1998 Legislation
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HOUSE BILL NO. 515 – Military Div, rules, claims reimb


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Daily Data Tracking History

H0515.........................................by TRANSPORTATION AND DEFENSE
MILITARY DIVISION - Amends existing law to provide that the Military
Division may promulgate rules and procedures to govern reimbursement of
claims under the Hazardous Substance Emergency Response Act.

01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to Transp
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/12    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Deal, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Miller, Mortensen, Newcomb, Pischner, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Cuddy, Jones(9), Pomeroy, Trail
    Floor Sponsor - Kellogg
    Title apvd - to Senate
02/13    Senate intro - 1st rdg - to St Aff
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Ingram, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
      Wheeler, Whitworth
      Absent and excused--Cameron, Hawkins, Ipsen
    Floor Sponsor - Sorenson
    Title apvd - to House
03/17    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 99
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 515


 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 39-7104, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        39-7104.   MILITARY DIVISION -- POWERS AND DUTIES. (1)  The military divi-
 9    sion  shall implement the provisions of this chapter and direct the activities
10    of its staff and, in so doing, the military division may:
11        (a)  Create a bureau of hazardous materials and, in  accordance  with  the
12        laws  of  the  state, hire, fix the compensation, and prescribe the powers
13        and duties of such other  individuals,  including  consultants,  emergency
14        teams  and  committees, as may be necessary to carry out the provisions of
15        this chapter.
16        (b)  Create and implement state emergency response teams that have  appro-
17        priately trained personnel and necessary equipment to respond to hazardous
18        substance  incidents.  The  military  division  shall enter into a written
19        agreement with each entity or person providing equipment or services to  a
20        designated  emergency  response team. The teams shall be available and may
21        respond to hazardous substance incidents at the direction of the  military
22        division or its designee or local incident commander.
23        (c)  Contract  with persons to meet state emergency response needs for the
24        teams and response authorities.
25        (d)  Advise, consult and cooperate with agencies of the state and  federal
26        government,  other  states  and  their  state  agencies, cities, counties,
27        tribal governments and other persons concerned with emergency response and
28        matters relating to and arising out of hazardous substance incidents.
29        (e)  Encourage, participate in, or conduct studies, investigations, train-
30        ing, research, and demonstrations for and with  state  emergency  response
31        teams, local emergency response authorities and other interested persons.
32        (f)  Collect and disseminate information relating to emergency response to
33        hazardous substance incidents.
34        (g)  Accept  and administer loans, grants, or other funds or gifts, condi-
35        tional or otherwise, made to the state for emergency  response  activities
36        provided for in this chapter.
37        (h)  Submit  an  annual  report prior to February 1 to the governor and to
38        the legislature concerning emergency response to hazardous substance inci-
39        dents.
40        (i)  Prepare, coordinate, implement and update a statewide hazardous mate-
41        rials incident command and response plan that coordinates state and  local
42        emergency response authorities to respond to hazardous substance incidents
43        within  the state for approval by the  legislature. The plan shall address


 1        radiation incidents. The Idaho hazardous materials  incident  command  and
 2        response  plan  shall  be  consistent  with  and a part of the Idaho state
 3        disaster plan provided in  section 46-1006, Idaho Code, after  legislative
 4        approval.
 5        (2)  The  military  division  shall  have the powers and duties of a state
 6    emergency  response commission under the federal emergency planning and commu-
 7    nity right-to-know act, 42 U.S.C. section 11001 et seq.
 8        (3)  The military division  shall   may   promulgate
 9    rules  and  procedures    which shall   to  govern reim-
10    bursement of claims pursuant to this chapter.
11        (4)  All state agencies and institutions will cooperate and provide  staff
12    assistance  to  the  military  division  in carrying out its duties under this
13    chapter.

Statement of Purpose / Fiscal Impact


                            STATEMENT OF PURPOSE
    Amends Idaho Code Section 39-7104(3) to make the promulgation of rules relating to the
    reimbursement of claims for costs incurred in response to hazardous substance spills
    optional; rather than mandatory.
    None, other than those costs which would be saved by not having to promulgate formal
    Name: Lt. Col. Blair D. Jaynes
    Agency: Military Division
    Phone: 422-5474
    Statement of Purpose/Fiscal Impact
    H 515