2008 Legislation
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SENATE BILL NO. 1274<br /> – Search/rescue, responsibility

SENATE BILL NO. 1274

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Bill Status



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),
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Brackett, Lake, Patrick, Snodgrass,
      Trail
    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
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              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-
  9        STANCES.

 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-

                                       2

  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
 21        death.
 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 / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 17474
  
  
  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. 
  
  
  
  
                        FISCAL IMPACT
  
  There will be no impact on the general fund of the state as
  a result of this bill.
  
  
  
  
  
  
  
  CONTACT:  
  Michael J. Kane, Idaho Sheriffs Association
  Phone: 342-4545
  
  
  
  
  STATEMENT OF PURPOSE/FISCAL NOTE                           S 1274    
  
  
  REVISED         REVISED        REVISED        REVISED      REVISED