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H0543................................by JUDICIARY, RULES AND ADMINISTRATION
EMPLOYER LIABILITY - Adds to existing law to limit the legal liability of
an employer for the tortious acts of an employee.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Denney, Ellsworth, Field(20), Gagner, Hadley, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Deal, Field(13), Geddes, Gould, Hammond,
Kellogg, Linford, Pischner, Mr Speaker
Floor Sponsor - Hansen(23)
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 32-1-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Wheeler, Williams
NAYS--Whitworth
Absent and excused--King-Barrutia, Stennett
Floor Sponsors - Darrington, Bunderson
Title apvd - to House
03/28 To enrol
03/29 Rpt enrol - Sp signed
03/30 Pres signed
03/31 To Governor
04/05 Governor signed
Session Law Chapter 210
Effective: 07/01/00
H0543
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 543
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO EMPLOYER LIABILITY FOR ACTS OF AN EMPLOYEE; PROVIDING LEGISLATIVE
3 INTENT; AND AMENDING CHAPTER 16, TITLE 6, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 6-1607, IDAHO CODE, TO LIMIT THE LIABILITY OF AN EMPLOYER FOR
5 THE TORTIOUS ACTS OF AN EMPLOYEE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature that
8 the potential liability of an employer for the acts of a former employee com-
9 mitted when the employee no longer works for the employer be limited to cases
10 in which the former employer's acts were grossly negligent or reckless, will-
11 ful and wanton. It further is the intent of the Legislature that the potential
12 liability of an employer for the acts of a current employee committed while
13 the employee is "off the clock" also be limited.
14 This act creates a limited immunity for an employer for acts of a former
15 employee. It also creates a presumption that an employer is not liable for the
16 acts of a current employee "off the clock." Because an employer has no legal
17 right to restrict or control an employee's actions when that employee is not
18 working for the employer, absent unusual circumstances an employer ought not
19 be liable for the actions of an employee committed on the employee's "own"
20 time. This act attempts to distinguish between acts of an employee while the
21 employee is working for the employer and acts of an employee as a "private
22 citizen." If a person is acting as an employee, or reasonably appears to be
23 doing so, an employer may be found liable under ordinary rules of negligence
24 and respondeat superior. This includes circumstances in which an employee is
25 wholly or partially engaged in the employer's business such as when an
26 employee commits an act which he is not employed to commit, during work hours
27 or at a time when an employer or a third party reasonably believes the
28 employee is engaged in the employer's business.
29 SECTION 2. That Chapter 16, Title 6, Idaho Code, be, and the same is
30 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
31 ignated as Section 6-1607, Idaho Code, and to read as follows:
32 6-1607. EMPLOYER LIABILITY FOR EMPLOYEE TORTS. (1) No employer shall be
33 directly or indirectly liable in tort based upon an employer/employee rela-
34 tionship for any act or omission of an employee which occurs after the termi-
35 nation of the employee's employment unless it is shown by clear and convincing
36 evidence that the acts or omissions of the employer itself constitute gross
37 negligence or reckless, willful and wanton conduct as those standards are
38 defined in section 6-904C, Idaho Code, and were a proximate cause of the dam-
39 age sustained.
40 (2) There shall be a presumption that an employer is not liable in tort
41 based upon an employer/employee relationship for any act or omission of a cur-
42 rent employee unless the employee was wholly or partially engaged in the
2
1 employer's business, reasonably appeared to be engaged in the employer's busi-
2 ness, was on the employer's premises when the allegedly tortious act or omis-
3 sion of the employee occurred, or was otherwise under the direction or control
4 of the employer when the act or omission occurred. This presumption may be
5 rebutted only by clear and convincing evidence that the employer's acts or
6 omissions constituted gross negligence or, reckless, willful and wanton con-
7 duct as those standards are defined in section 6-904C, Idaho Code, and were a
8 proximate cause of the damage sustained.
9 (3) In every civil action to which this section applies, an employer
10 shall have the right (pursuant to pretrial motion and after opportunity for
11 discovery) to a hearing before the court in which the person asserting a claim
12 against an employer must establish a reasonable likelihood of proving facts at
13 trial sufficient to support a finding that liability for damages should be
14 apportioned to the employer under the standards set forth in this section. If
15 the court finds that this standard is not met, the claim against the employer
16 shall be dismissed and the employer shall not be included on a special verdict
17 form.
18 (4) Nothing in this section shall be construed to expand any rights of
19 recovery under the common law or to limit any person's rights under any other
20 statute including, but not limited to, chapter 59, title 67, Idaho Code, and
21 title 72, Idaho Code.
STATEMENT OF PURPOSE
RS 09964
This legislation would limit a private or public employer's
liability for the acts of former employees committed after
the termination of employment and for acts of current employees
committed off the job. The person who commits the act which
causes the injury will remain responsible for the consequences
of the act, but liability will not be imputed to the employer
unless the employer has been grossly negligent or reckless.
FISCAL IMPACT
This bill has no fiscal impact except to the extent that liability
of the state and local government entities for tort claims would
be reduced.
Contact
Name: Dawn Justice
Phone: 343-1849
Ken McClure
Phone: 388-1200
STATEMENT OF PURPOSE/FISCAL NOTE H 543