2004 Legislation
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SENATE BILL NO. 1266 – Homeland Security/disaster services


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Bill Status

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

Bill Text

  ]]]]              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
 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
  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
  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
  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:
  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
  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
  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
  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
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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. 

Name:     John Norris
Agency:   Idaho Military Division
Phone:    422-5471

Statement of Purpose/Fiscal Impact                  S 1266