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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 517
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE POWERS OF THE GOVERNOR IN DISASTER EMERGENCIES; AMENDING SEC-
3 TION 46-1008, IDAHO CODE, TO REVISE THE GOVERNOR'S POWERS WITH RESPECT TO
4 THE QUARANTINE OF PERSONS AND ANIMALS AND FOR ROUTES, MODES OF TRANSPORTA-
5 TION AND DESTINATIONS AND TO MAKE TECHNICAL CORRECTIONS.
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
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) 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
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
Contact
Name: William A. von Tagen, Office of The Attorney General
Phone: 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE H 517