2001 Legislation
Print Friendly

SENATE BILL NO. 1231 – Tort claims, govt entity, employee

SENATE BILL NO. 1231

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



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                          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