Title 46 — MILITIA AND MILITARY AFFAIRS

46-101. National defense act — Definitions. The state of Idaho does hereby accept the benefits and provisions of the national defense act, and it is the intent of this code to conform to all laws and regulations of the United States affecting the national guard. DEFINITIONS. –As …

46-102. State militia — Membership — Exemptions. The militia of the state of Idaho shall consist of all able-bodied citizens of the state, and all other able-bodied persons who have or shall have declared their intentions to become citizens of the United States and are residents …

46-103. State militia — Division into classes. The militia of the state of Idaho shall be divided into three (3) classes, to wit: The national guard, the organized militia, and the unorganized militia. The national guard shall consist of enlisted personnel between the ages of sev…

46-104. Enrollment of persons liable to service — Duty of county assessor — Penalty. Whenever the governor deems it necessary he may order a registration under such regulations as he may prescribe, to be made by the assessors of the various counties of this state, of all persons …

46-106. Organized militia — Organization when called into active service. Whenever the governor as commander-in-chief, shall call into the active service of the state the unorganized militia or any part thereof, it shall be organized into such units and shall be armed and equippe…

46-107. Conformity of the national guard to federal law. The governor is authorized and it shall be his duty from time to time to make and publish such orders as may be necessary to conform the national guard in organization, armament and discipline, and otherwise, to that prescr…

46-108. Property and fiscal officer. The governor shall appoint with the advice and approval of the adjutant general, a property and fiscal officer who shall be selected from the national guard of Idaho and shall have had commissioned service therein for over three (3) years.

46-109. General orders — Force and effect as statutes. The composition of all units of the national guard including the commissioned personnel thereof, other than that specifically provided for in this act, shall be fixed from time to time by the governor as commander-in-chief, a…

46-110. Governor as commander-in-chief — Foreign troops — Restrictions on entry into state. The governor of the state by virtue of his office, shall be commander-in-chief of the national guard, except of such thereof, as may be at times in the service of the United States. No arm…

46-111. Adjutant general. There shall be an adjutant general who shall be appointed by the governor and shall hold office during the pleasure of the governor and his commission shall expire with the term of the governor appointing him. The adjutant general shall be the commanding…

46-112. duties of the adjutant general. (1) The adjutant general shall serve as head of the Idaho military division. The governor, as commander-in-chief, pursuant to his or her authority under section 4, article IV, of the constitution of the state of Idaho, shall administer and …

46-113. Assistant adjutants general. There shall be two (2) assistant adjutants general who shall be appointed by and serve at the pleasure of the adjutant general. (a) One (1) of the assistant adjutants general shall be appointed from the Idaho army national guard and may be chi…

46-201. Officers — Warrant officers — Enlistment of personnel — Power of governor. The governor is hereby authorized to appoint officers and warrant officers in such numbers and in such grades, and to cause to be enlisted such numbers of enlisted personnel and airmen in the army …

46-202. Commissioned officers — Appointment and commission — Oath — Temporary appointments. All commissioned officers shall be appointed by the governor as commander in chief and be commissioned according to the grade in the department, corps, or arm of the service in which they …

46-203. Rank of officers. All officers of the national guard of this state shall take precedence or relative rank, as determined by the federal laws and the rules and regulations promulgated thereunder.

46-204. Promotion, when effective. When a commissioned officer or warrant officer of the national guard is promoted to higher grade and accepts same, the promotion shall not be effective until the officer has qualified for the higher office by examination as required under the pr…

46-205. Vacation of commission — Discharge. Commissions of officers of the national guard shall be vacated upon resignation duly accepted by the governor; for absence without leave for three (3) months; upon the recommendation of an efficiency board approved by the governor as pr…

46-206. Retirement — Time of service. Upon request, any commissioned officer, warrant officer or enlisted member of the national guard of Idaho who has a total military service in the armed forces of the United States of twenty (20) years may be placed on the retirement list. In …

46-207. Retiring officer responsible for state property — Status pending settlement of accounts. A commissioned officer responsible or accountable for state funds or state property, or property or funds of the United States, intended and issued for use in the military service, is…

46-210. Enlistment — Contract and oath. Every person enlisting in the national guard shall sign an enlistment contract, and take and subscribe to the oath of enlistment prescribed by the national defense act and regulations issued thereunder.

46-211. Enlistment — Period and requirements — Reenlistment. Hereafter the period and requirements of enlistment and reenlistment in the national guard of this state shall be the same as prescribed by the national defense act and the regulations issued thereunder.

46-212. Enlisted personnel — Discharge papers. An enlisted person discharged from the service of the national guard shall receive a discharge therefrom in writing, in such form and with such classification as is or shall be prescribed by the national defense act and regulations i…

46-213. Enlisted personnel — Transfers. Enlisted personnel of the national guard may be transferred upon their own application from one (1) organization to another in the same manner as prescribed in the federal regulations of the department of the army and the department of the …

46-215. Accounting for property upon discharge. An enlisted person who has not returned or properly accounted for all the public property belonging to the state or to the United States, issued for use in the military service, and for which he or she is responsible, shall not rece…

46-216. Leave of absence from regular duties for military duty. All officers and employees of the state of Idaho who shall be members of the national guard or who shall be reservists in the armed forces of the United States, shall be entitled each calendar year to one hundred twe…

46-224. Entitled to restoration of position after leave of absence for military training. Any person who is a duly qualified member of the national guard or of the reserve components of the armed forces, who is a member of an organized unit and who, in order to receive military t…

46-225. Vacation, sick leave, bonus, health insurance and advancement unaffected by leave of absence. Such absence for military training provided in this chapter shall not affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages…

46-226. Noncompliance of employer entitling employee to damages or equitable relief. If any employer fails to comply with any of the provisions of this act, the employee may bring an action at law for damages for such noncompliance or apply to the district court for such equitabl…

46-301. Equipment of organizations — Commissioned officers. All organizations of the national guard shall be equipped with such arms, equipment and such other supplies as may be furnished to the state under the provisions of the national defense act. The commanding officer of any…

46-314. Educational encouragement. The adjutant general of the Idaho national guard is authorized to encourage recruitment and retention of national guardsmen by providing incentive payments as set forth hereinafter. The adjutant general may authorize the payment of not more than…

46-401. Immunity from arrest. Members of the Idaho national guard, when said guard is in the service of the United States, or the state of Idaho, shall not be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to at…

46-402. Immunity for acts done in performance of duty. Members of the Idaho national guard ordered into active service of the state by any proper authority shall not be liable in any court of this state, either civil or criminal for any acts done by them in performance of their d…

46-403. Equipment exempt from civil process. Uniforms, arms, and equipment, required by law or regulations to be owned by officers of the national guard of this state, and all uniforms, arms, equipment, or other property of state or the United States issued to said officers or en…

46-404. Right of way in streets — Penalties. The commanding officer of any portion of the Idaho national guard called into the active service of the state when performing any military duty in any street or highway, may require any or all persons in such street or highway to yield…

46-405. Exemption from toll in performance of duties. Any person belonging to the Idaho national guard going to or returning from any parade, encampment, drill or meeting which he may be required to attend under the laws and regulations for said national guard, shall, together wi…

46-406. Exemption from jury duty. Any member of the national guard shall be exempt from sitting or serving as juror in any of the courts of this state, provided he shall furnish the certificate of his immediate commanding officer that he has performed the duties required by his e…

46-407. Reemployment rights. (a) Any member of the Idaho national guard who is ordered to duty by the governor, or any Idaho employee who is a member of the national guard of another state and who is called into active service by the governor of that state, and who at the time of…

46-408. Security of the orchard training area. Employees of the military division of the state of Idaho who are performing security duties at the Orchard training area located in Ada and Elmore counties may, in addition to their power to protect and secure military property and p…

46-409. The militia civil relief act. (1) As used in this section, the following terms have the following meanings: (a) "Active member" means any member of the air or army national guard who is called or ordered by the governor to state active duty, or to duty other than for trai…

46-501. Purpose of the chapter. The purpose of this chapter is to encourage compliance with the federal military selective service act and to protect the eligibility of the citizens of this state who are subject to the provisions of the federal statute to receive federal financia…

46-502. Legislative findings. The legislature of the state of Idaho finds that the military selective service act at 50 U.S.C. sec. 451 et seq. requires all male citizens and every other male person residing in the United States, except for lawfully admitted nonimmigrant aliens, …

46-503. Eligibility for postsecondary education and financial assistance — Responsibility to verify compliance. (1) A person may not enroll in a state-supported institution of postsecondary education unless he is in compliance with the federal military selective service act. (2) …

46-504. Eligibility for employment — Responsibility to verify compliance. (1) No male person who has attained the age of eighteen (18) years who fails to be in compliance with the federal selective service act shall be eligible for employment by or service for the state of Idaho,…

46-505. Exceptions to the requirements of this chapter. A person shall not be denied a right, privilege or benefit under this chapter by reason of failure to present himself for and submit to the requirement to register pursuant to the federal military selective service act if: (…

46-601. authority of governor. (1)(a) The governor may proclaim a state of extreme emergency and then order into the active service of the state the national guard, as he may deem proper. (b) "State of extreme emergency" means: (i) The duly proclaimed existence of conditions thre…

46-602. Proclamation of martial law. Whenever a state of extreme emergency has been proclaimed by the governor, the governor if in his judgment the maintenance of law and order will thereby be promoted, and in addition to the proclaiming of said state of extreme emergency, may by…

46-604. Cooperation of militia with civil authorities — Calling out military forces. When the national guard or the organized militia shall be ordered into the active service of the state during a state of extreme emergency, or for any other cause, the commanding officer of the m…

46-605. Pay on active duty. When the national guard or any part thereof is ordered on active duty in the service of the state, the enlisted personnel, the commissioned officers and warrant officers so ordered shall be entitled to the same pay as enlisted personnel, officers and w…

46-607. Pay on active duty — State liable for expenses and claims. All officers and enlisted personnel of the national guard not in the service of the United States, while on duty or assembled therefor, pursuant to the orders of the governor, or any other civil officer authorized…

46-609. Officers and enlisted personnel on special duty — Compensation and allowances. Officers and enlisted personnel of the national guard may be ordered upon special duty at the direction of the adjutant general, if with their consent, for a period not to exceed seventy-two (7…