View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2006
IN 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