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S1317aa...............................................by HEALTH AND WELFARE
LICENSED EMERGENCY MEDICAL SERVICES AGENCY - Amends existing law to clarify
jurisdiction of licensed emergency medical service agencies; and to provide
an exception to jurisdiction of the sheriff over certain search and rescue
situations.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Health/Wel
02/23 Rpt out - to 14th Ord
03/02 Rpt out amen - to engros
03/03 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, 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 -- None
Floor Sponsor - Brandt
Title apvd - to House
03/10 House intro - 1st rdg - to Health/Wel
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 62-0-8
AYES -- Andersen, Barraclough, Barrett, Bayer, Bell, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,
Stevenson, Wills, Wood
NAYS -- None
Absent and excused -- Bauer, Bedke, Clark, Harwood, Kulczyk,
Smith(24), Trail, Mr. Speaker
Floor Sponsor - Cuddy
Title apvd - to Senate
03/20 To enrol - Rpt enrol - Pres signed
03/22 Sp signed - To Governor
04/02 Governor signed
Session Law Chapter 373
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1317
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO EMERGENCY SERVICES; AMENDING SECTION 46-1007, IDAHO CODE, TO CLAR-
3 IFY JURISDICTION OF LICENSED EMERGENCY MEDICAL SERVICE AGENCIES; AND
4 AMENDING SECTION 46-1009, IDAHO CODE, TO PROVIDE AN EXCEPTION TO JURISDIC-
5 TION OF THE SHERIFF.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 46-1007, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 46-1007. LIMITATIONS. Nothing in this act shall be construed to:
10 (1) Interfere with the course or conduct of a labor dispute, except that
11 actions otherwise authorized by this act or other laws may be taken when nec-
12 essary to forestall or mitigate imminent or existing danger to public health
13 or safety;
14 (2) Interfere with dissemination of news or comment on public affairs;
15 (3) Affect the jurisdiction or responsibilities of police forces, fire
16 fighting forces, local emergency medical service (EMS) agencies licensed by
17 the state department of health and welfare EMS bureau, units of the armed
18 forces of the United States, or of any personnel thereof, when on active duty;
19 but state, local, and intergovernmental disaster emergency plans shall place
20 reliance upon the forces available for performance of functions related to
21 disaster emergencies; or
22 (4) Limit, modify, or abridge the authority of the governor to proclaim
23 martial law or exercise any other powers vested in him under the constitution
24 or statutes of this state independent of or in conjunction with any provisions
25 of this act.
26 SECTION 2. That Section 46-1009, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 46-1009. LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1)
29 Each county within this state shall be within the jurisdiction of and served
30 by the bureau and by a county or intergovernmental agency responsible for
31 disaster preparedness and coordination of response.
32 (2) Each county shall maintain a disaster agency or participate in an
33 intergovernmental disaster agency which, except as otherwise provided under
34 this act, has jurisdiction over and serves the entire county, or shall have a
35 liaison officer appointed by the county commissioners designated to facilitate
36 the cooperation and protection of that subdivision in the work of disaster
37 prevention, preparedness, response and recovery.
38 (3) The chairman of the board of county commissioners of each county in
39 the state shall notify the bureau of the manner in which the county is provid-
40 ing or securing disaster planning and emergency services. The chairman shall
41 identify the person who heads the agency or acts in the capacity of liaison
2
1 from which the service is obtained, and furnish additional information relat-
2 ing thereto as the bureau requires.
3 (4) Each county and/or intergovernmental agency shall prepare and keep
4 current a local or intergovernmental disaster emergency plan for its area.
5 (5) The county or intergovernmental disaster agency, as the case may be,
6 shall prepare and distribute to all appropriate officials in written form a
7 clear and complete statement of the emergency responsibilities of all local
8 agencies and officials and of the disaster chain of command.
9 (6) Except as provided in subsections (7), (8), and (9) and (10) of this
10 section, the sheriff of each county shall:
11 (a) be the official responsible for command of all search and rescue
12 operations within his jurisdiction;
13 (b) prepare and keep current a plan to command the search and rescue
14 capability and resources available within the county.
15 (7) Pursuant to chapter 1, title 21, Idaho Code, subsection (6) of this
16 section shall not apply to all aerial activity related to the search for lost
17 aircraft and airmen which shall be under the direction and supervision of the
18 director of the Idaho transportation department and coordinated with the divi-
19 sion of aeronautics.
20 (8) Nothing in subsection (6) of this section shall apply to search and
21 rescue operations within the incorporated limits of any city.
22 (9) Nothing in subsection (6) of this section shall apply to the rescue
23 of entrapped or injured persons where their location is known to be within a
24 fire district, where the fire district performs such service.
25 (10) Nothing contained in subsection (6) of this section shall apply to
26 the rescue of entrapped or injured persons where the service is performed by a
27 local EMS agency licensed by the state of Idaho.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Brandt
Seconded by Pearce
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1317
1 AMENDMENT TO SECTION 2
2 On page 2 of the printed bill, delete line 26 and insert: "the removal of
3 entrapped or injured persons where the person's location is known to a".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1317, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO EMERGENCY SERVICES; AMENDING SECTION 46-1007, IDAHO CODE, TO CLAR-
3 IFY JURISDICTION OF LICENSED EMERGENCY MEDICAL SERVICE AGENCIES; AND
4 AMENDING SECTION 46-1009, IDAHO CODE, TO PROVIDE AN EXCEPTION TO JURISDIC-
5 TION OF THE SHERIFF.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 46-1007, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 46-1007. LIMITATIONS. Nothing in this act shall be construed to:
10 (1) Interfere with the course or conduct of a labor dispute, except that
11 actions otherwise authorized by this act or other laws may be taken when nec-
12 essary to forestall or mitigate imminent or existing danger to public health
13 or safety;
14 (2) Interfere with dissemination of news or comment on public affairs;
15 (3) Affect the jurisdiction or responsibilities of police forces, fire
16 fighting forces, local emergency medical service (EMS) agencies licensed by
17 the state department of health and welfare EMS bureau, units of the armed
18 forces of the United States, or of any personnel thereof, when on active duty;
19 but state, local, and intergovernmental disaster emergency plans shall place
20 reliance upon the forces available for performance of functions related to
21 disaster emergencies; or
22 (4) Limit, modify, or abridge the authority of the governor to proclaim
23 martial law or exercise any other powers vested in him under the constitution
24 or statutes of this state independent of or in conjunction with any provisions
25 of this act.
26 SECTION 2. That Section 46-1009, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 46-1009. LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1)
29 Each county within this state shall be within the jurisdiction of and served
30 by the bureau and by a county or intergovernmental agency responsible for
31 disaster preparedness and coordination of response.
32 (2) Each county shall maintain a disaster agency or participate in an
33 intergovernmental disaster agency which, except as otherwise provided under
34 this act, has jurisdiction over and serves the entire county, or shall have a
35 liaison officer appointed by the county commissioners designated to facilitate
36 the cooperation and protection of that subdivision in the work of disaster
37 prevention, preparedness, response and recovery.
38 (3) The chairman of the board of county commissioners of each county in
39 the state shall notify the bureau of the manner in which the county is provid-
40 ing or securing disaster planning and emergency services. The chairman shall
41 identify the person who heads the agency or acts in the capacity of liaison
2
1 from which the service is obtained, and furnish additional information relat-
2 ing thereto as the bureau requires.
3 (4) Each county and/or intergovernmental agency shall prepare and keep
4 current a local or intergovernmental disaster emergency plan for its area.
5 (5) The county or intergovernmental disaster agency, as the case may be,
6 shall prepare and distribute to all appropriate officials in written form a
7 clear and complete statement of the emergency responsibilities of all local
8 agencies and officials and of the disaster chain of command.
9 (6) Except as provided in subsections (7), (8), and (9) and (10) of this
10 section, the sheriff of each county shall:
11 (a) be the official responsible for command of all search and rescue
12 operations within his jurisdiction;
13 (b) prepare and keep current a plan to command the search and rescue
14 capability and resources available within the county.
15 (7) Pursuant to chapter 1, title 21, Idaho Code, subsection (6) of this
16 section shall not apply to all aerial activity related to the search for lost
17 aircraft and airmen which shall be under the direction and supervision of the
18 director of the Idaho transportation department and coordinated with the divi-
19 sion of aeronautics.
20 (8) Nothing in subsection (6) of this section shall apply to search and
21 rescue operations within the incorporated limits of any city.
22 (9) Nothing in subsection (6) of this section shall apply to the rescue
23 of entrapped or injured persons where their location is known to be within a
24 fire district, where the fire district performs such service.
25 (10) Nothing contained in subsection (6) of this section shall apply to
26 the removal of entrapped or injured persons where the person's location is
27 known to a local EMS agency licensed by the state of Idaho.
STATEMENT OF PURPOSE
RS 13837
The purpose of this legislation is to amend Section 46-1007,
Idaho Code, to clarify jurisdiction of licensed emergency medical
service agencies; and amending Section 46-1009, Idaho Code, to
provide an exception to jurisdiction of the sheriff.
The jurisdiction and authority of police and fire departments is
protected in 46-1007(3) but not that of emergency medical
services. Approximately 85% of the ambulance services in Idaho
are not affiliated with a fire department or law enforcement
agency. This change will provide the same clarity about chain of
command for EMS agencies as for fire agencies. Sheriffs are
generally not trained or equipped to command medical incidents,
and some local EMS
agencies are frequently not affiliated with a sheriffs
department, though they may frequently work together and
cooperate with law enforcement. This legislation is in the best
interest of public safety in our communities.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
Contact:
Name: Senator Skip Brandt
Phone: 208/332-1332
STATEMENT OF PURPOSE/FISCAL NOTE S 1317