recreational agreement and
22being used by a person for a recreational activity held pursuant to the recreational
23agreement.
AB497,5,3 24(4) No duty or liability created. Except as expressly provided in this section,
25nothing in this section or s. 101.11 nor the common law attractive nuisance doctrine

1creates any duty of care or ground of liability toward any person who uses school
2grounds to engage or participate in a recreational activity held pursuant to a
3recreational agreement.
AB497, s. 3 4Section 3. 895.525 (5) of the statutes is amended to read:
AB497,5,85 895.525 (5) Effect on related provision provisions. Nothing in this section
6affects the limitation of property owners' liability under s. 895.52 or the limitation
7of school boards' liability and of liability of governing bodies of charter schools under
8s. 895.523
.
AB497, s. 4 9Section 4. Initial applicability.
AB497,5,1010 (1) In this section:
AB497,5,1211 (a) "Recreational activity" has the meaning given in section 895.523 (1) (c) of
12the statutes, as created by this act.
AB497,5,1413 (b) "School grounds" has the meaning given in section 895.523 (1) (g) of the
14statutes, as created by this act.
AB497,5,1715 (2) This act first applies to the death of or any injury to, or any death or injury
16caused by, a person engaging or participating in a recreational activity on school
17grounds on the effective date of this subsection.
AB497,5,1818 (End)
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