2006 Legislation
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SENATE BILL NO. 1401 – Firearms, lawful use, no restrictn


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Bill Status

S1401................................................by JUDICIARY AND RULES
FIREARMS - Amends existing law relating to emergency powers to provide that
no restrictions shall be imposed on lawful uses of firearms or ammunition
during a disaster emergency.
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsor - Sweet
    Title apvd - to House
03/08    House intro - 1st rdg - to Transp
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 59-6-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Mathews, McGeachin,
      McKague, Miller, Moyle, Nielsen, Nonini, Pence, Raybould, Ring,
      Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(8),
      Shirley, Skippen, Smylie, Snodgrass, Stevenson, Wills, Wood, Mr.
      NAYS -- Boe, Martinez, Mitchell, Pasley-Stuart, Ringo, Smith(30)
      Absent and excused -- Denney, Henderson, Shepherd(2), Smith(24),
    Floor Sponsor - Sali
    Title apvd - to Senate
03/24    To enrol
03/27    Rpt enrol - Pres signed
03/28    Sp signed
03/29    To Governor
03/30    Governor signed
         Session Law Chapter 264
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                                    SENATE BILL NO. 1401
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  5        GENCY.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section 46-1008, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        46-1008.  THE GOVERNOR AND DISASTER EMERGENCIES. (1) Under this  act,  the
 10    governor  may issue executive orders, proclamations and amend or rescind them.
 11    Executive orders and proclamations have the force and effect of law.
 12        (2)  A disaster emergency shall be declared by executive order or  procla-
 13    mation  of the governor if he finds a disaster has occurred or that the occur-
 14    rence or the threat thereof is imminent. The state of disaster emergency shall
 15    continue until the governor finds that the threat or danger has passed, or the
 16    disaster has been dealt with to the extent that emergency conditions no longer
 17    exist, and when either or both of these events occur, the governor shall  ter-
 18    minate  the  state  of  disaster emergency by executive order or proclamation;
 19    provided, however, that no state of disaster emergency may continue for longer
 20    than thirty (30) days unless the governor finds that it  should  be  continued
 21    for  another  thirty (30) days or any part thereof. The legislature by concur-
 22    rent resolution may terminate a state  of  disaster  emergency  at  any  time.
 23    Thereupon,  the governor shall issue an executive order or proclamation ending
 24    the state of disaster emergency. All executive orders or proclamations  issued
 25    under  this  subsection shall indicate the nature of the disaster, the area or
 26    areas threatened, the area subject to the  proclamation,  and  the  conditions
 27    which  are  causing  the disaster. An executive order or proclamation shall be
 28    disseminated promptly by means calculated to bring its contents to the  atten-
 29    tion  of  the  general  public and unless the circumstances attendant upon the
 30    disaster prevent or impede, be promptly filed  with  the  bureau  of  homeland
 31    security,  the office of the secretary of state and the office of the recorder
 32    of each county where the state of disaster emergency applies.
 33        (3)  An executive order or proclamation of a state of  disaster  emergency
 34    shall  activate the disaster response and recovery aspects of the state, local
 35    and intergovernmental disaster emergency plans  applicable  to  the  political
 36    subdivision or area in question and be authority for the deployment and use of
 37    any forces to which the plan or plans apply and for use or distribution of any
 38    supplies,  equipment,  and  materials and facilities assembled, stockpiled, or
 39    arranged to be made available pursuant to this act or any other  provision  of
 40    law relating to disaster emergencies.
 41        (4)  During  the continuance of any state of disaster emergency the gover-
 42    nor is commander-in-chief of the militia and may assume command of  all  other
 43    forces  available  for emergency duty. To the greatest extent practicable, the
  1    governor shall delegate or  assign  command  authority  by  prior  arrangement
  2    embodied  in  appropriate  executive orders or regulations, but nothing herein
  3    restricts his authority to do so by orders issued at the time of the  disaster
  4    emergency.
  5        (5)  In  addition  to any other powers conferred upon the governor by law,
  6    he may:
  7        (a)  Suspend the provisions of any regulations prescribing the procedures
  8        for conduct of public business that would in any way prevent,  hinder,  or
  9        delay necessary action in coping with the emergency;
 10        (b)  Utilize  all  resources  of the state, including, but not limited to,
 11        those sums in the disaster emergency account as he shall  deem   necessary
 12        to pay obligations and expenses incurred during a declared state of disas-
 13        ter emergency;
 14        (c)  Transfer  the direction, personnel, or functions of state departments
 15        and agencies or units thereof for the purpose of performing or  facilitat-
 16        ing emergency services;
 17        (d)  Subject to any applicable requirements for compensation under section
 18        46-1012,  Idaho  Code, commandeer or utilize any private property, real or
 19        personal, if he finds this necessary to cope with the disaster emergency;
 20        (e)  Direct and compel the evacuation of all or  part  of  the  population
 21        from  any  stricken  or  threatened area within the state if he deems this
 22        action necessary for the preservation of life or  other  disaster  mitiga-
 23        tion, response, or recovery;
 24        (f)  Prescribe  routes,  modes of transportation, and destinations in con-
 25        nection with evacuation;
 26        (g)  Control ingress and egress to and from a disaster area, the  movement
 27        of persons within the area, and the occupancy of premises therein;
 28        (h)  Suspend  or limit the sale, dispensing or transportation of alcoholic
 29        beverages, firearms, explosives, and combustibles;
 30        (i)  Make provision for the availability and use  of  temporary  emergency
 31        housing.
 32        (6)  Whenever  an  emergency  or  a disaster has been declared to exist in
 33    Idaho by the president under the provisions of the disaster relief act of 1974
 34    (public law 93-288, 42 U.S.C. 5121), as amended, the governor may:
 35        (a)  Enter into agreements with the federal government for the sharing  of
 36        disaster recovery expenses involving public facilities;
 37        (b)  Require  as  a condition of state assistance that a local taxing dis-
 38        trict be responsible for paying forty  percent  (40%)  of  the  nonfederal
 39        share  of  costs  incurred  by  the  local taxing district which have been
 40        determined to be eligible for reimbursement  by  the  federal  government,
 41        provided  that  the  total local share of eligible costs for a taxing dis-
 42        trict shall not exceed ten percent (10%)  of  the  taxing  district's  tax
 43        charges authorized by section 63-802, Idaho Code;
 44        (c)  Obligate the state to pay the balance of the nonfederal share of eli-
 45        gible  costs  within  local  taxing entities qualifying for federal assis-
 46        tance; and
 47        (d)  Enter into agreements with the federal government for the sharing  of
 48        disaster  assistance  expenses to include individual and family grant pro-
 49        grams.
 50        (7)  During the continuance of any state of  disaster  emergency,  neither
 51    the  governor  nor any agency of any governmental entity or political subdivi-
 52    sion of the state shall impose restrictions on the lawful  possession,  trans-
 53    fer, sale, transport, storage, display or use of firearms or ammunition.

Statement of Purpose / Fiscal Impact

                           STATEMENT OF PURPOSE


To re-establish the right of the people to lawfully keep and bear
arms in times of a continued state of disaster.

                                FISCAL IMPACT


Name:  Rep. Bill Sali, Sen Gerry Sweet, Sen Russ Fulcher, 
       Rep. Cliff Bayer 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                                  S 1401