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S1163...................................................by JUDICIARY AND RULES EMPLOYER OF SEX OFFENDER - LIABILITY - Amends and adds to existing law to provide for civil liability for private employers who fail to provide notification regarding registered sexual offenders; and to require employers to send written notice to minor employees and their parents or guardians. 03/13 Senate intro - 1st rdg - to printing 03/14 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1163 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SEX OFFENDER NOTIFICATION; AMENDING SECTIONS 18-8325 AND 18-8412, 3 IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE, TO PROVIDE CODE REFERENCES 4 AND TO PROVIDE FOR CIVIL LIABILITY FOR EMPLOYERS WHO FAIL TO PROVIDE NOTI- 5 FICATION REGARDING REGISTERED SEXUAL OFFENDERS; AND AMENDING CHAPTER 16, 6 TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 16-1620B, IDAHO 7 CODE, TO REQUIRE EMPLOYERS WHO HAVE KNOWLEDGE THAT THEY EMPLOY A SEX 8 OFFENDER OR JUVENILE SEX OFFENDER TO PROVIDE WRITTEN NOTICE TO MINOR 9 EMPLOYEES AND THEIR PARENTS OR GUARDIANS, TO PROVIDE THAT SUCH NOTICE MAY 10 BE SENT TO THE LAST KNOWN ADDRESS OF THE MINOR EMPLOYEE AND TO SET FORTH 11 NOTICE REQUIREMENTS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 18-8325, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 18-8325.EXEMPTION FROMLIMITATION OF CIVIL LIABILITY. (1) No person or 16 governmental entity, other than those specifically charged in this chapter 17 with a duty to collect information under this chapter regarding registered 18 sexual offenders, has a duty to inquire, investigate or disclose any informa- 19 tion regarding registered sexual offenders. 20 (2) No person or governmental entity, other than those specifically 21 charged in this chapter or in section 16-1620B, Idaho Code, with an affirma- 22 tive duty to provide public access to information or to provide notification 23 regarding registered sexual offenders, shall be held liable for any failure to 24 disclose any information regarding registered sexual offenders to any other 25 person or entity. 26 (3) Every person or governmental entity who, acting without malice or 27 criminal intent, obtains or disseminates information under this chapter shall 28 be immune from civil liability for any damages claimed as a result of such 29 disclosures made or received. 30 SECTION 2. That Section 18-8412, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 18-8412.EXEMPTION FROMLIMITATION OF CIVIL LIABILITY. (1) No person or 33 governmental entity, other than those specifically charged in this chapter 34 with a duty to collect information under this chapter regarding registered sex 35 offenders, has a duty to inquire, investigate or disclose any information 36 regarding registered sex offenders. 37 (2) No person or governmental entity, other than those specifically 38 charged in this chapter or in section 16-1620B, Idaho Code, with an affirma- 39 tive duty to provide public access to information or to provide notification 40 regarding registered sex offenders, shall be held liable for any failure to 41 disclose any information regarding registered sex offenders to any other per- 2 1 son or entity. 2 (3) Every person or governmental entity who, acting without malice or 3 criminal intent, obtains or disseminates information under this chapter shall 4 be immune from civil liability for any damages claimed as a result of such 5 disclosures made or received. 6 SECTION 3. That Chapter 16, Title 16, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 8 ignated as Section 16-1620B, Idaho Code, and to read as follows: 9 16-1620B. EMPLOYER DUTY TO NOTIFY. Any employer in the state who has 10 knowledge that it employs a sex offender, as defined in section 18-8303, Idaho 11 Code, or a juvenile sex offender, as defined in section 18-8403, Idaho Code, 12 shall provide written notice to any minor employees and at least one (1) of 13 such minor employees' parents or guardians. Notice shall be deemed sufficient 14 for purposes of this section if it is sent to the last known address of the 15 minor employee and states: 16 (1) That the employer currently employs a sex offender or juvenile sex 17 offender; 18 (2) The name of the sex offender or juvenile sex offender; and 19 (3) That such sex offender may be registered with a sexual offender reg- 20 istry.
STATEMENT OF PURPOSE RS 13081C1 The purpose of this legislation is to amend I.C. 18-8325 and I.C. 18-8412, and to create a new section, I.C. 16-1620B, to require employers in Idaho to inform their minor employees and parents or guardians when the employer has knowledge that the child is working with a sex offender. This legislation is needed because minor children and their parents are unable to identify such individuals in the workplace and they should be informed if the employer has such information. FISCAL IMPACT This legislation will have no fiscal impact on state or local government. Contact Name: Wm. Breck Seiniger, Jr. Phone: 345-1000 Sen. Mike Burkett 332-1352 STATEMENT OF PURPOSE/FISCAL NOTE S 1163