Title 46, MILITIA AND MILITARY AFFAIRS

46-1004. IDAHO OFFICE OF EMERGENCY MANAGEMENT CREATED. Within the military division of the office of governor, an Idaho office of emergency management is established.

46-1005. COORDINATING OFFICER -- SELECTION. The office may be headed by the adjutant general as chief of the military division, or by a coordinating officer selected by the adjutant general with the concurrence of the governor. If the adjutant general serves as chief of the offic…

46-1005A. DISASTER EMERGENCY ACCOUNT. (1) There is hereby created and established in the state treasury a separate account to be known as the disaster emergency account, which account shall be administered by the governor or his designee. The account shall only be used to pay obl…

46-1006. POWERS AND DUTIES OF CHIEF AND OFFICE. (1) In all matters of disaster services, the adjutant general shall represent the governor and shall, on behalf of the governor, coordinate the activities of all of the state agencies in disaster services. The office shall have a co…

46-1007. LIMITATIONS. Nothing in this act shall be construed to: (1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to pub…

46-1008. THE GOVERNOR AND DISASTER EMERGENCIES. (1) Under this act, the governor may issue executive orders and proclamations and may amend or rescind them. Executive orders and proclamations have the force and effect of law; provided, however, that any such orders, proclamations…

46-1008A. EVACUATION ORDERS -- VOLUNTARY NONCOMPLIANCE. (1) Notwithstanding any other provision of law to the contrary, a person may choose not to evacuate his home despite being ordered or compelled to do so pursuant to the provisions of this chapter. (2) A person who chooses no…

46-1009. LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1) Each county within this state shall be within the jurisdiction of and served by the office and by a county or intergovernmental agency responsible for disaster preparedness and coordination of response. (2) …

46-1010. INTERGOVERNMENTAL ARRANGEMENTS. (1) The governor may enter into interstate emergency or disaster service compacts with any state if he finds that joint action with the state is desirable in meeting common intergovernmental problems of emergency or disaster planning, prev…

46-1011. LOCAL DISASTER EMERGENCIES. (1) A local disaster emergency may be declared only by a mayor or chairman of the county commissioners within their respective political subdivisions. It shall not be continued or renewed for a period in excess of seven (7) days except by or w…

46-1012. COMPENSATION. (1) Each person within this state shall conduct himself and keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state, other political subdivisions, and the public to success…

46-1013. COMMUNICATIONS. The office shall ascertain what means exist for rapid and efficient communications in times of disaster emergencies. The office shall consider the desirability of supplementing these communication resources or of integrating them into a comprehensive stat…

46-1014. MUTUAL AID. (1) Political subdivisions not participating in the intergovernmental arrangements pursuant to this act nevertheless shall be encouraged and assisted by the office to conclude suitable arrangement for furnishing mutual aid in coping with disasters. The arrang…

46-1015. WEATHER MODIFICATION. The office shall keep continuously appraised of weather conditions which present danger of precipitation or other climatic activity severe enough to constitute a disaster. If the office determines that precipitation that may result from weather modi…

46-1016. LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH. No person, partnership, corporation, association, the state of Idaho or any political subdivision thereof or other entity who owns, leases, controls, occupies or maintains any building or premises which shall have be…

46-1017. IMMUNITY. Neither the state, nor the office, nor any political subdivision thereof nor other agencies, nor, except in cases of willful misconduct, the agents, employees or representatives of any of them engaged in any civil defense, disaster or emergency and the planning…

46-1018. INTERSTATE MUTUAL AID COMPACT. The state of Idaho hereby enacts into law and enters into the interstate mutual aid compact with those states who agree and enact the interstate mutual aid compact in accordance with the terms of the compact, which compact is substantially …

46-1018A. EMERGENCY MANAGEMENT ASSISTANCE COMPACT. The legislature of the state of Idaho hereby authorizes the governor of the state of Idaho to enter into a compact on behalf of the state of Idaho with any other state legally joining therein, in the form substantially as follows…

46-1020. PURPOSE AND FINDINGS. (1) The legislature of the state of Idaho finds: (a) That recurring floods in Idaho threaten human life, health and property and that the public interest requires that the floodplains of Idaho be managed and regulated in order to minimize flood haza…

46-1021. DEFINITIONS. As used in this act: (1) "Development" means any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures, or accessory structures or the construction of additions or substantial improvemen…

46-1022. LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES. Subject to the availability of adequate mapping and data to properly identify the floodplains, if any, within its jurisdiction, each local government is encouraged to adopt a floodplain map and floodplain manageme…

46-1023. ENFORCEMENT AND SANCTIONS. (1) Development constructed or maintained in violation of any local floodplain management ordinance that conforms to the provisions of this chapter is hereby declared to be a public nuisance and the creation thereof may be enjoined and the main…

46-1024. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the inval…

46-1025. FEDERAL FUNDS TO POLITICAL SUBDIVISIONS. (1) Annually, the chief of the Idaho office of emergency management shall prepare a written summary of all grants received from the federal emergency management agency to be distributed to the forty-four (44) county commission cha…

46-1026. DEFINITIONS. As used in this section and section 46-1027, Idaho Code, the following terms shall have the following meanings: (1) "Idaho technical rescue (ITR) teams" means a specialized team or group of teams formed pursuant to this section and section 46-1027, Idaho Cod…

46-1027. MILITARY DIVISION -- IDAHO OFFICE OF EMERGENCY MANAGEMENT -- ADDITIONAL POWERS AND DUTIES. (1) The military division through the Idaho office of emergency management shall implement the provisions of this section and section 46-1026, Idaho Code, and in so doing, the mili…

46-1101. SHORT TITLE. This act may be cited and referred to as the "Idaho Code of Military Justice."

46-1102. MODEL STATE CODE OF MILITARY JUSTICE. The "Model State Code of Military Justice" is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: MODEL STATE CODE OF MILITARY JUSTICE PART I. GEN…

46-1103. ARREST. Arrest of members of the Idaho military not in federal service by members of the Idaho military while acting in their military capacity is prohibited, except in the following circumstances: (1) If any member fails or refuses to report to his appointed place of du…

46-1104. REGULATORY AUTHORITY. The adjutant general shall have authority to promulgate such regulations as he deems necessary and proper to carry out the intent of this code.

46-1105. IMMUNITY. All persons acting under the provisions of this chapter, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of their acts or omissions which they did or failed to do as part of their duties under this chapt…

46-1106. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the rema…