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S1401................................................by JUDICIARY AND RULES FIREARMS - Amends existing law relating to emergency powers to provide that no restrictions shall be imposed on lawful uses of firearms or ammunition during a disaster emergency. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to St Aff 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Burtenshaw Floor Sponsor - Sweet Title apvd - to House 03/08 House intro - 1st rdg - to Transp 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 59-6-5 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Jaquet, Kemp, Lake, LeFavour, Loertscher, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(8), Shirley, Skippen, Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- Boe, Martinez, Mitchell, Pasley-Stuart, Ringo, Smith(30) Absent and excused -- Denney, Henderson, Shepherd(2), Smith(24), Trail Floor Sponsor - Sali Title apvd - to Senate 03/24 To enrol 03/27 Rpt enrol - Pres signed 03/28 Sp signed 03/29 To Governor 03/30 Governor signed Session Law Chapter 264 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1401 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO EMERGENCY POWERS; AMENDING SECTION 46-1008, IDAHO CODE, TO REMOVE 3 A REFERENCE TO FIREARMS AND TO PROVIDE THAT NO RESTRICTIONS SHALL BE 4 IMPOSED ON LAWFUL USES OF FIREARMS OR AMMUNITION DURING A DISASTER EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 46-1008, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 46-1008. THE GOVERNOR AND DISASTER EMERGENCIES. (1) Under this act, the 10 governor may issue executive orders, proclamations and amend or rescind them. 11 Executive orders and proclamations have the force and effect of law. 12 (2) A disaster emergency shall be declared by executive order or procla- 13 mation of the governor if he finds a disaster has occurred or that the occur- 14 rence or the threat thereof is imminent. The state of disaster emergency shall 15 continue until the governor finds that the threat or danger has passed, or the 16 disaster has been dealt with to the extent that emergency conditions no longer 17 exist, and when either or both of these events occur, the governor shall ter- 18 minate the state of disaster emergency by executive order or proclamation; 19 provided, however, that no state of disaster emergency may continue for longer 20 than thirty (30) days unless the governor finds that it should be continued 21 for another thirty (30) days or any part thereof. The legislature by concur- 22 rent resolution may terminate a state of disaster emergency at any time. 23 Thereupon, the governor shall issue an executive order or proclamation ending 24 the state of disaster emergency. All executive orders or proclamations issued 25 under this subsection shall indicate the nature of the disaster, the area or 26 areas threatened, the area subject to the proclamation, and the conditions 27 which are causing the disaster. An executive order or proclamation shall be 28 disseminated promptly by means calculated to bring its contents to the atten- 29 tion of the general public and unless the circumstances attendant upon the 30 disaster prevent or impede, be promptly filed with the bureau of homeland 31 security, the office of the secretary of state and the office of the recorder 32 of each county where the state of disaster emergency applies. 33 (3) An executive order or proclamation of a state of disaster emergency 34 shall activate the disaster response and recovery aspects of the state, local 35 and intergovernmental disaster emergency plans applicable to the political 36 subdivision or area in question and be authority for the deployment and use of 37 any forces to which the plan or plans apply and for use or distribution of any 38 supplies, equipment, and materials and facilities assembled, stockpiled, or 39 arranged to be made available pursuant to this act or any other provision of 40 law relating to disaster emergencies. 41 (4) During the continuance of any state of disaster emergency the gover- 42 nor is commander-in-chief of the militia and may assume command of all other 43 forces available for emergency duty. To the greatest extent practicable, the 2 1 governor shall delegate or assign command authority by prior arrangement 2 embodied in appropriate executive orders or regulations, but nothing herein 3 restricts his authority to do so by orders issued at the time of the disaster 4 emergency. 5 (5) In addition to any other powers conferred upon the governor by law, 6 he may: 7 (a) Suspend the provisions of any regulations prescribing the procedures 8 for conduct of public business that would in any way prevent, hinder, or 9 delay necessary action in coping with the emergency; 10 (b) Utilize all resources of the state, including, but not limited to, 11 those sums in the disaster emergency account as he shall deem necessary 12 to pay obligations and expenses incurred during a declared state of disas- 13 ter emergency; 14 (c) Transfer the direction, personnel, or functions of state departments 15 and agencies or units thereof for the purpose of performing or facilitat- 16 ing emergency services; 17 (d) Subject to any applicable requirements for compensation under section 18 46-1012, Idaho Code, commandeer or utilize any private property, real or 19 personal, if he finds this necessary to cope with the disaster emergency; 20 (e) Direct and compel the evacuation of all or part of the population 21 from any stricken or threatened area within the state if he deems this 22 action necessary for the preservation of life or other disaster mitiga- 23 tion, response, or recovery; 24 (f) Prescribe routes, modes of transportation, and destinations in con- 25 nection with evacuation; 26 (g) Control ingress and egress to and from a disaster area, the movement 27 of persons within the area, and the occupancy of premises therein; 28 (h) Suspend or limit the sale, dispensing or transportation of alcoholic 29 beverages,firearms,explosives, and combustibles; 30 (i) Make provision for the availability and use of temporary emergency 31 housing. 32 (6) Whenever an emergency or a disaster has been declared to exist in 33 Idaho by the president under the provisions of the disaster relief act of 1974 34 (public law 93-288, 42 U.S.C. 5121), as amended, the governor may: 35 (a) Enter into agreements with the federal government for the sharing of 36 disaster recovery expenses involving public facilities; 37 (b) Require as a condition of state assistance that a local taxing dis- 38 trict be responsible for paying forty percent (40%) of the nonfederal 39 share of costs incurred by the local taxing district which have been 40 determined to be eligible for reimbursement by the federal government, 41 provided that the total local share of eligible costs for a taxing dis- 42 trict shall not exceed ten percent (10%) of the taxing district's tax 43 charges authorized by section 63-802, Idaho Code; 44 (c) Obligate the state to pay the balance of the nonfederal share of eli- 45 gible costs within local taxing entities qualifying for federal assis- 46 tance; and 47 (d) Enter into agreements with the federal government for the sharing of 48 disaster assistance expenses to include individual and family grant pro- 49 grams. 50 (7) During the continuance of any state of disaster emergency, neither 51 the governor nor any agency of any governmental entity or political subdivi- 52 sion of the state shall impose restrictions on the lawful possession, trans- 53 fer, sale, transport, storage, display or use of firearms or ammunition.
STATEMENT OF PURPOSE RS15712C1 To re-establish the right of the people to lawfully keep and bear arms in times of a continued state of disaster. FISCAL IMPACT None. Contact Name: Rep. Bill Sali, Sen Gerry Sweet, Sen Russ Fulcher, Rep. Cliff Bayer Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1401