2005 Idaho Code - 31-4812 — IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COMMUNICATIONS SERVICE

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 48
                         EMERGENCY COMMUNICATIONS ACT
    31-4812.  IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY
COMMUNICATIONS SERVICE. In order to further the purposes of this chapter, and
to encourage the development of consolidated emergency communications systems,
the legislature finds that telecommunications providers making available
consolidated emergency communications systems and related services shall not
be subject to liability in conjunction with providing such services except on
the terms stated below.
    (1)  No telecommunications provider shall be liable to any person for the
good faith release to emergency communications system personnel of information
not in the public record including, but not limited to, nonpublished or
nonlisted telephone numbers.
    (2)  A telecommunications provider making available emergency
communications systems or services, and its employees and agents, shall not be
liable in tort to any person for damages alleged to have been caused by the
design, development, installation, maintenance or provision of consolidated
emergency communications systems or services, unless such entities or persons
act with malice or criminal intent, or commit reckless, willful and wanton
conduct.
    (3)  For the purposes of this section, "reckless, willful and wanton
conduct" is defined as an intentional and knowing action, or failure to act,
creating an unreasonable risk of harm to another, and which involves a high
degree of probability that such harm will result.