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S1166................................................by JUDICIARY AND RULES TORT CLAIMS - Adds to existing law to provide that certain county officials and employees performing functions and duties of district courts shall be considered employees of the state for purposes of the Idaho Tort Claims Act; and to define "district court." 02/28 Senate intro - 1st rdg - to printing 03/01 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 - 32-0-2, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Hill, Pearce, (District 21 seat vacant) Floor Sponsor - Richardson Title apvd - to House 03/11 House intro - 1st rdg - to Jud 03/18 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg Rls susp - PASSED - 61-0-9 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker NAYS -- None Absent and excused -- Black, Deal, Eskridge, Harwood, Mitchell, Ring, Roberts, Rusche, Wills Floor Sponsor - Pence Title apvd - to Senate 03/22 To enrol 03/23 Rpt enrol - Pres signed 03/24 Sp signed 03/25 To Governor 03/31 Governor signed Session Law Chapter 221 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1166 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COUNTY EMPLOYEES; AMENDING CHAPTER 16, TITLE 1, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 1-1613A, IDAHO CODE, TO PROVIDE THAT CERTAIN 4 COUNTY OFFICIALS AND EMPLOYEES PERFORMING FUNCTIONS AND DUTIES OF DISTRICT 5 COURTS SHALL BE CONSIDERED EMPLOYEES OF THE STATE FOR PURPOSES OF THE 6 IDAHO TORT CLAIMS ACT AND TO DEFINE "DISTRICT COURT." 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 16, Title 1, 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 1-1613A, Idaho Code, and to read as follows: 11 1-1613A. COUNTY EMPLOYEES PERFORMING FUNCTIONS OF THE DISTRICT COURT 12 UNDER COURT CONTROL -- LIABILITY. (1) For the purposes of the Idaho tort 13 claims act, as set forth in sections 6-901 et seq., Idaho Code, any county 14 official or employee, including any elected or appointed county official, 15 while acting in the course and scope of performing clerical, judicial and 16 other administrative functions and duties of the district court, shall be con- 17 sidered an employee of the state of Idaho. 18 (2) For the purposes of this section only, the term "district court" 19 includes all district courts and magistrates divisions thereof, administrative 20 judges of each district, and all district and magistrate judges in the judi- 21 cial districts of the state of Idaho.
STATEMENT OF PURPOSE RS15043 This bill addresses the liability arising from the actions of "shared" employees. These are county officials and employees who perform clerical and other duties for the courts. While so acting, the county officials and employees are subject to the control and supervision of the administrative district judge. In Blankenship v. Kootenai County, 125 Idaho 101, 867 P.2d 975 (1994), the Supreme Court held that county employees, while performing judicial clerical functions, were employees of the State of Idaho for the purposes of the Tort Claims Act, and that the State, not the county, would therefore be liable for the wrongful acts of such employees. This bill grew out of discussions among the members of the Supreme Court's Shared Employees Committee. It was felt that a statute setting forth the standard adopted in Blankenship would help to make clear the status of shared employees, and would facilitate relationships between the State of Idaho and the counties in dealing with issues arising from the actions of shared employees. By stating that shared employees, while performing functions and duties of the courts, are employees for purposes of the Tort Claims Act, the bill would make it clear that the State of Idaho has the responsibility of indemnifying and defending shared employees for claims of wrongful acts in the course of performing such duties. FISCAL NOTE This bill would have no impact on the general fund. It would not make any substantive change in the law as it is currently being applied. Contact Person Patricia Tobias Administrative Director of the Courts (08) 334-2246 Statement of Purpose/Fiscal Note S 1166