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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),
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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-36tion, the sheriff of each county shall:37(a) be the official responsible for command of all search and rescue38operations within his jurisdiction;39(b) prepare and keep current a plan to command the search and rescue40capability and resources available within the county.41(7) Pursuant to chapter 1, title 21, Idaho Code, subsection (6) of this42section shall not apply to all aerial activity related to the search for lost43aircraft and airmen. Search and rescue coordination shall be under the direc-2 1tion and supervision of the chief of the bureau of homeland security within2the military division, with aerial search operations coordinated by the Idaho3transportation department, division of aeronautics.4(8) Nothing in subsection (6) of this section shall apply to search and5rescue operations within the incorporated limits of any city.6(9) Nothing in subsection (6) of this section shall apply to the rescue7of entrapped or injured persons where their location is known to be within a8fire district, where the fire district performs such service.9(10) Nothing contained in subsection (6) of this section shall apply to10the removal of entrapped or injured persons where the person's location is11known 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
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
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