38-104A. NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS — RESTRICTIONS ON LIABILITY. (1) "Nonprofit timber protective association" means a nonprofit corporation, or nonprofit unincorporated association, that has entered into a contract for the detection, prevention or suppression of forest and range fires with the state of Idaho or any agency of the state of Idaho pursuant to title 38, Idaho Code.
(2) A nonprofit timber protective association and its employees, while acting within the scope of their employment, and while performing a contract with the state of Idaho or any agency of the state of Idaho, without malice or criminal intent, shall not be liable for any claim for bodily or personal injury, death, property damage or other loss that arises out of an act or omission of an employee based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of the nonprofit timber protective association or its employee, whether or not the discretion is abused.
(3) A nonprofit timber protective association and its employees, while acting within the scope of their employment, and while performing a contract with the state of Idaho or any agency of the state of Idaho, shall not be liable for punitive damages on any claim for bodily or personal injury, death, property damage or other loss.
(4) The combined aggregate liability of a nonprofit timber protective association and its employees for damages, costs and attorney’s fees for bodily or personal injury, death, property damage, or other loss as a result of any one (1) accident, arising out of the performance of a contract with the state of Idaho or any agency of the state of Idaho, regardless of the number of persons injured, the number of claimants, or the number of properties damaged, shall not exceed the sum of five hundred thousand dollars ($500,000), unless the nonprofit timber protective association has valid and collectible liability insurance coverage in excess of five hundred thousand dollars ($500,000), in which event the combined aggregate liability shall be the remaining available proceeds of such insurance.
History:
[38-104A, added 2006, ch. 153, sec. 1, p. 468.]
Structure Idaho Code
Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS
Chapter 1 - IDAHO FORESTRY ACT
Section 38-102 - DUTIES OF DIRECTOR OF DEPARTMENT OF LANDS.
Section 38-104 - COOPERATION WITH OTHER AGENCIES — RESTRICTIONS.
Section 38-104A - NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS — RESTRICTIONS ON LIABILITY.
Section 38-104B - NONPROFIT RANGELAND FIRE PROTECTION ASSOCIATIONS.
Section 38-105 - STATE FOREST AND RANGE LANDS — APPLICATION OF CHAPTERS.
Section 38-106 - HEARING OF AGGRIEVED LANDOWNER.
Section 38-107 - UNCONTROLLED FIRES A NUISANCE — ABATEMENT — CIVIL LIABILITY.
Section 38-108 - PROTECTION BY WOODWORKING AND WOOD PRODUCT PLANTS.
Section 38-109 - PENALTY FOR VIOLATION — INJUNCTION — SUSPENSION OF RESTRICTIONS.
Section 38-110 - FOREST PROTECTIVE DISTRICTS — FIRE WARDENS.
Section 38-111 - PROTECTION BY OWNER — ASSESSMENTS — BUDGET OF PROTECTIVE DISTRICTS.
Section 38-112 - CHARGES A LIEN — METHOD OF COLLECTION.
Section 38-113 - PURCHASER OF FOREST PRODUCTS RESPONSIBLE FOR PROTECTION — LIENS.
Section 38-114 - STATE TO PAY PRO RATA FOR FIRE PROTECTION — DEFICIENCY WARRANTS.
Section 38-116 - CAMPFIRES — ACTS PROHIBITED — PENALTY.
Section 38-117 - THROWING AWAY LIGHTED MATERIAL — PENALTY.
Section 38-118 - DUTY OF RAILROADS — PENALTIES.
Section 38-119 - NOTIFICATION OF FIRES BY RAILROAD EMPLOYEES — PENALTY.
Section 38-120 - INSTRUCTION TO EMPLOYEES OF RAILROADS.
Section 38-121 - OPERATION OF ENGINES WITHOUT ADEQUATE PROTECTION — PENALTY — INJUNCTION.
Section 38-124 - PRECAUTIONS IN DISPOSAL OF SLASH — SEPARATE OFFENSES — PENALTY.
Section 38-126 - INTERFERENCE WITH PROTECTIVE AGENCIES — PENALTY.
Section 38-127 - DESTRUCTION OF SIGNS AND WARNINGS — PENALTIES.
Section 38-128 - DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL.
Section 38-129 - FOREST PROTECTION FUND — CUSTODY, SOURCES AND APPROPRIATION — DISBURSEMENT.
Section 38-130 - DISPOSITION OF FINES.
Section 38-131 - DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION.
Section 38-131A - DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED RANGE LANDS.
Section 38-132 - REGULATIONS OF THE BOARD — PENALTY FOR VIOLATION.
Section 38-133 - OFFICERS CHARGED WITH ENFORCEMENT.
Section 38-134 - FOREST PRACTICES ACT ADMINISTRATION — FUNDING.