Print Friendly HOUSE BILL NO. 515 – Military Div, rules, claims reimb
HOUSE BILL NO. 515
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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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 515
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT; AMENDING SECTION
3 39-7104, IDAHO CODE, TO PROVIDE THAT THE MILITARY DIVISION MAY PROMULGATE
4 RULES AND PROCEDURES TO GOVERN REIMBURSEMENT OF CLAIMS.
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-
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
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
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
Statement of Purpose/Fiscal Impact