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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
H0633|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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
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