The COVID Project
The record
- Jurisdiction
- Idaho
- Level
- State
- Authority
- Idaho Const. art. III and art. IV, § 9 (extraordinary session); 2020 Idaho Sess. Laws, 1st Extraordinary Sess., ch. 2
- Issued
- 2020-08-27 Aug. 27, 2020
- Effective
- 2020-08-27 (emergency clause: 'in full force and effect on and after its passage and approval') (read as 2020-08-27)
- End
- Sunset July 1, 2021 by sec. 3, extended to July 1, 2022 by H0149 (2021 ch. 97, Ex. DUT-ID-017); chapter 34 no longer appears in the Idaho Code (read as 2021-07-01)
- In force
- Aug. 27, 2020 to July 1, 2021
- Quarters
- 2020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- persons generally as defined in § 6-3402(2) (excluding public health districts, the State except higher education, and the federal government)
- Character
- liability shield condition
- Collection
- Standing duties: Idaho DUT-ID
Operative words
(1) Subject to the other provisions of this section, a person is immune from civil liability for damages or an injury resulting from exposure of an individual to coronavirus. (2) Immunity as described in this section shall not apply to acts or omissions that constitute an intentional tort or willful or reckless misconduct as defined in section 6-1601, Idaho Code.
Penalty
None (civil immunity); the exception is measured by the § 6-1601(10) definition (Ex. DUT-ID-018)
What it required
Conferred immunity from civil liability for coronavirus-exposure claims on every 'person' (individuals, corporations, LLCs, partnerships, churches, cities, counties, school districts and universities), excepting 'an intentional tort or willful or reckless misconduct as defined in section 6-1601'; the Act states no compliance-with-guidance condition; it does not modify 'title 72, Idaho Code, worker's compensation' (sec. 6-3403(3)); it does not touch the criminal duties under the public health laws or the orders' penalty clauses.
Retrieval noteRecorded exactly as its text has it: Idaho's shield carries no condition of compliance with governmental health standards or guidance. The legal standard it preserves is the § 6-1601(10) standard of willful or reckless misconduct, which turns on what the person 'knows or should know' about the harm the conduct 'creates' and its 'high probability'; the governmental protocols and the orders' mandatory conditions are the public record of what every Idaho employer knew or should have known. Bill status page: Session Law Chapter 2; Effective 08/27/2020.