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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 - 2002IN 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 - 2002Moved 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 - 2002IN 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.
REPRINT REPRINT REPRINT REPRINT REPRINT 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