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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.
Speaker
NAYS -- Boe, Martinez, Mitchell, Pasley-Stuart, Ringo, Smith(30)
Absent and excused -- Denney, Henderson, Shepherd(2), Smith(24),
Trail
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
]]]] 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
2 RELATING TO EMERGENCY POWERS; AMENDING SECTION 46-1008, IDAHO CODE, TO REMOVE
3 A REFERENCE TO FIREARMS AND TO PROVIDE THAT NO RESTRICTIONS SHALL BE
4 IMPOSED ON LAWFUL USES OF FIREARMS OR AMMUNITION DURING A DISASTER EMER-
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
2
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
RS15712C1
To re-establish the right of the people to lawfully keep and bear
arms in times of a continued state of disaster.
FISCAL IMPACT
None.
Contact
Name: Rep. Bill Sali, Sen Gerry Sweet, Sen Russ Fulcher,
Rep. Cliff Bayer
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1401