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S1450......................................................by STATE AFFAIRS
ORCHARD TRAINING AREA - Amends existing law to provide authority of the
Military Division security personnel at the Orchard Training Area; and to
require them to complete Level 1 POST Academy training.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to St Aff
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/29 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Geddes
Floor Sponsor - Richardson
Title apvd - to House
03/01 House intro - 1st rdg - to Transp
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black, Crow, Deal, Henbest, Loertscher, Wood
Floor Sponsor - Zimmermann
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 To Governor
03/29 Governor signed
Session Law Chapter 86
Effective: 01/01/00
S1450
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1450
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE MILITARY DIVISION; AMENDING CHAPTER 4, TITLE 46, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 46-408, IDAHO CODE, TO PROVIDE AUTHORITY
4 OF SECURITY PERSONNEL AT THE ORCHARD TRAINING AREA AND TO REQUIRE THEM TO
5 COMPLETE LEVEL 1 POST ACADEMY TRAINING; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 4, Title 46, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 46-408, Idaho Code, and to read as follows:
10 46-408. SECURITY OF THE ORCHARD TRAINING AREA. Employees of the military
11 division of the state of Idaho who are performing security duties at the
12 Orchard training area located in Ada and Elmore counties may, in addition to
13 their power to protect and secure military property and persons, arrest and
14 detain for civil law enforcement authorities, any person who commits a viola-
15 tion of the criminal laws of this state in their presence. Persons so
16 detained shall be released to the custody of civil law enforcement authorities
17 as soon as practicable. The employees hired to perform security duties at the
18 Orchard training area shall complete level 1 POST academy training. Employees
19 performing duties under this section are "employees" under sections 6-902,
20 6-903 and 6-917, Idaho Code, and are not excluded by the exceptions to govern-
21 mental liability under section 6-904 4. or 5., Idaho Code.
22 SECTION 2. An emergency existing therefor, which emergency is hereby
23 declared to exist, this act shall be in full force and effect on and after its
24 passage and approval, and retroactively to January 1, 2000.
STATEMENT OF PURPOSE
RS10019
In 1985 the Idaho National Guard as Idaho Military Division
(IMD) entered into a thirty year memorandum of understanding
(MOU) with the Bureau of Land management (BLM) for use of the
orchard Training Area @OTA) consisting of 138,000 acres south of
Gowen Field.
The MOU was incorporated in public law 103-64, August 4, 1993
regarding the Snake River Birds of Prey National Conservation
Area. Pursuant to the MOU the Idaho National Guard employs
security personnel and trains them to carry out IMD responsibility
for safety regarding unexploded munitions, fire suppression,
coordination of military use and trespass control at the Orchard
Training Area.
The Attorney General's Office has concluded that security personnel
are not clothed with immunity under the Idaho Tort Claims Act. As a
result, the security personnel must have statutory authority to
protect and secure military property and persons, and to arrest and
detain for civil law enforcement authorities, any person who commits
in their presence criminal acts. The security personnel function is
significant given 77 million dollars worth of improvements to the
Orchard Training Area, as well as over 250 military combat and other
vehicles located at the OTA.
FISCAL IMPACT
BLM and the Idaho Military Division reached an agreement that security
personnel will complete Level I Post Academy Training. There is no
fiscal impact of this legislation as funding has been in place for
training and wage costs since the program was started which cost is
reimbursed by the federal government.
CONTACT
Name: Mr. John Norris
Agency: Military Division
Phone: 422-5471
STATEMENT OF PURPOSE/FISCAL IMPACT S1450