2006 Legislation
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HOUSE BILL NO. 626 – School dist liability, activities

HOUSE BILL NO. 626

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Bill Status



H0626..........................................................by EDUCATION
SCHOOL DISTRICTS - Adds to existing law relating to school districts to
state public policy; to provide immunity to the school district, its
contractor and employees from liability for any civil action arising out of
the conduct of an extracurricular activity; and to provide exceptions and
conditions.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 626
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOOL DISTRICTS; AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BY THE
  3        ADDITION OF A NEW SECTION 33-521, IDAHO CODE, TO STATE PUBLIC  POLICY,  TO
  4        PROVIDE  IMMUNITY  TO  THE  SCHOOL DISTRICT, ITS CONTRACTORS AND EMPLOYEES
  5        FROM LIABILITY FOR ANY CIVIL ACTION ARISING  OUT  OF  THE  CONDUCT  OF  AN
  6        EXTRACURRICULAR ACTIVITY AND TO PROVIDE EXCEPTIONS AND CONDITIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  5,  Title  33, 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 33-521, Idaho Code, and to read as follows:
                                                                        
 11        33-521.  EXTRACURRICULAR ACTIVITIES IMMUNITY. (1) The public policy of the
 12    state  of  Idaho  is advanced when the children in its public schools have the
 13    maximum opportunity to participate in school district sponsored  extracurricu-
 14    lar activities, including sports, recreational, educational, and other activi-
 15    ties  where certain risks may exist, without subjecting the school district or
 16    its employees to the threat of lawsuit.
 17        (2)  The school district and the school district's contractors and employ-
 18    ees involved in an extracurricular activity supervised and  regulated  by  the
 19    board of trustees of the school district under section 33-512 12., Idaho Code,
 20    shall be immune from liability for any civil action arising out of the conduct
 21    of the extracurricular activity.
 22        (3)  The  immunity  provided  for  in subsection (2) of this section shall
 23    apply only if:
 24        (a)  The school district, the school  district's  contractors,  or  school
 25        district's  employees do not commit acts which are intentional, willful or
 26        grossly negligent with regard to the extracurricular activity; and
 27        (b)  Prior to the extracurricular activity, a written consent is  received
 28        by the school district which has been signed by the parent or legal guard-
 29        ian of the child participating in the extracurricular activity which:
 30             (i)  Authorizes the child to participate in the specific extracurric-
 31             ular activity; and
 32             (ii) States  that the signing parent or legal guardian waives liabil-
 33             ity pursuant to this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15789

The purposes of this legislation is to create immunities for
school districts when parents have signed written waivers of
liability giving permission for their children to participate in
extracurricular activities while under school supervision.


                           FISCAL NOTE

There is no fiscal impact on the general fund.



     

Contact:
Name: Cliff Green, Idaho School Boards Association 
Phone: 208 854-1476

Sponsors: Representatives Denny, Edmundson, Shepard



STATEMENT OF PURPOSE/FISCAL NOTE                          H 626