The COVID Project
The record
- Jurisdiction
- Idaho
- Level
- State
- Authority
- Idaho Const. art. III; enacted 1987 Idaho Sess. Laws ch. 278; amended 1990 ch. 105, 2008 ch. 83, 2017 ch. 58, 2020 ch. 294
- Issued
- 2020-07-01 July 1, 2020
- Effective
- standing; the definition incorporated by Idaho Code § 6-3403(2) (Ex. DUT-ID-016) (read as 2020-07-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 1, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- persons generally (through § 6-3403(2))
- Character
- liability shield condition
- Collection
- Standing duties: Idaho DUT-ID
Operative words
(10) "Willful or reckless misconduct" means conduct in which a person makes a conscious choice as to the person's course of conduct under circumstances in which the person knows or should know that such conduct both creates an unreasonable risk of harm to another and involves a high probability that such harm will actually result.
Penalty
Loss of immunity under § 6-3403(2); ordinary civil liability
What it required
Supplied the standard that bounds the coronavirus immunity: a person who makes a conscious choice of conduct knowing or having reason to know that the conduct creates the harm and involves a high probability of it is outside the shield; the governmental orders, protocols and CDC guidance of record fix what an Idaho employer 'knows or should know'.
Retrieval noteThe capture post-dates the 2020 ch. 294 amendment (effective July 1, 2020) and therefore states the definition as it stood when H0006 incorporated it on Aug. 27, 2020.