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HOUSE BILL NO. 352

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Daily Data Tracking History

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H0352..........................................................by EDUCATION
SCHOOL TRANSPORTATION - MOTOR VEHICLES - LIABILITY - Amends existing law to
provide conditions when the decision to utilize particular motor vehicles
for transportation of school students shall create liability; and to
provide the effect of the immunity granted.

03/08    House intro - 1st rdg - to printing
03/09    Rpt prt - to Educ

Bill Text

H0352


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 352

                                  BY EDUCATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO SCHOOL DISTRICTS' LIABILITY FOR TRANSPORTATION OF STUDENTS; AMEND-
 3        ING SECTION 6-904D, IDAHO CODE, TO PROVIDE CONDITIONS WHEN THE DECISION TO
 4        UTILIZE PARTICULAR MOTOR VEHICLES FOR TRANSPORTATION  OF  SCHOOL  STUDENTS
 5        SHALL CREATE LIABILITY AND TO PROVIDE THE EFFECT OF THE IMMUNITY GRANTED.

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

 7        SECTION  1.  That  Section  6-904D, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        6-904D.  EXCEPTIONS TO LIABILITY -- SCHOOL DISTRICTS.   Any  and  all
10    individual boards of trustees and employees of all school districts, including
11    the  individual  board  of  trustees and employees of specially chartered dis-
12    tricts, shall be individually immune from tort liability with  regard  to  any
13    decision by the board of trustees or employee to utilize a motor vehicle which
14    does  not  comply with federal transit administrative regulations, to wit "bus
15    testing", 49 C.F.R. part 665 and any revision thereto, for  the  transport  of
16    students  within  the  state  of Idaho. Provided that this immunity is limited
17    only to that decision by the individual member of the  board  of  trustees  or
18    employee  with  regard to the utilization of such vehicle or vehicles and does
19    not grant immunity to any school district,  driver,  vehicle  owner  or  other
20    individual  or entity, public or private, with regard to any claim relating to
21    any conduct thereby, including  gross  negligence,  negligence,  recklessness,
22    willful  or wanton conduct or any claim resulting in injury or damage relating
23    to the use of the vehicle and further provided that the vehicle or vehicles in
24    question comply with all vehicle safety requirements of  the  state  of  Idaho
25      The decision to utilize for the transportation of school students
26    any  particular motor vehicle which can be licensed for use on the highways of
27    the state of Idaho shall not create any liability for any school  district  or
28    charter  school  district,  or  the board of trustees, board of directors, any
29    individual members of the board or any employee of  those  entities,  provided
30    that such motor vehicle shall conform to general conditions of road worthiness
31    and  shall have all equipment required of all motor vehicles subject to regis-
32    tration under section 49-402(1), Idaho Code. The immunity  granted  herein  is
33    absolute  except,  in  the  event the governmental employee acts with criminal
34    intent or malice. The immunity granted herein does  not  affect  claims  other
35    than  those  arising  from  the  decision to utilize any particular vehicle as
36    specified herein .

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 09175

The purpose of this legislation is to amend section 6-904D, Idaho
Code, to provide immunity to any school district or charter
school district, or the board of trustees, board of directors,
any individual members of the board or any employee of those
entities regarding the decision to utilize any particular motor
vehicle, which is licensed for use on highways and conforms to
general conditions of road worthiness, for the transportation of
students.

                            FISCAL NOTE

None.











Contact: Representative Celia Gould
Phone:   332-1000


STATEMENT OF PURPOSE/ FISCAL NOTE    Bill No.      H 352