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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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