Rating: +1

Bill Summary:

House Bill 389 revises Idaho’s wildfire response statutes to strengthen the state’s authority to suppress uncontrolled fires, particularly those on federal land. It amends Section 38-107 to clarify that individuals responsible for negligent but unintentional fire ignition are liable only for suppression costs, economic damages, and either diminished property value or reasonable restoration costs. This reform limits excessive liability and shields property owners and local governments from open-ended lawsuits, provided the act was not willful or malicious. A 10-year statute of limitations is also established for related civil claims.

The bill also creates a new section, 38-131B, granting the Governor emergency authority to deploy state firefighting resources to combat wildfires on federal lands when they pose an immediate threat to Idaho citizens or property. In such cases, the State Controller may issue deficiency warrants from the general fund to cover costs, and the Attorney General is required to pursue civil actions to recover those costs and reimburse the state. The bill includes an emergency clause and would take effect upon passage.

Reason for Rating:

House Bill 389 aligns with the Idaho Republican Party Platform’s priorities of protecting property rights, limiting frivolous litigation, defending state sovereignty, and ensuring responsible fiscal policy. It prevents unjust financial ruin for individuals who accidentally start a fire while still holding them accountable for real damages. At the same time, it empowers Idaho to take control when federal land management fails to act quickly, defending lives and property without waiting on Washington. This bill embodies the platform’s call for practical governance, local control, and constitutional responsibility. For these reasons, it earns a +1 rating.