STATEMENT OF PURPOSE
RS28049C2 / H0005
This proposed legislation would extend heightened protection against lawsuits to individuals, school districts,
businesses, and other governmental entities for acts and omissions during a declared emergency related to a
pandemic or epidemic arising from a strain of coronavirus (COVID-19 or a successor variant). The heightened
protection, subject to conditions explained below, would provide civil tort immunity for conduct amounting
to negligence or gross negligence, provide no protection for conduct that is willful or reckless, as defined by
6-1601, Idaho Code, or intentional. In order to qualify for heightened protections, an individual or entity must
have made a good faith effort to adapt their behavior in response to the pandemic or epidemic or make a reasoned
decision that no adaptation was necessary. In order to qualify for heightened protection, an individual or entity
must have made a good faith attempt to comply with statues, regulations, and orders. Relying exclusively upon
coronavirus guidelines and recommendations to establish a standard of care in a lawsuit otherwise falling within
the purview of this section would be barred.
FISCAL NOTE
With the extent of the transmission of coronavirus and resulting litigation, any fiscal impact to the general fund,
schools, local governments and institutions of higher education would be a positive fiscal impact.
Contact:
Representative Greg Chaney
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 08/24/2020, 1:27 PM