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S1231................................................by JUDICIARY AND RULES
TORT CLAIMS - Amends existing law relating to tort claims against
governmental entities to broaden the definition of "employee" to include
certain retired and former officers, employees and servants.
03/08 Senate intro - 1st rdg - to printing
03/09 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1231
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES; AMENDING SECTION 6-902,
3 IDAHO CODE, TO BROADEN THE DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN
4 RETIRED AND FORMER OFFICERS, EMPLOYEES AND SERVANTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 6-902, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 6-902. DEFINITIONS. As used in this act:
9 1. "State" means the state of Idaho or any office, department, agency,
10 authority, commission, board, institution, hospital, college, university or
11 other instrumentality thereof.
12 2. "Political subdivision" means any county, city, municipal corporation,
13 health district, school district, irrigation district, an operating agent of
14 irrigation districts whose board consists of directors of its member dis-
15 tricts, special improvement or taxing district, or any other political subdi-
16 vision or public corporation. As used in this act, the terms "county" and
17 "city" also mean state licensed hospitals and attached nursing homes estab-
18 lished by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by
19 cities and counties pursuant to chapter 37, title 31, Idaho Code.
20 3. "Governmental entity" means and includes the state and political sub-
21 divisions as herein defined.
22 4. "Employee" means an officer, employee, or servant of a governmental
23 entity, including elected or appointed officials, and persons acting on behalf
24 of the governmental entity in any official capacity, temporarily or perma-
25 nently in the service of the governmental entity, whether with or without com-
26 pensation, but and shall also include retired or former officers, employees or
27 servants regarding claims arising from alleged acts or omissions when acting
28 within the course and scope of their former employment with a governmental
29 entity. Tthe term employee shall not mean a person or other legal entity while
30 acting in the capacity of an independent contractor under contract to the gov-
31 ernmental entity to which this act applies in the event of a claim.
32 5. "Bodily injury" means any bodily injury, sickness, disease or death
33 sustained by any person and caused by an occurrence.
34 6. "Property damage" means injury or destruction to tangible property
35 caused by an occurrence.
36 7. "Claim" means any written demand to recover money damages from a gov-
37 ernmental entity or its employee which any person is legally entitled to
38 recover under this act as compensation for the negligent or otherwise wrongful
39 act or omission of a governmental entity or its employee when acting within
40 the course or scope of his employment.
STATEMENT OF PURPOSE
RS 11201
To provide support and legal assistance to retired and/or former
employees who are threatened by former state employees over issues
which originated during their employment.
FISCAL IMPACT
The fiscal impact is uncertain at this time, but could be offset
by the fine levied to disgruntled employees for their actions.
Contact
Name: Pat Young
Phone: 378-1184
STATEMENT OF PURPOSE/FISCAL NOTE S 1231