2002 Legislation
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HOUSE BILL NO. 517 – Disaster/governor power/quarantine


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Daily Data Tracking History

H0517.........................................by TRANSPORTATION AND DEFENSE
DISASTERS - Amends existing law to revise the governor's powers with
respect to the quarantine of persons and animals and for routes, modes of
transportation and destinations.
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 49-19-2
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Crow, Cuddy, Deal,
      Field(20), Gagner, Gould, Hadley, Henbest, Higgins, Jaquet, Jones,
      Kellogg(Duncan), Kunz, Lake, Langford, Mader, Martinez, Meyer,
      Montgomery, Pischner, Pomeroy, Raybould, Ridinger, Robison, Schaefer,
      Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
      Trail, Wood, Young, Mr. Speaker
      NAYS -- Barrett, Clark, Collins, Denney, Ellis, Ellsworth, Eskridge,
      Hammond, Harwood, Hornbeck, Kendell, Loertscher, McKague, Mortensen,
      Pearce, Roberts, Sali, Tilman, Wheeler
      Absent and excused -- Field(13), Moyle
    Floor Sponsor - Pischner
    Title apvd - to Senate
02/26    Senate intro - 1st rdg - to St Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 517
  1                                        AN ACT
  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 disaster ser-
 31    vices,  the office of the secretary of state and the office of the recorder of
 32    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
  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)  sSuspend 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)  uUtilize  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)  tTransfer 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)  sSubject to any applicable requirements for compensation  under  sec-
 18        tion 46-1012, Idaho Code, commandeer or utilize any private property, real
 19        or  personal,  if  he finds this necessary to cope with the disaster emer-
 20        gency;
 21        (e)  dDirect and compel the quarantine or the evacuation of all or part of
 22        the population from or animals of any stricken or threatened  area  within
 23        the  state  if he deems this action necessary for the preservation of life
 24        or other disaster mitigation, response, or recovery;
 25        (f)  pPrescribe routes, modes of transportation, and destinations; in con-
 26        nection with evacuation;
 27        (g)  cControl ingress and egress to and from a disaster area, the movement
 28        of persons within the area, and the occupancy of premises therein;
 29        (h)  sSuspend or limit the sale, dispensing or transportation of alcoholic
 30        beverages, firearms, explosives, and combustibles;
 31        (i)  mMake provision for the availability and use of  temporary  emergency
 32        housing.
 33        (6)  Whenever  an  emergency  or  a disaster has been declared to exist in
 34    Idaho by the president under the provisions of the disaster relief act of 1974
 35    (public law 93-288, 42 U.S.C. 5121) the governor may:
 36        (a)  eEnter into agreements with the federal government for the sharing of
 37        disaster recovery expenses involving public facilities;
 38        (b)  rRequire as a condition of state assistance that a local taxing  dis-
 39        trict  be  responsible for paying forty per cent percent (40%) of the non-
 40        federal share of costs incurred by the local taxing  district  which  have
 41        been  determined  to  be eligible for reimbursement by the federal govern-
 42        ment, provided that the total local share of eligible costs for  a  taxing
 43        district  shall  not  exceed  ten  per  cent  percent  (10%) of the taxing
 44        district's tax charges authorized by section 63-802, Idaho Code;
 45        (c)  oObligate the state to pay the balance of  the  nonfederal  share  of
 46        eligible  costs within local taxing entities qualifying for federal assis-
 47        tance; and
 48        (d)  eEnter into agreements with the federal government for the sharing of
 49        disaster assistance expenses to include individual and family  grant  pro-
 50        grams (42 U.S.C. 5178).

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 11502

This proposal amends Idaho Code, Section 46-1008, to clarify the
Governor's powers during a state of emergency, relating to the
quarantine of persons and animals To allow the governor to
prescribe routes, modes of transportation and destinations during
an emergency.
                          FISCAL IMPACT

There is no fiscal impact from this proposal

Name: William A. von Tagen, Office of The Attorney General 
Phone: 334-4140

STATEMENT OF PURPOSE/FISCAL NOTE                     H 517