Print Friendly SENATE BILL NO. 1274
– Search/rescue, responsibility
SENATE BILL NO. 1274
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S1274................................................by JUDICIARY AND RULES
SEARCH AND RESCUE - Amends and adds to existing law to remove powers from
the Bureau of Homeland Security regarding search and rescue operations; to
provide powers to sheriffs, the Division of Aeronautics in the Idaho
Transportation Department and the Bureau of Homeland Security regarding
search and rescue operations; and to provide exceptions within a city, fire
district or to an Emergency Medical Services agency licensed by the state
of Idaho under certain circumstances.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett(Thorson), Werk
NAYS -- None
Absent and excused -- Siddoway
Floor Sponsor - Lodge
Title apvd - to House
02/05 House intro - 1st rdg - to Loc Gov
02/15 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35),
NAYS -- None
Absent and excused -- Bedke, Brackett, Lake, Patrick, Snodgrass,
Floor Sponsor - Killen
Title apvd - to Senate
02/21 To enrol
02/22 Rpt enrol - Pres signed
02/25 Sp signed
02/26 To Governor
02/27 Governor signed
Session Law Chapter 39
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1274
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SEARCH AND RESCUE; AMENDING SECTION 46-1009, IDAHO CODE, TO DELETE
3 LANGUAGE REGARDING SEARCH AND RESCUE OPERATIONS; AMENDING CHAPTER 22,
4 TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-2229, IDAHO
5 CODE, TO DEFINE TERMS AND TO PROVIDE POWERS TO SHERIFFS, THE DIVISION OF
6 AERONAUTICS AND THE BUREAU OF HOMELAND SECURITY REGARDING SEARCH AND RES-
7 CUE OPERATIONS AND TO PROVIDE EXCEPTIONS WITHIN A CITY, FIRE DISTRICT OR
8 TO AN EMS AGENCY LICENSED BY THE STATE OF IDAHO UNDER CERTAIN CIRCUM-
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 46-1009, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 46-1009. LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1)
14 Each county within this state shall be within the jurisdiction of and served
15 by the bureau and by a county or intergovernmental agency responsible for
16 disaster preparedness and coordination of response.
17 (2) Each county shall maintain a disaster agency or participate in an
18 intergovernmental disaster agency which, except as otherwise provided under
19 this act, has jurisdiction over and serves the entire county, or shall have a
20 liaison officer appointed by the county commissioners designated to facilitate
21 the cooperation and protection of that subdivision in the work of disaster
22 prevention, preparedness, response and recovery.
23 (3) The chairman of the board of county commissioners of each county in
24 the state shall notify the bureau of the manner in which the county is provid-
25 ing or securing disaster planning and emergency services. The chairman shall
26 identify the person who heads the agency or acts in the capacity of liaison
27 from which the service is obtained, and furnish additional information relat-
28 ing thereto as the bureau requires.
29 (4) Each county and/or intergovernmental agency shall prepare and keep
30 current a local or intergovernmental disaster emergency plan for its area.
31 (5) The county or intergovernmental disaster agency, as the case may be,
32 shall prepare and distribute to all appropriate officials in written form a
33 clear and complete statement of the emergency responsibilities of all local
34 agencies and officials and of the disaster chain of command.
35 (6) Except as provided in subsections (7), (8), (9) and (10) of this sec-
36 tion, the sheriff of each county shall:
37 (a) be the official responsible for command of all search and rescue
38 operations within his jurisdiction;
39 (b) prepare and keep current a plan to command the search and rescue
40 capability and resources available within the county.
41 (7) Pursuant to chapter 1, title 21, Idaho Code, subsection (6) of this
42 section shall not apply to all aerial activity related to the search for lost
43 aircraft and airmen. Search and rescue coordination shall be under the direc-
1 tion and supervision of the chief of the bureau of homeland security within
2 the military division, with aerial search operations coordinated by the Idaho
3 transportation department, division of aeronautics.
4 (8) Nothing in subsection (6) of this section shall apply to search and
5 rescue operations within the incorporated limits of any city.
6 (9) Nothing in subsection (6) of this section shall apply to the rescue
7 of entrapped or injured persons where their location is known to be within a
8 fire district, where the fire district performs such service.
9 (10) Nothing contained in subsection (6) of this section shall apply to
10 the removal of entrapped or injured persons where the person's location is
11 known to a local EMS agency licensed by the state of Idaho.
12 SECTION 2. That Chapter 22, Title 31, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 31-2229, Idaho Code, and to read as follows:
15 31-2229. SEARCH AND RESCUE. (1) For the purpose of this section:
16 (a) "Aerial search" means a response by the bureau of homeland security
17 and the Idaho transportation department's division of aeronautics to a
18 missing or overdue aircraft or airman.
19 (b) "Rescue" means a response by the sheriff to recover lost, missing,
20 injured, impaired or incapacitated persons in imminent danger of injury or
22 (c) "Search" means a response by the sheriff to locate an overdue, miss-
23 ing or lost person.
24 (2) The sheriff of each county shall:
25 (a) Be the official responsible for command of all search and rescue
26 operations within the county;
27 (b) Prepare and keep current a plan to command the search and rescue
28 capabilities and resources available within the county.
29 (3) All aerial search assets shall be under the coordination of the Idaho
30 transportation department's division of aeronautics. The ground aspects of the
31 search and rescue of lost aircraft and airmen shall be under the supervision
32 of the county sheriff, in coordination with the chief of the bureau of
33 homeland security and the administrator of the division of aeronautics.
34 (4) Nothing in subsection (2) of this section shall apply to search and
35 rescue operations within the incorporated limits of any city when the city
36 performs such service.
37 (5) Nothing in subsection (2) of this section shall apply to the rescue
38 of entrapped or injured persons where their location is known to be within a
39 fire district where the fire district performs such service.
40 (6) Nothing contained in subsection (2) of this section shall apply to
41 the removal of entrapped or injured persons where the person's location is
42 known to a local EMS agency licensed by the state of Idaho.
STATEMENT OF PURPOSE
The purpose of this bill is to clarify that it is a duty of
the county sheriff to engage in search and rescue activities.
Under current law, the duties of the sheriff are placed in a
subsection of the code dealing with disasters. This bill simply
moves the search and rescue function to the section of the code
dealing with sheriffs' duties. The bill further clarifies the
roles of the Division of Aeronautics and Department of Homeland
Security in regard to aerial searches.
There will be no impact on the general fund of the state as
a result of this bill.
Michael J. Kane, Idaho Sheriffs Association
STATEMENT OF PURPOSE/FISCAL NOTE S 1274
REVISED REVISED REVISED REVISED REVISED