43-204B. BYLAW LIMITING DIRECTOR LIABILITY AUTHORIZED. The bylaws of the district may set forth a provision eliminating or limiting the personal liability of a director to the district or its qualified electors for monetary damages for breach of fiduciary duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(a) For any breach of the director’s duty of loyalty to the district or its qualified electors.
(b) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.
(c) For any transaction from which the director derived an improper personal benefit.
No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective.
History:
[43-204B, added 1988, ch. 325, sec. 2, p. 988.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 2 - ELECTION OF DIRECTORS
Section 43-201 - ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS.
Section 43-201A - WHEN ELECTION NOT REQUIRED.
Section 43-202 - DIRECTOR’S OATH AND BOND.
Section 43-203 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PETITION.
Section 43-204 - INCREASING OR DECREASING NUMBER OF DIRECTORS — HEARING AND ELECTION.
Section 43-204A - INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
Section 43-204B - BYLAW LIMITING DIRECTOR LIABILITY AUTHORIZED.
Section 43-205 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PROCEDURE FOLLOWING ELECTION.
Section 43-206 - NOTICE OF ELECTION — APPOINTMENT OF JUDGES.
Section 43-207 - CONDUCT OF ELECTION.
Section 43-208 - CANVASS OF RETURNS.
Section 43-210 - VOTING AND COUNT OF BALLOTS.
Section 43-211 - DISPOSAL OF BALLOTS.
Section 43-212 - INFORMALITIES DISREGARDED — POSTPONEMENT OF CANVASS.
Section 43-213 - STATEMENT OF RESULT.
Section 43-214 - INITIATING RECALL PROCEEDINGS — STATEMENT — CONTENTS — VERIFICATION — DEFINITIONS.
Section 43-215 - PETITION — WHERE FILED.
Section 43-216 - BALLOT SYNOPSIS.
Section 43-217 - DETERMINATION BY MAGISTRATE COURT — CORRECTION OF BALLOT SYNOPSIS.
Section 43-218 - FILING SUPPORTING SIGNATURES — TIME LIMITATIONS.
Section 43-219 - PETITION — FORM.
Section 43-220 - PETITION — SIZE.
Section 43-221 - NUMBER OF SIGNATURES REQUIRED.
Section 43-222 - CANVASSING PETITION FOR SUFFICIENCY OF SIGNATURES — NOTICE.
Section 43-223 - VERIFICATION AND CANVASS OF SIGNATURES — PROCEDURE.
Section 43-224 - FIXING DATE FOR RECALL ELECTION — NOTICE.
Section 43-225 - RESPONSE TO PETITION CHARGES.
Section 43-226 - DESTRUCTION OF INSUFFICIENT RECALL PETITION.
Section 43-227 - INVALID NAMES — RECORD OF.
Section 43-228 - CONDUCT OF ELECTION — FORM OF BALLOT.
Section 43-229 - ASCERTAINING THE RESULT — WHEN RECALL EFFECTIVE.
Section 43-230 - ENFORCEMENT PROVISIONS — MANDAMUS — APPEALS.