2003 Legislation
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HOUSE BILL NO. 113 – Search/rescue operation, sheriff

HOUSE BILL NO. 113

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0113aaS......................................................by STATE AFFAIRS
SEARCH AND RESCUE OPERATIONS - Amends existing law to provide that the sheriff
of each county shall be the official responsible for the command of all search
and rescue operations within his jurisdiction; to provide that each sheriff
shall prepare and keep current a plan to command the search and rescue
capability and resources available within the county; to provide
responsibility for the search for lost aircraft and airmen; to provide for
search and rescue operations within the incorporated limits of any city; and
to provide for rescue of entrapped or injured persons within a fire district.
                                                                        
01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Loc Gov
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 60-0-10
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Denney, Douglas, Edmunson, Eskridge, Garrett, Harwood, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer(Schaeffer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood
      NAYS -- None
      Absent and excused -- Bradford, Deal, Eberle, Ellsworth, Field(18),
      Field(23), Gagner, Henbest, Trail, Mr. Speaker
    Floor Sponsor - Campbell
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to Loc Gov
02/13    Rpt out - to 14th Ord
03/04    Rpt out amen - to 1st rdg as amen
03/05    1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 31-0-4
      AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta, Cameron,
      Compton, Darrington, Gannon, Geddes, Hill, Ingram, Kennedy, Keough,
      Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
      Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- Brandt, Burkett, Davis, Goedde
    Floor Sponsors - Keough & Compton
    Title apvd - to House
03/11    House concurred in Senate amens - to engros
03/12    Rpt engros - 1st rdg - to 2nd rdg as amen
03/13    2nd rdg - to 3rd rdg as amen
03/17    3rd rdg as amen - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Clark
    Floor Sponsor - Campbell
    Title apvd - to enrol
03/19    Rpt enrol - Sp signed
03/20    Pres signed
03/21    To Governor
03/27    Governor signed
         Session Law Chapter 132
         Effective: 03/27/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 113
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEARCH AND RESCUE  OPERATIONS;  AMENDING  SECTION  46-1009,  IDAHO
  3        CODE,  TO  PROVIDE  THAT  THE SHERIFF OF EACH COUNTY SHALL BE THE OFFICIAL
  4        RESPONSIBLE FOR  COMMAND OF ALL SEARCH AND RESCUE  OPERATIONS  WITHIN  HIS
  5        JURISDICTION  AND  EACH  SHERIFF  SHALL PREPARE AND KEEP CURRENT A PLAN TO
  6        COMMAND THE SEARCH AND RESCUE CAPABILITY AND  RESOURCES  AVAILABLE  WITHIN
  7        THE COUNTY; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 46-1009, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        46-1009.  LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES.  (1)
 12    Each  county  within this state shall be within the jurisdiction of and served
 13    by the bureau and by a county  or  intergovernmental  agency  responsible  for
 14    disaster preparedness and coordination of response.
 15        (2)  Each  county  shall  maintain  a disaster agency or participate in an
 16    intergovernmental disaster agency which, except as  otherwise  provided  under
 17    this  act, has jurisdiction over and serves the entire county, or shall have a
 18    liaison officer appointed by the county commissioners designated to facilitate
 19    the cooperation and protection of that subdivision in  the  work  of  disaster
 20    prevention, preparedness, response and recovery.
 21        (3)  The  chairman  of the board of county commissioners of each county in
 22    the state shall notify the bureau of the manner in which the county is provid-
 23    ing or securing disaster planning and emergency services. The  chairman  shall
 24    identify  the  person  who heads the agency or acts in the capacity of liaison
 25    from which the service is obtained, and furnish additional information  relat-
 26    ing thereto as the bureau requires.
 27        (4)  Each  county  and/or  intergovernmental agency shall prepare and keep
 28    current a local or intergovernmental disaster emergency plan for its area.
 29        (5)  The county or intergovernmental disaster agency, as the case may  be,
 30    shall  prepare  and  distribute to all appropriate officials in written form a
 31    clear and complete statement of the emergency responsibilities  of  all  local
 32    agencies and officials and of the disaster chain of command.
 33        (6)  The sheriff of each county shall:
 34        (a)  be  the  official  responsible for coordination command of all search
 35        and rescue operations within his jurisdiction;
 36        (b)  prepare and keep current a plan to make use of command the search and
 37        rescue capability and resources available within the county.
                                                                        
 38        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 39    declared to exist, this act shall be in full force and effect on and after its
 40    passage and approval.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Keough              
                                                                        
                                                     Seconded by Compton             
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 113
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill,  in  line  33,  delete  "The"  and  insert:
  3    "Except  as  provided  in subsections (7), (8) and (9) of this section, tThe";
  4    and following line 37, insert:
  5        "(7)  Pursuant to chapter 1, title 21, Idaho Code, subsection (6) of  this
  6    section  shall not apply to all aerial activity related to the search for lost
  7    aircraft and airmen which shall be under the direction and supervision of  the
  8    director of the Idaho transportation department and coordinated with the divi-
  9    sion of aeronautics.
 10        (8)  Nothing  in  subsection (6) of this section shall apply to search and
 11    rescue operations within the incorporated limits of any city.
 12        (9)  Nothing in subsection (6) of this section shall apply to  the  rescue
 13    of  entrapped  or injured persons where their location is known to be within a
 14    fire district, where the fire district performs such service.".
                                                                        
 15                                 CORRECTION TO TITLE
 16        On page 1, in line 7, following "COUNTY" insert: ", TO  PROVIDE  RESPONSI-
 17    BILITY  FOR  THE  SEARCH FOR  LOST AIRCRAFT AND AIRMEN, TO PROVIDE FOR  SEARCH
 18    AND RESCUE OPERATIONS  WITHIN THE INCORPORATED LIMITS OF ANY CITY AND TO  PRO-
 19    VIDE FOR RESCUE OF ENTRAPPED OR INJURED PERSONS WITHIN A FIRE DISTRICT".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 113, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEARCH AND RESCUE  OPERATIONS;  AMENDING  SECTION  46-1009,  IDAHO
  3        CODE,  TO  PROVIDE  THAT  THE SHERIFF OF EACH COUNTY SHALL BE THE OFFICIAL
  4        RESPONSIBLE FOR  COMMAND OF ALL SEARCH AND RESCUE  OPERATIONS  WITHIN  HIS
  5        JURISDICTION  AND  EACH  SHERIFF  SHALL PREPARE AND KEEP CURRENT A PLAN TO
  6        COMMAND THE SEARCH AND RESCUE CAPABILITY AND  RESOURCES  AVAILABLE  WITHIN
  7        THE  COUNTY,  TO  PROVIDE RESPONSIBILITY FOR THE SEARCH FOR  LOST AIRCRAFT
  8        AND AIRMEN, TO PROVIDE FOR SEARCH AND RESCUE OPERATIONS WITHIN THE  INCOR-
  9        PORATED  LIMITS  OF  ANY  CITY  AND  TO PROVIDE FOR RESCUE OF ENTRAPPED OR
 10        INJURED PERSONS WITHIN A FIRE DISTRICT; AND DECLARING AN EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 46-1009, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        46-1009.  LOCAL  AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1)
 15    Each county within this state shall be within the jurisdiction of  and  served
 16    by  the  bureau  and  by  a county or intergovernmental agency responsible for
 17    disaster preparedness and coordination of response.
 18        (2)  Each county shall maintain a disaster agency  or  participate  in  an
 19    intergovernmental  disaster  agency  which, except as otherwise provided under
 20    this act, has jurisdiction over and serves the entire county, or shall have  a
 21    liaison officer appointed by the county commissioners designated to facilitate
 22    the  cooperation  and  protection  of that subdivision in the work of disaster
 23    prevention, preparedness, response and recovery.
 24        (3)  The chairman of the board of county commissioners of each  county  in
 25    the state shall notify the bureau of the manner in which the county is provid-
 26    ing  or  securing disaster planning and emergency services. The chairman shall
 27    identify the person who heads the agency or acts in the  capacity  of  liaison
 28    from  which the service is obtained, and furnish additional information relat-
 29    ing thereto as the bureau requires.
 30        (4)  Each county and/or intergovernmental agency shall  prepare  and  keep
 31    current a local or intergovernmental disaster emergency plan for its area.
 32        (5)  The  county or intergovernmental disaster agency, as the case may be,
 33    shall prepare and distribute to all appropriate officials in  written  form  a
 34    clear  and  complete  statement of the emergency responsibilities of all local
 35    agencies and officials and of the disaster chain of command.
 36        (6)  Except as provided in subsections (7), (8) and (9) of  this  section,
 37    tThe sheriff of each county shall:
 38        (a)  be  the  official  responsible for coordination command of all search
 39        and rescue operations within his jurisdiction;
 40        (b)  prepare and keep current a plan to make use of command the search and
 41        rescue capability and resources available within the county.
 42        (7)  Pursuant to chapter 1, title 21, Idaho Code, subsection (6)  of  this
 43    section  shall not apply to all aerial activity related to the search for lost
                                                                        
                                           2
                                                                        
  1    aircraft and airmen which shall be under the direction and supervision of  the
  2    director of the Idaho transportation department and coordinated with the divi-
  3    sion of aeronautics.
  4        (8)  Nothing  in  subsection (6) of this section shall apply to search and
  5    rescue operations within the incorporated limits of any city.
  6        (9)  Nothing in subsection (6) of this section shall apply to  the  rescue
  7    of  entrapped  or injured persons where their location is known to be within a
  8    fire district, where the fire district performs such service.
                                                                        
  9        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 10    declared to exist, this act shall be in full force and effect on and after its
 11    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 12487
                                
The purpose of this bill is to clarify that it is the county sheriff
who is responsible for search and rescue operations within a county.
This bill will clarify that there can be only one person charged with
the responsibility for a search and rescue operation and one person
in charge of obtaining and maintaining resources for search and
rescue operations.




                         FISCAL IMPACT
                                
This bill has no fiscal impact on the general fund.









Contact
          Name: Michael J.  Kane,  Idaho Sheriffs Association
               Phone:     208/342-4545
          
     STATEMENT OF PURPOSE/FISCAL NOTE                                  H 113