STATEMENT OF PURPOSE
RS28049C1 / H0004
This proposed legislation would extend heightened protection against lawsuits to individuals, school districts,
businesses, and other governmental entities for acts and omissions resulting in the transmission of 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. State government and its agencies would be explicitly ineligible for this heightened protection.
FISCAL NOTE
Since immunity doesn’t extent to the state government, this legislation would have no impact on the general
fund except as related to institutions of higher learning. While the extent of the transmission of coronavirus and
resulting litigation, any fiscal impact to 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, 1:25 PM