Judiciary Concludes by Recommending Special Session for Liability Reform

Thursday, July 30 the joint Judiciary Working Group–composed of the standing House and Senate Judiciary Committees–met via videoconference for more than three hours.  During the course of its meeting, the working group fulfilled the purpose for which it had been commissioned by approving suggested legislation and voting overwhelmingly to request that Governor Little calling a special session.

The Working Group recommended legislation that would spell out liability expectations during times of declared emergencies–including during the current response to COVID-19.

Presenting draft legislation, Working Group Co-Chair Greg Chaney said: “My goal has always been to ensure that we aren’t authorizing poor behavior, that we aren’t giving coverage to bad actors, but rather, we’re allowing people to do their best in a rational way.”

The proposal would provide certainty to educators, parents, and business owners by providing a higher threshold to be sued to those making a “good-faith” attempt to comply with applicable laws and mitigate the effects of an emergency.

The full text of the proposal is here:

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After voting to recommend the legislation, the working group then voted overwhelmingly to recommend a special session of the legislature when it reports.  Under the Idaho Constitution only the Governor can call a special session of the legislature. Governor Little has indicated for weeks that his willingness to do so was predicated on receiving a specific proposal.

Video of the full meeting is linked here:

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