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ID S1132
Bill
AI Summary
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Amends Section 6-903 to designate an operating agency of irrigation districts and its member districts as a single governmental unit for tort liability purposes, requiring claims arising from construction, operation, or maintenance of impoundments, canals, laterals, drains, or associated facilities to be brought only against the operating unit.
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Establishes that a governmental entity must provide defense and indemnification to employees for claims related to employment conduct, except when the employee's act or omission falls outside the course and scope of employment or involves malice or criminal intent.
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Amends Section 6-926 to apply a combined aggregate liability limit of $500,000 to claims arising from irrigation district operations, treating the operating agency, member irrigation districts, and their respective employees as a single governmental entity for liability cap purposes.
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Maintains the $500,000 aggregate liability cap per occurrence for all governmental entities unless additional liability insurance exceeds this limit, in which case the insurance proceeds become the controlling limit.
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Authorizes courts to reduce judgments exceeding applicable liability limits on a pro rata basis when multiple claims are adjudicated simultaneously or to account for prior settlements and satisfied judgments.
Legislative Description
Amends existing law relating to the Idaho Tort Claims Act to provide that a certain board and its member districts shall be considered a single governmental unit and certain claims may be brought and pursued only against the operating unit; and to provide for the combined aggregate limit of liability for a certain operating agency, its member irrigation districts and their respective employees.
TORT CLAIM LAW
Last Action
Governor signed Session Law Chapter 197 Effective: 07/01/11
4/5/2011