Idaho State Statutes - Idaho Attorney Directory

(1) Any person who knowingly
enters into any area that has been closed to the public by competent authority
for any reason, where such closure is posted by sign, barricade or other
device, is liable for the expenses of an emergency response required to search
for or rescue such person or, if the person was operating a vehicle, any of
his or her passengers, plus expenses for the removal of any inoperable
vehicle. This section 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.
(2) Unless otherwise provided by law, subsection (1) of this section
shall apply only to persons eighteen (18) years of age or older and shall
apply to all such persons irrespective of whether the person is on foot, on
skis or snowshoes, or is operating a motor vehicle, bicycle, vessel,
watercraft, raft, snowmobile, all-terrain vehicle, or any other boat or
vehicle of any description.
(3) Unless otherwise provided by law, subsection (1) of this section
shall only apply to the person who knowingly enters the closed area, and not
to his or her family, heirs or assigns.
(4) Expenses of an emergency response are a charge against the person
liable for those expenses pursuant to subsection (1) of this section. The
charge constitutes a debt of that person and may be collected proportionately
by the public agencies, for-profit entities and not-for-profit entities that
incurred the expenses. The person's liability for expenses of an emergency
response shall not exceed four thousand dollars ($4,000) for a single
incident. The liability imposed under this section is in addition to and not
in limitation of any other liability that is imposed.
(5) An insurance policy may exclude coverage for a person's liability for
expenses of an emergency response under this section.
(6) Any public agency or private entity that receives full reimbursement
from the state search and rescue fund shall not attempt to collect any money
from the person. In such cases, the debt described in subsection (4) of this
section is collectable by the state of Idaho for reimbursement to the state
search and rescue fund.
(7) For purposes of this section:
(a) "Expenses of an emergency response" means those reasonable and
necessary costs directly incurred by public agencies, for-profit entities
or not-for-profit entities that make an appropriate emergency response to
an incident, and shall include the cost of providing police, firefighting,
search and rescue, and emergency medical services at the scene of an
incident and the salaries of the persons who respond to the incident.
(b) "Public agency" means this state and any city, county, municipal
corporation or other public authority that is located in whole or in part
in this state and that provides police, firefighting, medical or other
emergency services.

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