2006 Legislation
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SENATE BILL NO. 1299 – Timber protective assn, liability

SENATE BILL NO. 1299

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Bill Status



S1299..........................................by RESOURCES AND ENVIRONMENT
NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS - Adds to existing law relating to
nonprofit timber protective associations to provide specified restrictions
relating to liability of nonprofit timber protective associations while
performing contracts with the state of Idaho or any agency of the state of
Idaho.
                                                                        
01/24    Senate intro - 1st rdg - to printing
01/25    Rpt prt - to Res/Env
02/02    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 27-8-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
      Cameron, Coiner, Compton, Corder, Darrington, Fulcher, Gannon,
      Goedde, Hill, Jorgenson, Keough, Langhorst, Little, Lodge, Marley,
      McGee, Pearce, Richardson, Schroeder, Stegner, Sweet, Williams
      NAYS -- Burkett, Davis, Geddes, Kelly, Malepeai, McKenzie, Stennett,
      Werk
      Absent and excused -- None
    Floor Sponsor - Little
    Title apvd - to House
02/13    House intro - 1st rdg - to Res/Con
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 61-4-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pence, Raybould, Ring,
      Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Henbest, Pasley-Stuart, Ringo, Smith(24)
      Absent and excused -- Bastian, Crow, Loertscher, Snodgrass, Wood
    Floor Sponsor - Denney
    Title apvd - to Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Governor
03/22    Governor signed
         Session Law Chapter 153
         Effective: 03/22/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1299
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO NONPROFIT TIMBER  PROTECTIVE  ASSOCIATIONS;  AMENDING  CHAPTER  1,
  3        TITLE  38,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 38-104A, IDAHO
  4        CODE, TO DEFINE A TERM AND TO PROVIDE SPECIFIED RESTRICTIONS  RELATING  TO
  5        LIABILITY  OF  NONPROFIT  TIMBER  PROTECTIVE ASSOCIATIONS WHILE PERFORMING
  6        CONTRACTS WITH THE STATE OF IDAHO OR ANY AGENCY OF THE STATE OF IDAHO; AND
  7        DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 1, Title 38, Idaho Code,  be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 38-104A, Idaho Code, and to read as follows:
                                                                        
 12        38-104A.  NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS -- RESTRICTIONS ON LIA-
 13    BILITY. (1) "Nonprofit timber protective association" means a nonprofit corpo-
 14    ration, or nonprofit unincorporated association, that has entered into a  con-
 15    tract  for  the detection, prevention or suppression of forest and range fires
 16    with the state of Idaho or any agency of the state of Idaho pursuant to  title
 17    38, Idaho Code.
 18        (2)  A  nonprofit  timber  protective association and its employees, while
 19    acting within the scope of their employment, and while performing  a  contract
 20    with the state of Idaho or any agency of the state of Idaho, without malice or
 21    criminal  intent,  shall  not  be  liable for any claim for bodily or personal
 22    injury, death, property damage or other loss that arises  out  of  an  act  or
 23    omission of an employee based upon the exercise or performance, or the failure
 24    to  exercise  or  perform, a discretionary function or duty on the part of the
 25    nonprofit timber protective association or its employee, whether  or  not  the
 26    discretion is abused.
 27        (3)  A  nonprofit  timber  protective association and its employees, while
 28    acting within the scope of their employment, and while performing  a  contract
 29    with the state of Idaho or any agency of the state of Idaho, shall not be lia-
 30    ble  for  punitive  damages on any claim for bodily or personal injury, death,
 31    property damage or other loss.
 32        (4)  The combined aggregate liability of  a  nonprofit  timber  protective
 33    association  and  its  employees  for  damages,  costs and attorney's fees for
 34    bodily or personal injury, death, property damage, or other loss as  a  result
 35    of any one (1) accident, arising out of the performance of a contract with the
 36    state  of  Idaho or any agency of the state of Idaho, regardless of the number
 37    of persons injured, the number of claimants, or the number of properties  dam-
 38    aged,  shall  not  exceed the sum of five hundred thousand dollars ($500,000),
 39    unless the nonprofit timber protective association has valid  and  collectible
 40    liability  insurance  coverage  in  excess  of  five  hundred thousand dollars
 41    ($500,000), in which event the  combined  aggregate  liability  shall  be  the
 42    remaining available proceeds of such insurance.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15733

     The purpose of this legislation is to define the term
"Nonprofit Timber Protective Association" and to provide
specified restrictions relating to liability of Nonprofit Timber
Protective Associations and their employees, while acting within
the scope of their employment, and while performing contracts
with the State of Idaho or any agency of the State of Idaho.


                          FISCAL IMPACT

     There is no fiscal impact.




Contact  
Name:  Senator Little
Phone: 332-1304

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1299