US Laws, Codes, Statutes & Cases

                                  TITLE  38
                        FORESTRY, FOREST PRODUCTS AND
                              STUMPAGE DISTRICTS
                                  CHAPTER 1
                              IDAHO FORESTRY ACT
    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.