SENATE BILL NO. 1317

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Bill Status



S1317aa...............................................by HEALTH AND WELFARE
LICENSED EMERGENCY MEDICAL SERVICES AGENCY - Amends existing law to clarify
jurisdiction of licensed emergency medical service agencies; and to provide
an exception to jurisdiction of the sheriff over certain search and rescue
situations.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Health/Wel
02/23    Rpt out - to 14th Ord
03/02    Rpt out amen - to engros
03/03    Rpt engros - 1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/09    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Brandt
    Title apvd - to House
03/10    House intro - 1st rdg - to Health/Wel
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 62-0-8
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bell, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Wills, Wood
      NAYS -- None
      Absent and excused -- Bauer, Bedke, Clark, Harwood, Kulczyk,
      Smith(24), Trail, Mr. Speaker
    Floor Sponsor - Cuddy
    Title apvd - to Senate
03/20    To enrol - Rpt enrol - Pres signed
03/22    Sp signed - To Governor
04/02    Governor signed
         Session Law Chapter 373
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1317
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EMERGENCY SERVICES; AMENDING SECTION 46-1007, IDAHO CODE, TO CLAR-
  3        IFY JURISDICTION OF  LICENSED  EMERGENCY  MEDICAL  SERVICE  AGENCIES;  AND
  4        AMENDING SECTION 46-1009, IDAHO CODE, TO PROVIDE AN EXCEPTION TO JURISDIC-
  5        TION OF THE SHERIFF.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 46-1007, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        46-1007.  LIMITATIONS. Nothing in this act shall be construed to:
 10        (1)  Interfere with the course or conduct of a labor dispute, except  that
 11    actions  otherwise authorized by this act or other laws may be taken when nec-
 12    essary to forestall or mitigate imminent or existing danger to  public  health
 13    or safety;
 14        (2)  Interfere with dissemination of news or comment on public affairs;
 15        (3)  Affect  the  jurisdiction  or responsibilities of police forces, fire
 16    fighting forces, local emergency medical service (EMS)  agencies  licensed  by
 17    the  state  department  of  health  and welfare EMS bureau, units of the armed
 18    forces of the United States, or of any personnel thereof, when on active duty;
 19    but state, local, and intergovernmental disaster emergency plans  shall  place
 20    reliance  upon  the  forces  available for performance of functions related to
 21    disaster emergencies; or
 22        (4)  Limit, modify, or abridge the authority of the governor  to  proclaim
 23    martial  law or exercise any other powers vested in him under the constitution
 24    or statutes of this state independent of or in conjunction with any provisions
 25    of this act.
                                                                        
 26        SECTION 2.  That Section 46-1009, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        46-1009.  LOCAL  AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1)
 29    Each county within this state shall be within the jurisdiction of  and  served
 30    by  the  bureau  and  by  a county or intergovernmental agency responsible for
 31    disaster preparedness and coordination of response.
 32        (2)  Each county shall maintain a disaster agency  or  participate  in  an
 33    intergovernmental  disaster  agency  which, except as otherwise provided under
 34    this act, has jurisdiction over and serves the entire county, or shall have  a
 35    liaison officer appointed by the county commissioners designated to facilitate
 36    the  cooperation  and  protection  of that subdivision in the work of disaster
 37    prevention, preparedness, response and recovery.
 38        (3)  The chairman of the board of county commissioners of each  county  in
 39    the state shall notify the bureau of the manner in which the county is provid-
 40    ing  or  securing disaster planning and emergency services. The chairman shall
 41    identify the person who heads the agency or acts in the  capacity  of  liaison
                                                                        
                                           2
                                                                        
  1    from  which the service is obtained, and furnish additional information relat-
  2    ing thereto as the bureau requires.
  3        (4)  Each county and/or intergovernmental agency shall  prepare  and  keep
  4    current a local or intergovernmental disaster emergency plan for its area.
  5        (5)  The  county or intergovernmental disaster agency, as the case may be,
  6    shall prepare and distribute to all appropriate officials in  written  form  a
  7    clear  and  complete  statement of the emergency responsibilities of all local
  8    agencies and officials and of the disaster chain of command.
  9        (6)  Except as provided in subsections (7), (8), and (9) and (10) of  this
 10    section, the sheriff of each county shall:
 11        (a)  be  the  official  responsible  for  command of all search and rescue
 12        operations within his jurisdiction;
 13        (b)  prepare and keep current a plan to  command  the  search  and  rescue
 14        capability and resources available within the county.
 15        (7)  Pursuant  to  chapter 1, title 21, Idaho Code, subsection (6) of this
 16    section shall not apply to all aerial activity related to the search for  lost
 17    aircraft  and airmen which shall be under the direction and supervision of the
 18    director of the Idaho transportation department and coordinated with the divi-
 19    sion of aeronautics.
 20        (8)  Nothing in subsection (6) of this section shall apply to  search  and
 21    rescue operations within the incorporated limits of any city.
 22        (9)  Nothing  in  subsection (6) of this section shall apply to the rescue
 23    of entrapped or injured persons where their location is known to be  within  a
 24    fire district, where the fire district performs such service.
 25        (10) Nothing  contained  in  subsection (6) of this section shall apply to
 26    the rescue of entrapped or injured persons where the service is performed by a
 27    local EMS agency licensed by the state of Idaho.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Brandt              
                                                                        
                                                     Seconded by Pearce              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1317
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 2 of the printed bill, delete line 26 and insert: "the removal  of
  3    entrapped or injured persons where the person's location is known to a".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1317, As Amended
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EMERGENCY SERVICES; AMENDING SECTION 46-1007, IDAHO CODE, TO CLAR-
  3        IFY JURISDICTION OF  LICENSED  EMERGENCY  MEDICAL  SERVICE  AGENCIES;  AND
  4        AMENDING SECTION 46-1009, IDAHO CODE, TO PROVIDE AN EXCEPTION TO JURISDIC-
  5        TION OF THE SHERIFF.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 46-1007, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        46-1007.  LIMITATIONS. Nothing in this act shall be construed to:
 10        (1)  Interfere with the course or conduct of a labor dispute, except  that
 11    actions  otherwise authorized by this act or other laws may be taken when nec-
 12    essary to forestall or mitigate imminent or existing danger to  public  health
 13    or safety;
 14        (2)  Interfere with dissemination of news or comment on public affairs;
 15        (3)  Affect  the  jurisdiction  or responsibilities of police forces, fire
 16    fighting forces, local emergency medical service (EMS)  agencies  licensed  by
 17    the  state  department  of  health  and welfare EMS bureau, units of the armed
 18    forces of the United States, or of any personnel thereof, when on active duty;
 19    but state, local, and intergovernmental disaster emergency plans  shall  place
 20    reliance  upon  the  forces  available for performance of functions related to
 21    disaster emergencies; or
 22        (4)  Limit, modify, or abridge the authority of the governor  to  proclaim
 23    martial  law or exercise any other powers vested in him under the constitution
 24    or statutes of this state independent of or in conjunction with any provisions
 25    of this act.
                                                                        
 26        SECTION 2.  That Section 46-1009, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        46-1009.  LOCAL  AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1)
 29    Each county within this state shall be within the jurisdiction of  and  served
 30    by  the  bureau  and  by  a county or intergovernmental agency responsible for
 31    disaster preparedness and coordination of response.
 32        (2)  Each county shall maintain a disaster agency  or  participate  in  an
 33    intergovernmental  disaster  agency  which, except as otherwise provided under
 34    this act, has jurisdiction over and serves the entire county, or shall have  a
 35    liaison officer appointed by the county commissioners designated to facilitate
 36    the  cooperation  and  protection  of that subdivision in the work of disaster
 37    prevention, preparedness, response and recovery.
 38        (3)  The chairman of the board of county commissioners of each  county  in
 39    the state shall notify the bureau of the manner in which the county is provid-
 40    ing  or  securing disaster planning and emergency services. The chairman shall
 41    identify the person who heads the agency or acts in the  capacity  of  liaison
                                                                        
                                           2
                                                                        
  1    from  which the service is obtained, and furnish additional information relat-
  2    ing thereto as the bureau requires.
  3        (4)  Each county and/or intergovernmental agency shall  prepare  and  keep
  4    current a local or intergovernmental disaster emergency plan for its area.
  5        (5)  The  county or intergovernmental disaster agency, as the case may be,
  6    shall prepare and distribute to all appropriate officials in  written  form  a
  7    clear  and  complete  statement of the emergency responsibilities of all local
  8    agencies and officials and of the disaster chain of command.
  9        (6)  Except as provided in subsections (7), (8), and (9) and (10) of  this
 10    section, the sheriff of each county shall:
 11        (a)  be  the  official  responsible  for  command of all search and rescue
 12        operations within his jurisdiction;
 13        (b)  prepare and keep current a plan to  command  the  search  and  rescue
 14        capability and resources available within the county.
 15        (7)  Pursuant  to  chapter 1, title 21, Idaho Code, subsection (6) of this
 16    section shall not apply to all aerial activity related to the search for  lost
 17    aircraft  and airmen which shall be under the direction and supervision of the
 18    director of the Idaho transportation department and coordinated with the divi-
 19    sion of aeronautics.
 20        (8)  Nothing in subsection (6) of this section shall apply to  search  and
 21    rescue operations within the incorporated limits of any city.
 22        (9)  Nothing  in  subsection (6) of this section shall apply to the rescue
 23    of entrapped or injured persons where their location is known to be  within  a
 24    fire district, where the fire district performs such service.
 25        (10) Nothing  contained  in  subsection (6) of this section shall apply to
 26    the removal of entrapped or injured persons where  the  person's  location  is
 27    known to a local EMS agency licensed by the state of Idaho.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 13837


The purpose of this legislation is to amend Section 46-1007,
Idaho Code, to clarify jurisdiction of licensed emergency medical
service agencies; and amending Section 46-1009, Idaho Code, to
provide an exception to jurisdiction of the sheriff. 

The jurisdiction and authority of police and fire departments is
protected in 46-1007(3) but not that of emergency medical
services. Approximately 85% of the ambulance services in Idaho
are not affiliated with a fire department or law enforcement
agency.  This change will provide the same clarity about chain of
command for EMS agencies as for fire agencies.  Sheriffs are
generally not trained or equipped to command medical incidents,
and some local EMS
agencies are frequently not affiliated with a sheriffs
department, though they may frequently work together and
cooperate with law enforcement. This legislation is in the best
interest of public safety in our communities.


                          FISCAL IMPACT

There is no fiscal impact to the General Fund.


Contact:
Name: Senator Skip Brandt 
Phone: 208/332-1332

STATEMENT OF PURPOSE/FISCAL NOTE                   S 1317