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H0467aa..............................by JUDICIARY, RULES AND ADMINISTRATION
EMERGENCY RESPONSE - LIABILITY - Adds to existing law to provide for
liability for costs for certain emergency responses.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/01 Rpt out - to Gen Ord
02/05 Rpt out amen - to engros
02/06 Rpt engros - 1st rdg - to 2nd rdg as amen
02/07 2nd rdg - to 3rd rdg as amen
02/12 3rd rdg as amen - PASSED - 59-9-2
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kunz, Lake, Langford, Martinez, Meyer, Mortensen, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Barrett, Callister, Kendell, Loertscher, Mader, McKague,
Moyle, Roberts, Tilman
Absent and excused -- Henbest, Montgomery
Floor Sponsor - Shepherd
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 19-14-2
AYES -- Andreason, Branch(Bartlett), Brandt, Bunderson, Darrington,
Dunklin, Goedde, Hill, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Thorne, Wheeler
NAYS -- Burtenshaw, Cameron, Davis, Deide, Frasure, Geddes, Hawkins,
Ingram, Schroeder, Sims, Sorensen, Stegner, Stennett, Williams
Absent and excused -- Boatright, Ipsen
Floor Sponsor - King-Barrutia
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/26 Governor signed
Session Law Chapter 267
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 467
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO EMERGENCY RESPONSES; AMENDING TITLE 6, IDAHO CODE, BY THE ADDITION
3 OF A NEW CHAPTER 24, TITLE 6, IDAHO CODE, TO PROVIDE FOR LIABILITY FOR
4 CERTAIN EMERGENCY RESPONSES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Title 6, Idaho Code, be, and the same is hereby amended
7 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
8 ter 24, Title 6, Idaho Code, and to read as follows:
9 CHAPTER 24
10 LIABILITY FOR EMERGENCY RESPONSES
11 6-2401. LIABILITY FOR EMERGENCY RESPONSES. (1) Any person who knowingly
12 enters into any area that has been closed to the public by competent authority
13 for any reason, where such closure is posted by sign, barricade or other
14 device, is liable for the expenses of an emergency response required to search
15 for or rescue such person or, if the person was operating a vehicle, any of
16 his or her passengers, plus expenses for the removal of any inoperable vehi-
17 cle.
18 (2) Unless otherwise provided by law, subsection (1) of this section
19 shall apply only to persons eighteen (18) years of age or older and shall
20 apply to all such persons irrespective of whether the person is on foot, on
21 skis or snowshoes, or is operating a motor vehicle, bicycle, vessel, water-
22 craft, raft, snowmobile, all-terrain vehicle, or any other boat or vehicle of
23 any description.
24 (3) Unless otherwise provided by law, subsection (1) of this section
25 shall only apply to the person who knowingly enters the closed area, and not
26 to his or her family, heirs or assigns.
27 (4) Expenses of an emergency response are a charge against the person
28 liable for those expenses pursuant to subsection (1) of this section. The
29 charge constitutes a debt of that person and may be collected proportionately
30 by the public agencies, for-profit entities and not-for-profit entities that
31 incurred the expenses. The person's liability for expenses of an emergency
32 response shall not exceed two thousand dollars ($2,000) for a single incident.
33 The liability imposed under this section is in addition to and not in limita-
34 tion of any other liability that is imposed.
35 (5) An insurance policy may exclude coverage for a person's liability for
36 expenses of an emergency response under this section.
37 (6) Any public agency or private entity that receives full reimbursement
38 from the state search and rescue fund shall not attempt to collect any money
39 from the person. In such cases, the debt described in subsection (4) of this
40 section is collectable by the state of Idaho for reimbursement to the state
41 search and rescue fund.
42 (7) For purposes of this section:
2
1 (a) "Expenses of an emergency response" means those reasonable and neces-
2 sary costs directly incurred by public agencies, for-profit entities or
3 not-for-profit entities that make an appropriate emergency response to an
4 incident, and shall include the cost of providing police, firefighting,
5 search and rescue, and emergency medical services at the scene of an inci-
6 dent and the salaries of the persons who respond to the incident.
7 (b) "Public agency" means this state and any city, county, municipal cor-
8 poration or other public authority that is located in whole or in part in
9 this state and that provides police, firefighting, medical or other emer-
10 gency services.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Sellman
Seconded by Gould
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 467
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 32, delete "two" and insert:
3 "four"; and also in line 32, delete "$2,000" and insert: "$4,000".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 467, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO EMERGENCY RESPONSES; AMENDING TITLE 6, IDAHO CODE, BY THE ADDITION
3 OF A NEW CHAPTER 24, TITLE 6, IDAHO CODE, TO PROVIDE FOR LIABILITY FOR
4 CERTAIN EMERGENCY RESPONSES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Title 6, Idaho Code, be, and the same is hereby amended
7 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
8 ter 24, Title 6, Idaho Code, and to read as follows:
9 CHAPTER 24
10 LIABILITY FOR EMERGENCY RESPONSES
11 6-2401. LIABILITY FOR EMERGENCY RESPONSES. (1) Any person who knowingly
12 enters into any area that has been closed to the public by competent authority
13 for any reason, where such closure is posted by sign, barricade or other
14 device, is liable for the expenses of an emergency response required to search
15 for or rescue such person or, if the person was operating a vehicle, any of
16 his or her passengers, plus expenses for the removal of any inoperable vehi-
17 cle.
18 (2) Unless otherwise provided by law, subsection (1) of this section
19 shall apply only to persons eighteen (18) years of age or older and shall
20 apply to all such persons irrespective of whether the person is on foot, on
21 skis or snowshoes, or is operating a motor vehicle, bicycle, vessel, water-
22 craft, raft, snowmobile, all-terrain vehicle, or any other boat or vehicle of
23 any description.
24 (3) Unless otherwise provided by law, subsection (1) of this section
25 shall only apply to the person who knowingly enters the closed area, and not
26 to his or her family, heirs or assigns.
27 (4) Expenses of an emergency response are a charge against the person
28 liable for those expenses pursuant to subsection (1) of this section. The
29 charge constitutes a debt of that person and may be collected proportionately
30 by the public agencies, for-profit entities and not-for-profit entities that
31 incurred the expenses. The person's liability for expenses of an emergency
32 response shall not exceed four thousand dollars ($4,000) for a single inci-
33 dent. The liability imposed under this section is in addition to and not in
34 limitation of any other liability that is imposed.
35 (5) An insurance policy may exclude coverage for a person's liability for
36 expenses of an emergency response under this section.
37 (6) Any public agency or private entity that receives full reimbursement
38 from the state search and rescue fund shall not attempt to collect any money
39 from the person. In such cases, the debt described in subsection (4) of this
40 section is collectable by the state of Idaho for reimbursement to the state
41 search and rescue fund.
42 (7) For purposes of this section:
2
1 (a) "Expenses of an emergency response" means those reasonable and neces-
2 sary costs directly incurred by public agencies, for-profit entities or
3 not-for-profit entities that make an appropriate emergency response to an
4 incident, and shall include the cost of providing police, firefighting,
5 search and rescue, and emergency medical services at the scene of an inci-
6 dent and the salaries of the persons who respond to the incident.
7 (b) "Public agency" means this state and any city, county, municipal cor-
8 poration or other public authority that is located in whole or in part in
9 this state and that provides police, firefighting, medical or other emer-
10 gency services.
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STATEMENT OF PURPOSE
RS 11669
It is an unfortunate fact that persons often ignore posted
warnings and enter areas that are closed to the public. As a
result, it is often necessary for search and rescue teams to look
for and rescue such persons.
This bill creates a cause of action by emergency response
entities, counties and the Idaho State Search and Rescue Fund
which allows them to obtain reimbursement for expenses of
emergency responses from such persons who deliberately enter
areas that have been closed to the public and later need
rescuing. The bill only applies to adults, and only applies to
the persons who create the problem by entering closed areas. The
bill does not apply to such person’s estate or family. The
reimbursement amount is capped at $4,000. Insurance companies
may exclude coverage for such person’s liability.
FISCAL IMPACT
None.
Contact
Name: Idaho Sheriff’s Assn., Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 467