View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1266......................................................by STATE AFFAIRS
HOMELAND SECURITY BUREAU - Amends and repeals existing law to provide for
implementation of the Idaho Hazardous Substance Response Act through the
Bureau of Homeland Security; to include reference to acts of terrorism and
homeland security; and to extend immunity for emergency responders to
employees of the Bureau of Homeland Security.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to St Aff
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Sorensen,
Stegner, Stennett, Sweet, Werk
NAYS -- None
Absent and excused -- Hill, Schroeder, Williams
Floor Sponsor - Davis
Title apvd - to House
03/01 House intro - 1st rdg - to Transp
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, 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, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Ellsworth, Schaefer, Skippen, Mr. Speaker
Floor Sponsor - Wood
Title apvd - to Senate
03/09 To enrol
03/10 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/16 Governor signed
Session Law Chapter 58
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1266
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO HAZARDOUS SUBSTANCE RESPONSE ACT; AMENDING SECTION
3 39-7103, IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 39-7104,
4 IDAHO CODE, TO PROVIDE FOR IMPLEMENTATION THROUGH THE BUREAU OF HOMELAND
5 SECURITY; AMENDING SECTION 46-1001, IDAHO CODE, TO INCLUDE REFERENCE TO
6 THE IDAHO HOMELAND SECURITY ACT OF 2004; AMENDING SECTION 46-1002, IDAHO
7 CODE, TO FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING
8 SECTION 46-1003, IDAHO CODE, TO REFER TO ACTS OF TERRORISM, TO PROVIDE
9 REFERENCES TO HOMELAND SECURITY AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
10 ING SECTION 46-1004, IDAHO CODE, TO PROVIDE REFERENCES TO HOMELAND SECU-
11 RITY; AMENDING SECTION 46-1006, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY
12 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1008, IDAHO CODE,
13 TO PROVIDE REFERENCE TO HOMELAND SECURITY, TO PROVIDE CORRECT TERMINOLOGY
14 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1013, IDAHO CODE,
15 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 46-1017, IDAHO CODE, TO
16 EXTEND IMMUNITY PROVISIONS TO THE BUREAU, TO PROVIDE CORRECT TERMINOLOGY
17 AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 46-1019, IDAHO CODE;
18 AND AMENDING SECTION 46-1025, IDAHO CODE, TO PROVIDE REFERENCES TO
19 HOMELAND SECURITY AND TO PROVIDE CORRECT TERMINOLOGY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 39-7103, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-7103. DEFINITIONS. As used in this chapter:
24 (1) "Military division" means the military division of the office of the
25 governor "Bureau" means the bureau of homeland security within the military
26 division.
27 (2) "Emergency" means an abrupt release which in the reasonable judgment
28 of the local emergency response authority, threatens immediate and irreparable
29 harm to the environment or the health and safety of any individual and which
30 requires immediate action for the containment or control of a hazardous sub-
31 stance.
32 (3) "Hazardous substance incident" means an emergency circumstance
33 requiring a response by the state emergency response team or the local emer-
34 gency response authority to a release of a hazardous substance. A hazardous
35 substance incident may require containment or confinement or both, but does
36 not include site cleanup or remediation efforts after the incident commander
37 has determined the emergency has ended.
38 (4) "Hazardous substance" means:
39 (a) Any "hazardous substance" within the scope of section 101(14) of the
40 federal comprehensive environmental response, compensation and liability
41 act (CERCLA), 42 U.S.C. 9601(14);
42 (b) Any hazardous material within the scope of section 104 of the federal
43 hazardous materials transportation act, 49 U.S.C. 1803, and the federal
2
1 department of transportation regulations promulgated pursuant thereto; and
2 (c) Any extremely hazardous substance within the scope of section 302 of
3 the federal emergency planning and community right-to-know act, 42 U.S.C.
4 11002.
5 (5) "Incident commander" is the person in charge of all responders to a
6 hazardous substance incident and who is identified in the Idaho hazardous
7 materials emergency incident command and response plan or the private emer-
8 gency response plan.
9 (6) "Local emergency response authority" means those persons designated
10 under section 39-7105, Idaho Code, by the city, county, or the military divi-
11 sion to be first responders to hazardous substance incidents.
12 (7) "Military division" means the military division of the office of the
13 governor.
14 (8) "Person" means any individual, public or private corporation, part-
15 nership, joint venture, association, firm, trust, estate, the United States or
16 any department, institution, or agency thereof, the state or any department,
17 institution, or agency thereof, any municipal corporation, county, city, or
18 other political subdivision of the state, or any other legal entity whatsoever
19 which is recognized by law as the subject of rights and duties.
20 (89) "Private emergency response plan" means a plan designed to respond
21 to emergency releases of hazardous substances at a specific facility or under
22 a specific set of conditions.
23 (910) "Release" means any spilling, leaking, pumping, pouring, emitting,
24 emptying, discharging, escaping, dumping or disposing of a hazardous substance
25 into the environment. "Release" does not include any discharge of a hazardous
26 substance into the environment which is authorized by limits and conditions in
27 a federal or state permit relating to the protection of public health or the
28 environment so long as the permitted activity from which the release occurs is
29 in compliance with applicable limits and conditions of the permit.
30 (101) "State emergency response team" means one (1) of the state emergency
31 response teams authorized by the military division to respond to hazardous
32 substance incidents.
33 SECTION 2. That Section 39-7104, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-7104. MILITARY DIVISION -- POWERS AND DUTIES. (1) The military divi-
36 sion through the bureau of homeland security shall implement the provisions of
37 this chapter and direct the activities of its staff and, in so doing, the mil-
38 itary division may:
39 (a) Create a Through the bureau, of hazardous materials and, in accor-
40 dance with the laws of the state, hire, fix the compensation, and pre-
41 scribe the powers and duties of such other individuals, including consul-
42 tants, emergency teams and committees, as may be necessary to carry out
43 the provisions of this chapter.
44 (b) Create and implement state emergency response teams that have appro-
45 priately trained personnel and necessary equipment to respond to hazardous
46 substance incidents. The military division shall enter into a written
47 agreement with each entity or person providing equipment or services to a
48 designated emergency response team. The teams shall be available and may
49 respond to hazardous substance incidents at the direction of the military
50 division or its designee or local incident commander.
51 (c) Contract with persons to meet state emergency response needs for the
52 teams and response authorities.
53 (d) Advise, consult and cooperate with agencies of the state and federal
3
1 government, other states and their state agencies, cities, counties,
2 tribal governments and other persons concerned with emergency response and
3 matters relating to and arising out of hazardous substance incidents.
4 (e) Encourage, participate in, or conduct studies, investigations, train-
5 ing, research, and demonstrations for and with state emergency response
6 teams, local emergency response authorities and other interested persons.
7 (f) Collect and disseminate information relating to emergency response to
8 hazardous substance incidents.
9 (g) Accept and administer loans, grants, or other funds or gifts, condi-
10 tional or otherwise, made to the state for emergency response activities
11 provided for in this chapter.
12 (h) Submit an annual report prior to February 1 to the governor and to
13 the legislature concerning emergency response to hazardous substance inci-
14 dents.
15 (i) Prepare, coordinate, implement and update a statewide hazardous mate-
16 rials incident command and response plan that coordinates state and local
17 emergency response authorities to respond to hazardous substance incidents
18 within the state for approval by the legislature. The plan shall address
19 radiation incidents. The Idaho hazardous materials incident command and
20 response plan shall be consistent with and a part of the Idaho state
21 disaster plan provided in section 46-1006, Idaho Code, after legislative
22 approval.
23 (2) The military division shall have the powers and duties of a state
24 emergency response commission under the federal emergency planning and commu-
25 nity right-to-know act, 42 U.S.C. section 11001 et seq.
26 (3) The military division may promulgate rules and procedures to govern
27 reimbursement of claims pursuant to this chapter.
28 (4) All state agencies and institutions will cooperate and provide staff
29 assistance to the military division in carrying out its duties under this
30 chapter.
31 SECTION 3. That Section 46-1001, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 46-1001. SHORT TITLE. This act shall be cited as the "Idaho Disaster
34 Preparedness Act of 1975, amended by the Idaho Homeland Security Act of 2004."
35 SECTION 4. That Section 46-1002, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 46-1002. DEFINITIONS. As used in this act:
38 (1) "Bureau" means the bureau of disaster services homeland security,
39 military division of the office of the governor.
40 (2) "Adjutant general" means the administrative head of the military
41 division of the office of the governor.
42 (3) "Disaster" means occurrence or imminent threat of widespread or
43 severe damage, injury, or loss of life or property resulting from any natural
44 or manmade man-made cause, including but not limited to fire, flood, earth-
45 quake, windstorm, wave action, volcanic activity, explosion, riot, or hostile
46 military or paramilitary action and including acts of terrorism.
47 (4) "Emergency" means occurrence or imminent threat of a disaster or con-
48 dition threatening life or property which requires state emergency assistance
49 to supplement local efforts to save lives and protect property or to avert or
50 lessen the threat of a disaster.
51 (5) "Political subdivision" means any county, city, district, or other
4
1 unit of state or local government.
2 (6) "Militia" means all able-bodied male citizens of Idaho as defined in
3 section 46-102, Idaho Code members of the Idaho army and air national guard in
4 the service of the state.
5 (7) "Search and rescue" means the employment, coordination, and utiliza-
6 tion of available resources and personnel in locating, relieving distress and
7 preserving life of, and removing survivors from the site of a disaster, emer-
8 gency or hazard to a place of safety in case of lost, stranded, entrapped, or
9 injured persons.
10 (8) "Disaster emergency account" means the account created under this act
11 for the purpose of paying obligations and expenses incurred by the state of
12 Idaho during a declared state of disaster emergency.
13 (9) "Commission" means the Idaho emergency response commission.
14 (10) "Bureau of hazardous materials" means the former bureau of hazardous
15 materials which is now a part of the bureau of homeland security in the mili-
16 tary division of the office of the governor.
17 SECTION 5. That Section 46-1003, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 46-1003. POLICY AND PURPOSES. It is the policy of this state to plan and
20 prepare for disasters and emergencies resulting from natural or man-made
21 causes, enemy attack, terrorism, sabotage or other hostile action, and to
22 implement this policy, it is found necessary:
23 (1) To create a bureau of disaster services homeland security, to autho-
24 rize the creation of local organizations for disaster preparedness in the
25 political subdivisions of the state, and to authorize the state and political
26 subdivisions to execute agreements and to cooperate with the federal govern-
27 ment and the governments of other states.
28 (2) To prevent and reduce damage, injury, and loss of life and property
29 resulting from natural or man-made catastrophies catastrophes, riots, or hos-
30 tile military or paramilitary action.
31 (3) To prepare assistance for prompt and efficient search, rescue, care,
32 and treatment of persons injured, victimized or threatened by disaster.
33 (4) To provide for rapid and orderly restoration and rehabilitation of
34 persons and property affected by disasters.
35 (5) To prescribe the roles of the governor, state agencies, and local
36 governments in prevention of, preparation for, response to and recovery from
37 disasters.
38 (6) To authorize and encourage cooperation in disaster prevention,
39 preparedness, response and recovery.
40 (7) To provide for coordination of activities relating to disaster pre-
41 vention, preparedness, response, and recovery by all state agencies, political
42 subdivisions, and interstate, federal-state and Canadian activities in which
43 the state and its political subdivisions may participate.
44 (8) To provide a disaster management system embodying all aspects of
45 predisaster preparedness and postdisaster response.
46 (9) To provide for the payment of obligations and expenses incurred by
47 the state of Idaho through the bureau of disaster services homeland security
48 during a declared state of disaster emergency.
49 SECTION 6. That Section 46-1004, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 46-1004. BUREAU OF DISASTER SERVICES HOMELAND SECURITY CREATED. Within
5
1 the military division of the office of governor, a bureau of disaster services
2 homeland security is established.
3 SECTION 7. That Section 46-1006, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 46-1006. POWERS AND DUTIES OF CHIEF AND BUREAU. (1) In all matters of
6 disaster services, the adjutant general shall represent the governor and shall
7 on behalf of the governor, coordinate the activities of all of the state agen-
8 cies in disaster services. The bureau shall have a coordinating officer and
9 other professional, technical, secretarial and clerical employees necessary
10 for the performance of its functions.
11 (2) The bureau shall prepare, maintain and update a state disaster plan
12 based on the principle of self help at each level of government. The plan may
13 provide for:
14 (a) pPrevention and minimization of injury and damage caused by disaster;
15 (b) pPrompt and effective response to disaster;
16 (c) eEmergency relief;
17 (d) iIdentification of areas particularly vulnerable to disasters;
18 (e) aAssistance to local officials in designing local emergency action
19 plans;
20 (f) aAuthorization and procedures for the erection or other construction
21 of temporary works designed to protect against or mitigate danger, damage,
22 or loss from disaster;
23 (g) pPreparation and distribution to the appropriate state and local
24 officials of catalogs of federal, state and private assistance programs;
25 (h) aAssistance to local officials in designing plans for search, rescue,
26 and recovery of persons lost, entrapped, victimized, or threatened by
27 disaster;
28 (i) oOrganization of manpower and chains of command;
29 (j) cCoordination of federal, state, and local disaster activities;
30 (k) cCoordination of the state disaster plan with the disaster plans of
31 the federal government.
32 (3) The bureau shall participate in the development and revision of local
33 and intergovernmental disaster plans. To this end it may employ or otherwise
34 secure the services of professional and technical personnel to provide expert
35 assistance to political subdivisions, their disaster agencies, and intergov-
36 ernmental planning and disaster agencies. This personnel shall consult with
37 subdivisions and agencies and shall make field examinations of the areas, cir-
38 cumstances, and conditions to which particular local and intergovernmental
39 disaster plans are intended to apply.
40 (4) In preparing and maintaining the state disaster plan, the bureau
41 shall seek the advice and assistance of local government, business, labor,
42 industry, agriculture, civic, and volunteer organizations and community lead-
43 ers. In advising local and intergovernmental agencies, the bureau shall
44 encourage them also to seek advice from these sources.
45 (5) The state disaster plan or any part thereof may be incorporated in
46 regulations rules of the bureau promulgated subject to chapter 52, title 67,
47 Idaho Code.
48 (6) The bureau shall:
49 (a) pPromulgate standards and criteria for local and intergovernmental
50 disaster plans;
51 (b) pPeriodically review local and intergovernmental disaster plans;
52 (c) aAssist political subdivisions, their disaster agencies, and inter-
53 governmental disaster agencies to establish and operate training programs
6
1 and programs of public information;
2 (d) pPlan and make arrangements for the availability and use of any pri-
3 vate facilities, services, and property and, if necessary and if in fact
4 used, provide for payment for use under terms and conditions agreed upon;
5 (e) pPrepare executive orders and proclamations for issuance by the gov-
6 ernor, as necessary or appropriate in coping with disasters;
7 (f) cCooperate with the federal government and any public or private
8 agency or entity in achieving any purpose of this act and in implementing
9 programs for disaster prevention, preparation, response, and recovery;
10 (g) mMaintain a register of search and rescue organizations, units,
11 teams, or individuals operating within the state;
12 (h) aAssist search and rescue units to accomplish standards for equip-
13 ment, training and proficiency; and
14 (i) iIn addition to disaster prevention measures as included in the
15 state, local, and intergovernmental disaster plans, the bureau shall con-
16 sider on a continuing basis steps that could be taken to prevent or reduce
17 the harmful consequences of disasters. The governor from time to time may
18 make recommendations to the legislature, local governments and other
19 appropriate public and private entities as may facilitate measures for
20 prevention or reduction of the harmful consequences of disasters;
21 (j) nNot limit the powers and duties of the department of transportation,
22 division of aeronautics, as provided by sections 21-114 and 21-118, Idaho
23 Code.
24 SECTION 8. That Section 46-1008, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 46-1008. THE GOVERNOR AND DISASTER EMERGENCIES. (1) Under this act, the
27 governor may issue executive orders, proclamations and amend or rescind them.
28 Executive orders and proclamations have the force and effect of law.
29 (2) A disaster emergency shall be declared by executive order or procla-
30 mation of the governor if he finds a disaster has occurred or that the occur-
31 rence or the threat thereof is imminent. The state of disaster emergency shall
32 continue until the governor finds that the threat or danger has passed, or the
33 disaster has been dealt with to the extent that emergency conditions no longer
34 exist, and when either or both of these events occur, the governor shall ter-
35 minate the state of disaster emergency by executive order or proclamation;
36 provided, however, that no state of disaster emergency may continue for longer
37 than thirty (30) days unless the governor finds that it should be continued
38 for another thirty (30) days or any part thereof. The legislature by concur-
39 rent resolution may terminate a state of disaster emergency at any time.
40 Thereupon, the governor shall issue an executive order or proclamation ending
41 the state of disaster emergency. All executive orders or proclamations issued
42 under this subsection shall indicate the nature of the disaster, the area or
43 areas threatened, the area subject to the proclamation, and the conditions
44 which are causing the disaster. An executive order or proclamation shall be
45 disseminated promptly by means calculated to bring its contents to the atten-
46 tion of the general public and unless the circumstances attendant upon the
47 disaster prevent or impede, be promptly filed with the bureau of disaster ser-
48 vices homeland security, the office of the secretary of state and the office
49 of the recorder of each county where the state of disaster emergency applies.
50 (3) An executive order or proclamation of a state of disaster emergency
51 shall activate the disaster response and recovery aspects of the state, local
52 and intergovernmental disaster emergency plans applicable to the political
53 subdivision or area in question and be authority for the deployment and use of
7
1 any forces to which the plan or plans apply and for use or distribution of any
2 supplies, equipment, and materials and facilities assembled, stockpiled, or
3 arranged to be made available pursuant to this act or any other provision of
4 law relating to disaster emergencies.
5 (4) During the continuance of any state of disaster emergency the gover-
6 nor is commander-in-chief of the militia and may assume command of all other
7 forces available for emergency duty. To the greatest extent practicable, the
8 governor shall delegate or assign command authority by prior arrangement
9 embodied in appropriate executive orders or regulations, but nothing herein
10 restricts his authority to do so by orders issued at the time of the disaster
11 emergency.
12 (5) In addition to any other powers conferred upon the governor by law,
13 he may:
14 (a) sSuspend the provisions of any regulations prescribing the procedures
15 for conduct of public business that would in any way prevent, hinder, or
16 delay necessary action in coping with the emergency;
17 (b) uUtilize all resources of the state, including, but not limited to,
18 those sums in the disaster emergency account as he shall deem necessary
19 to pay obligations and expenses incurred during a declared state of disas-
20 ter emergency;
21 (c) tTransfer the direction, personnel, or functions of state departments
22 and agencies or units thereof for the purpose of performing or facilitat-
23 ing emergency services;
24 (d) sSubject to any applicable requirements for compensation under sec-
25 tion 46-1012, Idaho Code, commandeer or utilize any private property, real
26 or personal, if he finds this necessary to cope with the disaster emer-
27 gency;
28 (e) dDirect and compel the evacuation of all or part of the population
29 from any stricken or threatened area within the state if he deems this
30 action necessary for the preservation of life or other disaster mitiga-
31 tion, response, or recovery;
32 (f) pPrescribe routes, modes of transportation, and destinations in con-
33 nection with evacuation;
34 (g) cControl ingress and egress to and from a disaster area, the movement
35 of persons within the area, and the occupancy of premises therein;
36 (h) sSuspend or limit the sale, dispensing or transportation of alcoholic
37 beverages, firearms, explosives, and combustibles;
38 (i) mMake provision for the availability and use of temporary emergency
39 housing.
40 (6) Whenever an emergency or a disaster has been declared to exist in
41 Idaho by the president under the provisions of the disaster relief act of 1974
42 (public law 93-288, 42 U.S.C. 5121), as amended, the governor may:
43 (a) eEnter into agreements with the federal government for the sharing of
44 disaster recovery expenses involving public facilities;
45 (b) rRequire as a condition of state assistance that a local taxing dis-
46 trict be responsible for paying forty per cent percent (40%) of the non-
47 federal share of costs incurred by the local taxing district which have
48 been determined to be eligible for reimbursement by the federal govern-
49 ment, provided that the total local share of eligible costs for a taxing
50 district shall not exceed ten per cent percent (10%) of the taxing
51 district's tax charges authorized by section 63-802, Idaho Code;
52 (c) oObligate the state to pay the balance of the nonfederal share of
53 eligible costs within local taxing entities qualifying for federal assis-
54 tance; and
55 (d) eEnter into agreements with the federal government for the sharing of
8
1 disaster assistance expenses to include individual and family grant pro-
2 grams. (42 USC 5178).
3 SECTION 9. That Section 46-1013, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 46-1013. COMMUNICATIONS. The bureau shall ascertain what means exist for
6 rapid and efficient communications in times of disaster emergencies. The
7 bureau shall consider the desirability of supplementing these communications
8 resources or of integrating them into a comprehensive state or state-federal
9 telecommunications or other communication system or network. The bureau shall
10 make recommendations to the governor as appropriate.
11 SECTION 10. That Section 46-1017, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 46-1017. IMMUNITY. Neither the state, nor the bureau, nor any political
14 subdivision thereof nor other agencies, nor, except in cases of wilful willful
15 misconduct, the agents, employees or representatives of any of them engaged in
16 any civil defense, disaster or emergency and the planning or preparation for
17 the same, or disaster or emergency relief activities, acting under a declara-
18 tion by proper authority, nor, except in cases of wilful willful misconduct
19 or gross negligence, any person, firm, corporation or entity under contract
20 with them to provide equipment or work on a cost basis to be used in civil
21 defense, disaster or emergency planning, preparation or relief, while comply-
22 ing with or attempting to comply with this act or any rule or regulation pro-
23 mulgated pursuant to the provisions of the act, shall be liable for the death
24 of or any injury to persons or damage to property as a result of such activ-
25 ity. The provisions of this section shall not affect the right of any person
26 to receive benefits to which he would otherwise be entitled under this act or
27 under the workmen's worker's compensation law or under any pension law, nor
28 the right of any such person to receive any benefits or compensation under any
29 act of congress.
30 SECTION 11. That Section 46-1019, Idaho Code, be, and the same is hereby
31 repealed.
32 SECTION 12. That Section 46-1025, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 46-1025. FEDERAL FUNDS TO POLITICAL SUBDIVISIONS. (1) Annually, the chief
35 of the Idaho bureau of disaster services homeland security shall prepare a
36 written summary of all grants received from the federal emergency management
37 agency to be distributed to the forty-four (44) county commission chairmen.
38 The summary shall list those federal funds that are eligible for direct assis-
39 tance to local disaster agencies in accordance with section 46-1009(2), Idaho
40 Code, and those funds that are limited to use by the state and not eligible
41 for direct assistance to local disaster agencies.
42 (2) Not less than thirty-four percent (34%) of the eligible direct assis-
43 tance funds shall be subgranted by the Idaho bureau of disaster services
44 homeland security to the local disaster agencies. Funds shall be distributed
45 to the local disaster agencies subject to the provisions and regulations rules
46 of the Idaho bureau of disaster services homeland security, the federal emer-
47 gency management agency through the Robert T. Stafford Act, title 44 of the
48 code of federal regulations, and pertinent circulars published by the United
9
1 States office of management and budget.
2 (3) Direct financial assistance to the local disaster agencies is not an
3 entitlement. Subgrants are awarded through the Idaho bureau of disaster ser-
4 vices homeland security for the purpose of assisting counties to achieve goals
5 and objectives outlined in an approved county grant proposal.
STATEMENT OF PURPOSE
RS13810
This proposal establishes the Bureau of Homeland Security in the
Military Division of the Office of the Governor. Under this proposal
the Bureau of Homeland Security supercedes and combines the functions
of the Bureau of Disaster Services and the Bureau of Hazardous
Materials, by amending section I.C. 39-7103, The Idaho Hazardous
Substance Response Act, to further define terms and to provide for
implementation through the Bureau of Homeland Security; amends section
I.C. 46-1002, to further define terms; amends I.C. 46-1003, to
refer to acts of terrorism, to make technical corrections, and to
provide references to Homeland Security; amends I.C. 46-1004 to
provide references to Homeland Security; amends I.C. 46-1006 to
provide correct terminology and make technical corrections; amends
I.C. 46-1008 to make reference to Homeland Security, provide correct
terminology, and to make technical corrections; amends I.C. 46-1013
to make technical corrections; amends I.C. 46-1017 to extend
immunity provisions to the Bureau, provide correct terminology, and
make technical corrections; repeals I.C. 46-1019; and amends I.C.
46-1025, to provide references to Homeland Security.
FISCAL IMPACT
There is no direct fiscal impact from this proposal.
CONTACT
Name: John Norris
Agency: Idaho Military Division
Phone: 422-5471
DFM:
Statement of Purpose/Fiscal Impact S 1266