2002 Legislation
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HOUSE BILL NO. 467 – Emergency response, liability

HOUSE BILL NO. 467

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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.

Statement of Purpose / Fiscal Impact


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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