Print Friendly SENATE BILL NO. 1420 – Volunteers, liability
SENATE BILL NO. 1420
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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
]]]] 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
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;
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:
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
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
There will be no impact to the general fund.
Name: Senator Darrington
STATEMENT OF PURPOSE/FISCAL NOTE S 1420