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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 - 2005
IN 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