Print Friendly HOUSE BILL NO. 116 – Search/rescue costs, liability
HOUSE BILL NO. 116
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H0116...................................by JUDICIARY, RULES AND ADMINISTRATION
SEARCH AND RESCUE - COSTS - Amends existing law to provide that liability for
search and rescue costs shall not apply to any person who is authorized by the
land owner, lessor or manager of the closed area to be in the closed area, and
further shall have no application to any federal, state or local government
official who is in the closed area as part of his or her official duty, nor to
any person acting in concert with a government authorized search or rescue.
01/24 House intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 63-0-7
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
NAYS -- None
Absent and excused -- Barrett, Bieter, Collins, Eberle, Jones, Rydalch,
Floor Sponsor - Edmunson
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Marley
Title apvd - to House
03/04 To enrol
03/05 Rpt enrol - Sp signed
03/06 Pres signed
03/07 To Governor
03/11 Governor signed
Session Law Chapter 38
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 116
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO LIABILITY FOR EMERGENCY RESPONSE; AMENDING SECTION 6-2401, IDAHO
3 CODE, TO PROVIDE THAT LIABILITY FOR SEARCH AND RESCUE COSTS SHALL NOT
4 APPLY TO ANY PERSON WHO IS AUTHORIZED BY THE LAND OWNER, LESSOR OR MANAGER
5 OF THE CLOSED AREA, TO BE IN THE CLOSED AREA, AND FURTHER SHALL HAVE NO
6 APPLICATION TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT OFFICIAL WHO IS IN
7 THE CLOSED AREA AS PART OF HIS OR HER OFFICIAL DUTY, NOR TO ANY PERSON
8 ACTING IN CONCERT WITH A GOVERNMENT AUTHORIZED SEARCH OR RESCUE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 6-2401, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 6-2401. LIABILITY FOR EMERGENCY RESPONSES. (1) Any person who knowingly
13 enters into any area that has been closed to the public by competent authority
14 for any reason, where such closure is posted by sign, barricade or other
15 device, is liable for the expenses of an emergency response required to search
16 for or rescue such person or, if the person was operating a vehicle, any of
17 his or her passengers, plus expenses for the removal of any inoperable vehi-
18 cle. This section shall not apply to any person who is authorized by the land
19 owner, lessor or manager of the closed area, to be in the closed area, and
20 further shall have no application to any federal, state or local government
21 official who is in the closed area as part of his or her official duty, nor to
22 any person acting in concert with a government authorized search or rescue.
23 (2) Unless otherwise provided by law, subsection (1) of this section
24 shall apply only to persons eighteen (18) years of age or older and shall
25 apply to all such persons irrespective of whether the person is on foot, on
26 skis or snowshoes, or is operating a motor vehicle, bicycle, vessel, water-
27 craft, raft, snowmobile, all-terrain vehicle, or any other boat or vehicle of
28 any description.
29 (3) Unless otherwise provided by law, subsection (1) of this section
30 shall only apply to the person who knowingly enters the closed area, and not
31 to his or her family, heirs or assigns.
32 (4) Expenses of an emergency response are a charge against the person
33 liable for those expenses pursuant to subsection (1) of this section. The
34 charge constitutes a debt of that person and may be collected proportionately
35 by the public agencies, for-profit entities and not-for-profit entities that
36 incurred the expenses. The person's liability for expenses of an emergency
37 response shall not exceed four thousand dollars ($4,000) for a single inci-
38 dent. The liability imposed under this section is in addition to and not in
39 limitation of any other liability that is imposed.
40 (5) An insurance policy may exclude coverage for a person's liability for
41 expenses of an emergency response under this section.
42 (6) Any public agency or private entity that receives full reimbursement
43 from the state search and rescue fund shall not attempt to collect any money
1 from the person. In such cases, the debt described in subsection (4) of this
2 section is collectable by the state of Idaho for reimbursement to the state
3 search and rescue fund.
4 (7) For purposes of this section:
5 (a) "Expenses of an emergency response" means those reasonable and neces-
6 sary costs directly incurred by public agencies, for-profit entities or
7 not-for-profit entities that make an appropriate emergency response to an
8 incident, and shall include the cost of providing police, firefighting,
9 search and rescue, and emergency medical services at the scene of an inci-
10 dent and the salaries of the persons who respond to the incident.
11 (b) "Public agency" means this state and any city, county, municipal cor-
12 poration or other public authority that is located in whole or in part in
13 this state and that provides police, firefighting, medical or other emer-
14 gency services.
15 SECTION 2. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after its
17 passage and approval.
STATEMENT OF PURPOSE
The purpose of this bill is to clarify existing law
regarding who may be liable for deliberately ignoring signs,
barricades or other devices, entering closed areas and becoming
lost, thereby causing the need for a search and rescue.
Currently the law does not explicitly state that persons who are
authorized to be on the land and who become lost cannot be held
liable. This bill will make it clear that such persons cannot be
proceeded against in court.
This bill has no fiscal impact on the general fund.
CONTACT: Michael J. Kane(Phone 342-4545)
Idaho Sheriffs Association
STATEMENT OF PURPOSE/FISCAL NOTE H 116