2004 Legislation
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SENATE BILL NO. 1420 – Volunteers, liability

SENATE BILL NO. 1420

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Bill Status



S1420................................................by JUDICIARY AND RULES
VOLUNTEERS - LIABILITY - Amends and adds to existing law relating to
volunteer liability to define "public service entity"; to limit the
liability of certain persons serving a public service entity; to further
define the term "volunteer"; to set forth liability protection for
volunteers; and to provide a limitation.
                                                                        
03/01    Senate intro - 1st rdg - to printing
03/02    Rpt prt - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 32-1-2
      AYES -- Andreason(Andreason), Bailey, Bunderson, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Davis
      Absent and excused -- Brandt, Burkett
    Floor Sponsor - Darrington
    Title apvd - to House
03/11    House intro - 1st rdg - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1420
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO VOLUNTEER LIABILITY;  AMENDING  SECTION  6-1601,  IDAHO  CODE,  TO
  3        DEFINE "PUBLIC SERVICE ENTITY" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
  4        SECTION  6-1605,  IDAHO  CODE,  TO  LIMIT THE LIABILITY OF CERTAIN PERSONS
  5        SERVING A PUBLIC SERVICE ENTITY AND TO PROVIDE REFERENCES TO  PUBLIC  SER-
  6        VICE ENTITIES; AMENDING SECTION 67-2334, IDAHO CODE, TO FURTHER DEFINE THE
  7        TERM  "VOLUNTEER";  AND  AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE
  8        ADDITION OF A NEW SECTION 67-2336A, IDAHO CODE,  TO  SET  FORTH  LIABILITY
  9        PROTECTION FOR VOLUNTEERS AND TO PROVIDE A LIMITATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  6-1601, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        6-1601.  DEFINITIONS. As used in this act:
 14        (1)  "Charitable corporation or organization" means a corporation or orga-
 15    nization including any community chest,  fund,  or  foundation  organized  and
 16    operated exclusively for religious, charitable, scientific, testing for public
 17    safety,  literary,  or educational purposes, or to foster national or interna-
 18    tional amateur sports competition (but only  if  no  part  of  its  activities
 19    involve the provision of athletic facilities or equipment), or for the preven-
 20    tion  of  cruelty to children or animals, no part of the net earnings of which
 21    inures to the benefit of any private shareholder or individual, no substantial
 22    part of the activities of  which  is  carrying  on  propaganda,  or  otherwise
 23    attempting, to influence legislation.
 24        (2)  "Claimant"  means  any  party  to  a  civil action making a claim for
 25    relief, legal or equitable, compensatory or noncompensatory.
 26        (3)  "Economic  damages"  means  objectively  verifiable  monetary   loss,
 27    including,  but not limited to, out-of-pocket expenses, loss of earnings, loss
 28    of use of property, cost of replacement or repair, cost of  obtaining  substi-
 29    tute domestic services, loss of employment, medical expenses, or loss of busi-
 30    ness or employment opportunities.
 31        (4)  "Future damages" means noneconomic damages and economic damages to be
 32    incurred after entry of a judgment.
 33        (5)  "Noneconomic damages" means subjective, nonmonetary losses including,
 34    but not limited to, pain, suffering, inconvenience, mental anguish, disability
 35    or  disfigurement  incurred  by the injured party; emotional distress; loss of
 36    society and companionship; loss of consortium; or destruction or impairment of
 37    the parent-child relationship.
 38        (6)  "Nonprofit corporation or organization" means a  charitable  corpora-
 39    tion  or organization; any other corporation organized or existing under chap-
 40    ter 3, title 30, Idaho Code, or an equivalent provision of the law of  another
 41    state;  or  an unincorporated association; which corporation or unincorporated
 42    association is organized and  existing  exclusively  for  nonprofit  purposes,
 43    which  regularly bestows benefits to the community at large and no part of the
                                                                        
                                           2
                                                                        
  1    net income of which is distributable to its members, directors or officers.
  2        (7)  "Personal injury" means a physical injury, sickness or death suffered
  3    by an individual.
  4        (8)  "Property damage" means loss in value or in use of real  or  personal
  5    property,  where  such  loss  arises from physical damage to or destruction of
  6    such property.
  7        (9)  "Public service entity" means a board, council, committee or  commis-
  8    sion  created  by or pursuant to an executive order to benefit the citizens of
  9    the state of Idaho, and whose members include volunteers.
 10        (10) "Punitive damages" means damages awarded  to  a  claimant,  over  and
 11    above  what  will compensate the claimant for actual personal injury and prop-
 12    erty damage, to serve the public policies of punishing a defendant for  outra-
 13    geous conduct and of deterring future like conduct.
                                                                        
 14        SECTION  2.  That  Section  6-1605, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        6-1605.  LIMITATION ON LIABILITY OF VOLUNTEERS, OFFICERS AND DIRECTORS  OF
 17    NONPROFIT  CORPORATIONS  AND ORGANIZATIONS AND PUBLIC SERVICE ENTITIES. (1) In
 18    any nonprofit corporation or organization as  defined  in  section  6-1601(6),
 19    Idaho  Code,  or  public service entity as defined in section 6-1601(9), Idaho
 20    Code, officers, directors, and volunteers who serve the nonprofit  corporation
 21    or organization or public service entity without compensation shall be person-
 22    ally  immune  from civil liability arising out of their conduct as an officer,
 23    director, or volunteer, if such conduct is within the course and scope of  the
 24    duties  and  functions of the individual officer, director or volunteer and at
 25    the direction of the corporation, or organization  or  public  service  entity
 26    and, in the case of a public service entity, in accordance with the charter or
 27    bylaws  of  such entity. The provisions of this section shall not eliminate or
 28    limit, and no immunity is hereby granted for  the  liability  of  an  officer,
 29    director or volunteer:
 30        (a)  For  conduct  which  is  willful,  wanton, or which involves fraud or
 31        knowing violation of the law;
 32        (b)  To the extent of coverage for such conduct under a policy of  liabil-
 33        ity  insurance,  whether  the  policy  is purchased by the corporation, or
 34        organization or public service entity, the individual  officer,  director,
 35        volunteer or some third party;
 36        (c)  For  any  intentional  breach  of a fiduciary duty or duty of loyalty
 37        owed by the officer, director or volunteer to the  corporation,  organiza-
 38        tion or public service entity, or the members thereof;
 39        (d)  For  acts or omissions not in good faith or which involve intentional
 40        misconduct, fraud or a knowing violation of law;
 41        (e)  For any transaction from which the  officer,  director  or  volunteer
 42        derived an improper personal benefit;
 43        (f)  For  any  violation of the provisions of section 30-3-82, Idaho Code;
 44        or
 45        (g)  For damages which result from the operation of a motor vehicle.
 46        (2)  Reimbursement of an officer, director or  volunteer  of  a  nonprofit
 47    corporation  or organization or a public service entity for costs and expenses
 48    actually incurred shall not be considered compensation.
 49        (3)  Nothing in this section shall be construed to supersede, abrogate, or
 50    limit any immunities or limitation of liability otherwise provided by law.
                                                                        
 51        SECTION 3.  That Section 67-2334, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
                                           3
                                                                        
  1        67-2334.  "VOLUNTEER"  DEFINED.  For the purposes of this act, "volunteer"
  2    means any person who contributes his services in a  program  or  service  con-
  3    ducted  or  sponsored by any agency, department or unit of state government or
  4    to a board, council, committee or commission that is created by or pursuant to
  5    an executive order, for which he receives no  financial  remuneration,  except
  6    for  reasonable  and necessary expenses actually incurred in the course of his
  7    participation in the program.
                                                                        
  8        SECTION 4.  That Chapter 23, Title 67, Idaho Code, be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 67-2336A, Idaho Code, and to read as follows:
                                                                        
 11        67-2336A.  LIABILITY PROTECTION FOR VOLUNTEERS -- LIMITATION. (1) No  vol-
 12    unteer,  as  defined  in section 67-2334, Idaho Code, shall be liable for harm
 13    caused by an act or omission of the volunteer if:
 14        (a)  The volunteer was acting within the scope of the volunteer's  respon-
 15        sibilities at the time of the act or omission;
 16        (b)  When  appropriate  or  required, the volunteer was properly licensed,
 17        certified or authorized by the appropriate authorities for the  activities
 18        or  practice in the state in which the harm occurred, where the activities
 19        or practice was undertaken within the scope of the  volunteer's  responsi-
 20        bilities; and
 21        (c)  The harm was not caused by willful or criminal misconduct, gross neg-
 22        ligence,  reckless misconduct, or a conscious and flagrant indifference to
 23        the rights or safety of the individual harmed by the volunteer.
 24        (2)  The provisions of this section shall not eliminate or limit,  and  no
 25    immunity is hereby granted for, the liability of a volunteer for damages which
 26    result from the operation of a motor vehicle.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14212

The purpose of this bill is to clarify limitations on personal
liability of individuals who volunteer their services to the
state of Idaho pursuant to an executive order. .Idaho Code, Title
6, Chapter 16, provides certain protections against liability to
volunteers involved in nonprofit and charitable organizations.
However, boards, councils and commissions such as the regional or
local children's mental health councils, which have been formed
pursuant to an executive order of the governor, are not
specifically addressed in current law. Idahoans volunteering to
serve with such groups provide an invaluable service to the
citizens of this state, and need the same clear liability
protection.


                         FISCAL IMPACT

There will be no impact to the general fund.
                                 

Contact
Name: Senator Darrington 
Phone: 332-1318



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1420