2005 Legislation
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HOUSE BILL NO. 209 – Parental waiver, activities, child

HOUSE BILL NO. 209

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Bill Status



H0209................................by JUDICIARY, RULES AND ADMINISTRATION
PARENTAL WAIVERS - Adds to existing law relating to actions for negligence
to set forth legislative findings; to define terms; to provide that a
parent of a child may release or waive the child's protective claim for
negligence; and to limit applicability.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 209
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ACTIONS FOR NEGLIGENCE; AMENDING CHAPTER 8, TITLE 6,  IDAHO  CODE,
  3        BY  THE ADDITION OF A NEW SECTION 6-808, IDAHO CODE, TO SET FORTH LEGISLA-
  4        TIVE FINDINGS, TO DEFINE TERMS, TO PROVIDE THAT A PARENT OF  A  CHILD  MAY
  5        RELEASE OR WAIVE THE CHILD'S PROSPECTIVE CLAIM FOR NEGLIGENCE AND TO LIMIT
  6        APPLICABILITY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  8,  Title  6,  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 6-808, Idaho Code, and to read as follows:
                                                                        
 11        6-808.  PARENTAL WAIVERS. (1) The legislature finds that:
 12        (a)  Children should have the maximum opportunity to participate in sport-
 13        ing, recreational, educational and other activities where certain risks of
 14        personal injury may exist;
 15        (b)  Public,  private,  and  nonprofit  entities providing these essential
 16        activities in Idaho to children need to be able  to  obtain  release  from
 17        claims  of negligence, as without the measure of protection these entities
 18        may be unwilling or unable to provide the activities;
 19        (c)  Parents have a fundamental right and responsibility to make decisions
 20        concerning the care, custody and control of their children;
 21        (d)  The law presumes that parents act in the best interest of their chil-
 22        dren;
 23        (e)  Parents make conscious choices every day on behalf of their  children
 24        concerning  the risks and benefits of participation in activities that may
 25        involve a risk of personal injury;
 26        (f)  These are proper parental choices on behalf of children  that  should
 27        not  be  ignored  and as long as parents' decisions for their children are
 28        voluntary and informed, the decisions should be given the same dignity  as
 29        decisions regarding schooling, medical treatment, and religious education;
 30        and
 31        (g)  The  intent  of  this  section  is to encourage the affordability and
 32        availability of activities for children in this state by permitting a par-
 33        ent of a child to release a prospective negligence claim, of the child and
 34        for the child, against certain persons and entities involved in  providing
 35        the opportunity to participate in activities for children.
 36        (2)  As used in this section, unless the context otherwise requires:
 37        (a)  "Child" means a person under eighteen (18) years of age.
 38        (b)  "Parent"  means  any one (1) parent, as defined as a natural or adop-
 39        tive parent, a person who has guardianship or legal custody of the  child,
 40        a  guardian  ad litem or other legal representative, a physical custodian,
 41        fiduciary or other person with a legal obligation related to  the  custody
 42        or care of the child.
 43        (3)  A parent of a child may, in writing only, and on behalf of the child,
                                                                        
                                           2
                                                                        
  1    release or waive the child's prospective claim for negligence against a person
  2    or entity.
  3        (4)  Nothing  in this section shall be construed to permit a parent acting
  4    on behalf of his or her child to waive the child's prospective claim against a
  5    person or entity for a willful or wanton act or omission, a  reckless  act  or
  6    omission, or a grossly negligent act or omission.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14895

This legislation provides for a waiver by a parent of a child's
prospective negligence claims.  Exceptions are outlined.


                           FISCAL NOTE 
      
No fiscal impact. 



Contact
Name:  Representative Wendy Jaquet 
Phone: 332-1133



STATEMENT OF PURPOSE/FISCAL NOTE                       H 209