1998 Legislation
Print Friendly

HOUSE BILL NO. 633 – School empl/transp students/immunty

HOUSE BILL NO. 633

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0633................................by JUDICIARY, RULES AND ADMINISTRATION
SCHOOL DISTRICTS - Adds to existing law to provide tort immunity
individually to members of boards of trustees or employees of school
districts when using a motor vehicle in transporting students if the
vehicle meets certain safety standards.

02/06    House intro - 1st rdg - to printing
02/09    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
      Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
      Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Black(23), Stone, Stubbs, Mr Speaker
    Floor Sponsor - Gould
    Title apvd - to Senate
02/18    Senate intro - 1st rdg - to Educ
03/06    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
      Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Risch,
      Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
      Wheeler, Whitworth
      NAYS--None
      Absent and excused--Bunderson, Hansen, Ingram, Riggs
    Floor Sponsor - Sandy
    Title apvd - to House
03/18    To enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 159
         Effective: 03/20/98

Bill Text


H0633


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 633

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO EXCEPTIONS TO LIABILITY; AMENDING CHAPTER 9, TITLE 6, IDAHO  CODE,
 3        BY  THE  ADDITION OF A NEW SECTION 6-904D, IDAHO CODE, TO PROVIDE IMMUNITY
 4        INDIVIDUALLY TO MEMBERS OF BOARDS OF TRUSTEES OR EMPLOYEES OF SCHOOL  DIS-
 5        TRICTS,  INCLUDING  SPECIALLY  CHARTERED  DISTRICTS,  IN UTILIZING A MOTOR
 6        VEHICLE IN TRANSPORTING STUDENTS IF THE VEHICLE MEETS CERTAIN SAFETY STAN-
 7        DARDS AND TO PROVIDE LIMITATIONS ON THE IMMUNITY; AND DECLARING  AN  EMER-
 8        GENCY.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Chapter  9,  Title  6,  Idaho Code, be, and the same is
11    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
12    known and designated as Section 6-904D, Idaho Code, and to read as follows:

13        6-904D.  EXCEPTIONS TO LIABILITY -- SCHOOL DISTRICTS. Any and all individ-
14    ual  boards  of  trustees and employees of all school districts, including the
15    individual board of trustees and employees of specially  chartered  districts,
16    shall  be  individually immune from tort liability with regard to any decision
17    by the board of trustees or employee to utilize a motor vehicle which does not
18    comply with federal transit administrative regulations, to wit "bus  testing",
19    49  C.F.R.  part  665  and any revision thereto, for the transport of students
20    within the state of Idaho. Provided that this immunity is limited only to that
21    decision by the individual member of the board of trustees  or  employee  with
22    regard to the utilization of such vehicle or vehicles and does not grant immu-
23    nity  to  any  school  district,  driver, vehicle owner or other individual or
24    entity, public or private, with regard to any claim relating  to  any  conduct
25    thereby, including gross negligence, negligence, recklessness, willful or wan-
26    ton  conduct or any claim resulting in injury or damage relating to the use of
27    the vehicle and further provided that the vehicle or vehicles in question com-
28    ply with all vehicle safety requirements of the state of Idaho.

29        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
30    declared to exist, this act shall be in full force and effect on and after its
31    passage and approval.

Statement of Purpose / Fiscal Impact


    





                          STATEMENT OF PURPOSE
    
                                RS 07929
    
    This legislation would grant individual immunity to any and all 
    individual school board members, agents and employees of all 
    school districts in the state of Idaho, including specially 
    chartered districts, from tort liability for any claim which is 
    based upon the use of a motor vehicle which does not comply with 
    federal "bus testing".
    
                               FISCAL NOTE
    
    Fiscal impact is none.
    
    CONTACT: Heidi Barker
             332-1160
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No. H633