Idaho Code § 46-1018A — Idaho Code / Title 46 / Chapter 10 / Section 46-1018A
46-1018A EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
Status: in_force

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:

EMERGENCY MANAGEMENT ASSISTANCE COMPACT

ARTICLE I

PURPOSES AND AUTHORITIES

(1) This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.

(2) The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

(3) This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' national guard forces, either in accordance with the national guard mutual assistance compact or by mutual agreement between states.

ARTICLE II

GENERAL IMPLEMENTATION

(1) Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

(2) The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

(3) On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

ARTICLE III

PARTY STATE RESPONSIBILITIES

(1) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

(a) Review individual state hazards analysis and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack.

(b) Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

(c) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

(d) Assist in warning communities adjacent to or crossing the state boundaries.

(e) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

(f) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

(g) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

(2) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information:

(a) A description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

(b) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.

(c) The specific place and time for staging of the assisting party's response and a point of contact at that location.

(3) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.

ARTICLE IV

LIMITATIONS

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the states in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency service authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or upon commencement of exercises or training of mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer.

ARTICLE V

LICENSES AND PERMITS

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI

LIABILITY

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.

ARTICLE VII

SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

ARTICLE VIII

COMPENSATION

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX

REIMBURSEMENT

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provisions of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X

EVACUATION

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI

IMPLEMENTATION

(1) This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter this compact shall become effective as to any other state upon its enactment by such state.

(2) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

(3) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the federal emergency management agency and other appropriate agencies of the United States government.

ARTICLE XII

VALIDITY

This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII

ADDITIONAL PROVISIONS

Nothing in this compact shall authorize or permit the use of military force by the national guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the army or the air force would in the absence of express statutory authorization be prohibited under section 1385 of title 18, United States Code.

History:

[46-1018A, added 2001, ch. 140, sec. 1, p. 502.]
Idaho Code § 46-910 — Idaho Code / Title 46 / Chapter 9 / Section 46-910
46-910 AGENCY MINIMUM STANDARDS.
Status: in_force

46-910. agency minimum standards. (1) Each ambulance service, air medical service and nontransport service shall be licensed under this chapter based on the level of licensed personnel it utilizes, transport capability and self-declared geographic coverage area and shall meet the following standards:

(a) Personnel during transport or transfer — There shall be at least two (2) crew members on each patient transport or transfer, with the crew member delivering patient care being, at a minimum, a licensed emergency medical technician (EMT) or a licensed emergency medical responder (EMR) with a valid ambulance certification issued by the division.

(b) Dispatch — Each licensed EMS agency shall have a twenty-four (24) hour dispatch arrangement and shall respond to calls on a twenty-four (24) hour basis.

(c) Agency inspections and licensing — The division shall conduct inspections at least annually related to agency licensing or shall contract to have the inspections carried out. Each agency shall have a current state license in order to operate.

(d) Ambulance service minimum standards waiver — The controlling authority providing ambulance services may petition the division for waiver of the ambulance standards of subsection (2) of this section if compliance with these standards would cause undue hardship on the community being served, or would result in abandonment of ambulance services.

(e) Nontransport service minimum standards waiver — The controlling authority providing nontransport services may petition the division for waiver of the twenty-four (24) hour response requirement of this section if the petition demonstrates that the community, setting, industrial site or event is not populated on a twenty-four (24) hour basis or does not exist on a three hundred sixty-five (365) day per year basis or if compliance with these standards would cause undue hardship on the community being served or would result in abandonment of nontransport services.

(f) Supervision — A licensed physician shall supervise the medical activities provided by licensed personnel affiliated with the licensed agency, including but not limited to establishing standing orders and protocols, reviewing performance of licensed personnel, approving methods for licensed personnel to receive instructions for patient care via radio, telephone or in person, and other oversight as provided in regulation.

(2) Applicants must submit the following information with their applications and agree to meet the following requirements as a condition of licensure:

(a) A declaration of anticipated applicant agency costs and revenues; a statement of projected changes in response time; and a narrative describing projected clinical benefits to patients resulting from licensure using methods defined in applicable regulations concerning such matters on an application provided by the division; and

(b) Collect and report data to the division upon receiving a license using a data collection system that is validated as compliant by the national emergency medical services information system technical assistance center in accordance with applicable regulation.

(3) The division will provide notice of any such application to all cities, counties and other units of local government that have any geographic coverage area in common with the applicant in accordance with applicable regulations. Such notice will include a summary of the applicant data supplied to the division. Any other division use of the cost and revenue data supplied by applicants is limited exclusively to informational purposes.

(4) If the division denies an application for any reason, then such decision may be appealed to the office of administrative hearings within forty-two (42) days of the date of the issuance of the denial at the request of the applicant whose request for a license was denied.

(a) The office of administrative hearings shall, within twenty-eight (28) days of receipt of the request, review the full record regarding the application and convene a public hearing regarding the appeal. After the public hearing, the hearing officer shall submit a written recommendation to the division and to the applicant requesting review. The recommendation by the hearing officer either to affirm or reverse the division's decision shall be based on the full record regarding the application, including this chapter and the regulations and standards established under this chapter. The recommendation shall be in writing and accompanied by a reasoned opinion.

(b) Within twenty-eight (28) days following the issuance of the hearing officer's written recommendation, the division shall either affirm or reverse its initial decision.

(c) If, upon reconsideration of a decision to deny an application, the division:

(i) Reverses its initial decision and approves the application, then there shall be no further appeal; or

(ii) Affirms its initial decision denying the application, then the applicant may appeal as set forth in chapter 52, title 67, Idaho Code.

History:

[(46-910) (56-1016) 39-144, added 1976, ch. 187, sec. 5, p. 677; am. 1993, ch. 50, sec. 2, p. 131; am. 1996, ch. 26, sec. 7, p. 64; am. and redesig. 2001, ch. 110, sec. 9, p. 380; am. 2006, ch. 421, sec. 4, p. 1305; am. 2009, ch. 189, sec. 7, p. 616; am. 2018, ch. 101, sec. 1, p. 212; am. and redesig. 2025, ch. 94, sec. 8, p. 454.]
Idaho Code § 46-408 — Idaho Code / Title 46 / Chapter 4 / Section 46-408
46-408 SECURITY OF THE ORCHARD TRAINING AREA.
Status: in_force

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 persons, detain for civil law enforcement authorities any person who commits a violation of the criminal laws of this state in their presence. Persons so detained shall be released to the custody of civil law enforcement authorities as soon as practicable. Employees performing duties under this section are "employees" under sections 6-902, 6-903 and 6-917, Idaho Code, and are not excluded by the exceptions to governmental liability under section 6-904 4. or 5., Idaho Code.

History:

[46-408, added 2000, ch. 86, sec. 1, p. 188; am. 2021, ch. 63, sec. 1, p. 196.]
Idaho Code § 46-921 — Idaho Code / Title 46 / Chapter 9 / Section 46-921
46-921 IDAHO TIME SENSITIVE EMERGENCY SYSTEM — TSE REGISTRY CONFIDENTIALITY.
Status: in_force

46-921. idaho time sensitive emergency system — tse registry confidentiality. (1) Records and information contained in the TSE registry shall be kept confidential and may be released only as provided by this chapter and regulations adopted by the division.

(2) The division and an authorized contractor may enter into agreements to exchange confidential information with other TSE registries in order to obtain complete reports of Idaho residents treated in other states and to provide information to other states regarding such other state's residents treated in Idaho. Agreements sharing information from the TSE registry shall include a provision requiring the receiving agency to keep such information confidential.

(3) The division and an authorized contractor may, in their discretion, publish or furnish to health researchers and the public de-identified information, including compilations and analyses thereof.

(4) The division and an authorized contractor may furnish confidential information to other TSE registries, federal TSE programs, or health researchers in order to perform and collaborate with research studies. Persons and entities receiving confidential information for research purposes must comply with regulations of the division relating to the confidentiality of TSE registry records and information.

(5) The division and an authorized contractor may furnish confidential information relating to a specific hospital, including compilations and analyses of such confidential information, to the specific hospital to which it relates.

(6) TSE registry records and information shall not be available for purposes of litigation except by order of the court. Any such order shall contain such protective provisions as are reasonable and necessary to prevent the public or further disclosure of the records and information and shall contain a provision requiring the destruction of the records and information when no longer needed for the litigation.

History:

[46-921, added 2025, ch. 94, sec. 2, p. 450.]
Idaho Code § 46-804 — Idaho Code / Title 46 / Chapter 8 / Section 46-804
46-804 MILITARY DIVISION RULES.
Status: in_force

46-804. Military division rules. The military division shall be authorized to promulgate, implement and enforce rules for the administration of the military division and to implement the requirements of this title. The adjutant general shall be responsible for the enforcement of all rules adopted by the military division. All rulemaking proceedings and hearings of the military division shall be governed by the provisions of chapter 52, title 67, Idaho Code.

History:

[46-804, added 2008, ch. 125, sec. 1, p. 346.]
Idaho Code § 46-914 — Idaho Code / Title 46 / Chapter 9 / Section 46-914
46-914 IDAHO TIME SENSITIVE EMERGENCY SYSTEM OF CARE — STATEMENT OF INTENT.
Status: in_force

46-914. IDAHO TIME SENSITIVE EMERGENCY SYSTEM OF CARE — STATEMENT OF INTENT. Time sensitive emergencies, specifically blunt trauma injuries, strokes and heart attacks, were three (3) of the top five (5) causes of death in Idaho in 2011. Numerous studies throughout the United States have demonstrated that organized systems of care improve patient outcomes, thus reducing the frequency of preventable death and improving the functional status of the patient. The institute of medicine's report "Hospital-Based Emergency Care: At the Breaking Point" recommended improving the care of critical illness through regionalization by transporting critically ill patients to designated specialized care centers when appropriate. Early treatment and transfer when necessary will save the lives of Idahoans stricken with these emergency conditions. Trauma systems of care are well understood as they have existed in many other states for decades. It is the intent of the legislature, in sections 46-914 through 46-922, Idaho Code, to create an integrated and responsive system of care for Idaho citizens. The trauma component will serve as the initial framework in a deliberate, incremental implementation approach for a comprehensive system of care for time sensitive emergencies in Idaho. The time sensitive emergency system in Idaho is intended to be voluntary and inclusive. The system will be designed such that all facilities, and in particular critical access hospitals, have the opportunity to participate. No facility shall be excluded from receiving medically appropriate patients based solely on the facility's decision of not seeking designation.

History:

[(46-914) 56-1024, added 2014, ch. 147, sec. 1, p. 403; am. and redesig. 2025, ch. 94, sec. 10, p. 456.]
Idaho Code § 46-1018 — Idaho Code / Title 46 / Chapter 10 / Section 46-1018
46-1018 INTERSTATE MUTUAL AID COMPACT.
Status: in_force

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 as follows:

INTERSTATE MUTUAL AID COMPACT

Article I

The purpose of this compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster that overextends the ability of local and state governments to reduce, counteract, or remove the danger. Assistance may include but is not limited to rescue, fire, police, medical, communication, and transportation services and facilities to cope with problems which require use of special equipment, trained personnel, or personnel in large numbers not locally available.

Article II

Article I, Section 10, of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of 50 U.S.C. 2281(g) and 2283 and the executive branch, by issuance of Executive Order No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster, and civil defense mutual aid agreements or pacts.

Article III

It is agreed by participating states that the following conditions will guide implementation of the compact:

(1) Participating states through their designated officials are authorized to request and receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency and other resources are not immediately available.

(2) Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it must be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, and personnel or other resources needed. Each request must be signed by an authorized official.

(3) Personnel and equipment of the aiding state made available to the requesting state shall, whenever possible, remain under the control and direction of the aiding state. The activities of personnel and equipment of the aiding state must be coordinated by the requesting state.

(4) An aiding state has the right to withdraw some or all of its personnel and equipment whenever the personnel and equipment are needed by that state. Notice of intention to withdraw should be communicated to the requesting state as soon as possible.

Article IV

(1) The requesting state shall reimburse the aiding state as soon as possible after the receipt by the requesting state of an itemized voucher requesting reimbursement of costs.

(2) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.

(3) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for the cost of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives if such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement and such payments are made in the same manner and on the same terms as if the injury or death were sustained within the aiding state.

Article V

(1) All privileges and immunities from liability, exemptions from law, ordinances, and rules and all pension, disability relief, workers' compensation, and other benefits that apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this compact.

(2) All privileges and immunities from liability, exemptions from law, ordinances, and rules and workers' compensation and other benefits that apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits apply to the same extent while performing their functions extraterritorially under the provisions of this compact. Volunteers may include but are not limited to physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.

(3) The signatory states, their political subdivisions, municipal or public corporations, and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other states with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.

(4) Nothing of this arrangement may be construed as repealing or impairing any existing interstate mutual aid agreements.

(5) Upon enactment of this compact by two (2) or more states, and annually by each January 1 thereafter, the participating states will exchange with each other the names of officials designated to request and provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it is permissible and desirable for the states to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.

(6) This compact becomes effective and is binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact becomes effective and binding as to any other state upon similar action by such state.

(7) This compact remains binding upon a party state until it enacts a law repealing the compact and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal may not take effect until the 30th consecutive day after the notice has been sent. Such withdrawal does not relieve the withdrawing state from its obligations assumed under this compact prior to the effective date of withdrawal.

History:

[46-1018, added 1986, ch. 107, sec. 2, p. 295.]
Idaho Code § 46-406 — Idaho Code / Title 46 / Chapter 4 / Section 46-406
46-406 EXEMPTION FROM JURY DUTY.
Status: in_force

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 enlistment or commission. No member of the national guard of this state shall be required to serve on any posse comitatus.

History:

[(46-406) 1927, ch. 261, sec. 56, p. 510; I.C.A., sec. 45-406; am. 1978, ch. 54, sec. 5, p. 103.]
Idaho Code § 46-725 — Idaho Code / Title 46 / Chapter 7 / Section 46-725
46-725 AVAILABILITY OF ARMORY FOR EMERGENCY AND DISASTER RELIEF PURPOSES.
Status: in_force

46-725. Availability of armory for emergency and disaster relief purposes. When the governor shall declare an emergency within any county which has an armory constructed under the provisions of this act, the governor may declare, subject to the provisions of the National Defense Facilities Act of 1950, that such armory be made available immediately to the board of county commissioners of such county for emergency and disaster relief purposes.

History:

[46-725, added 1953, ch. 147, sec. 22, as added by 1955, ch. 52, sec. 1, p. 73.]
Idaho Code § 46-907 — Idaho Code / Title 46 / Chapter 9 / Section 46-907
46-907 AUTHORIZED ACTIONS.
Status: in_force

46-907. Authorized actions. Persons licensed under this chapter shall be authorized to perform such acts under written or oral authorization of a licensed physician as established by the division, including but not limited to administration of intravenous solutions and drugs, cardiac defibrillation, airway management, endotracheal intubation, community health emergency medical services and other patient care.

History:

[(46-907) (56-1013) 39-141, added 1996, ch. 26, sec. 4, p. 63; am. and redesig. 2001, ch. 110, sec. 6, p. 379; am. 2006, ch. 421, sec. 2, p. 1303; am. 2009, ch. 189, sec. 3, p. 614; am. 2015, ch. 157, sec. 4, p. 552; am. and redesig. 2025, ch. 94, sec. 5, p. 453.]
Idaho Code § 46-405 — Idaho Code / Title 46 / Chapter 4 / Section 46-405
46-405 EXEMPTION FROM TOLL IN PERFORMANCE OF DUTIES.
Status: in_force

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 with his conveyance and the military property of the state or of the United States, or both, in his charge, be allowed to pass free through all toll gates, and over all toll bridges, and ferries, if he is in uniform or if he presents an order for duty or a certificate from his commanding officer that he is a member of the Idaho national guard.

History:

[(46-405) 1927, ch. 261, sec. 55, p. 510; I.C.A., sec. 45-405.]
Idaho Code § 46-106 — Idaho Code / Title 46 / Chapter 1 / Section 46-106
46-106 ORGANIZED MILITIA — ORGANIZATION WHEN CALLED INTO ACTIVE SERVICE.
Status: in_force

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 equipped in such manner as the governor in his discretion shall deem proper. The officers thereof, shall be appointed and commissioned by the governor under such rules and regulations as he may deem expedient to promulgate.

History:

[(46-106) 1927, ch. 261, sec. 9, p. 510; I.C.A., sec. 45-106; am. 1957, ch. 174, sec. 5, p. 312.]
Idaho Code § 46-909 — Idaho Code / Title 46 / Chapter 9 / Section 46-909
46-909 FAILURE TO OBTAIN CONSENT.
Status: in_force

46-909. Failure to obtain consent. Notwithstanding the provisions of section 32-1015, Idaho Code, no person licensed under this chapter or physician or hospital licensed in this state shall be subject to civil liability based solely on failure to obtain consent in rendering emergency medical, surgical, hospital or health services to any individual regardless of age where that individual is unable to give this consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care; provided, however, that such person, physician, or hospital has acted in good faith and without knowledge of facts negating consent. The provision or refusal of consent under this chapter shall be governed by chapter 45, title 39, Idaho Code.

History:

[(46-909) (56-1015) 39-143, added 1976, ch. 187, sec. 4, p. 674; am. 1996, ch. 26, sec. 6, p. 61; am. and redesig. 2001, ch. 110, sec. 8, p. 373; am. 2005, ch. 120, sec. 7, p. 393; am. 2009, ch. 189, sec. 6, p. 616; am. and redesig. 2025, ch. 94, sec. 7, p. 454.]
Idaho Code § 46-226 — Idaho Code / Title 46 / Chapter 2 / Section 46-226
46-226 NONCOMPLIANCE OF EMPLOYER ENTITLING EMPLOYEE TO DAMAGES OR EQUITABLE RELIEF.
Status: in_force

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 equitable relief as may be just and proper under the circumstances.

History:

[46-226, added 1955, ch. 202, sec. 3, p. 434; am. 2022, ch. 144, sec. 8, p. 519.]
Idaho Code § 46-918 — Idaho Code / Title 46 / Chapter 9 / Section 46-918
46-918 IDAHO TIME SENSITIVE EMERGENCY SYSTEM — REGIONAL COMMITTEES — MEMBERSHIP — DUTIES.
Status: in_force

46-918. Idaho time sensitive emergency system — regional committees — MEMBERSHIP — DUTIES. (1) As required by this chapter, each substate region designated by the council shall have a time sensitive emergency committee.

(2) Membership of each regional TSE committee shall be based on the needs of the region and can be modified as the regional TSE committee determines, but each regional committee shall be initially comprised as follows:

(a) Each facility that is designated or is seeking designation by the council as a trauma center, stroke facility or heart attack facility may appoint one (1) representative for each of the designations that the facility holds or is seeking to hold to the regional committee for the region in which the facility is located;

(b) Each air medical EMS agency that provides patient transport within the region may appoint one (1) representative;

(c) Each hospital that either holds or is seeking Idaho trauma, stroke or heart attack designation may appoint the hospital administrator;

(d) Each EMS agency with a response area in the region may appoint one (1) representative; and

(e) The regional committee shall include a pediatrician or an expert in children's trauma.

(3) Members of a regional committee shall elect a chair to serve a term of two (2) years.

(4) The duties of each regional committee shall be as follows:

(a) Implement care guidelines, policies, procedures and protocols for the regional TSE system;

(b) Conduct regional quality improvement, including receipt of reports prepared by the council containing trauma, stroke and heart attack data and making recommendations to facilities within the region based upon those reports;

(c) Advise the council concerning the statewide system;

(d) Establish trauma, stroke and heart attack education and prevention programs;

(e) Provide advice concerning trauma, stroke and heart attack care to health care facilities and other providers of health care;

(f) Perform other duties required in law and council regulations; and

(g) Conduct other activities needed to ensure optimal delivery of trauma, stroke and heart attack care services within the region.

History:

[(46-918) 56-1030, added 2014, ch. 147, sec. 7, p. 406; am. and redesig. 2025, ch. 94, sec. 12, p. 458.]
Idaho Code § 46-212 — Idaho Code / Title 46 / Chapter 2 / Section 46-212
46-212 ENLISTED PERSONNEL — DISCHARGE PAPERS.
Status: in_force

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 issued thereunder: provided, that the provisions of this section shall not apply to the discharge of any member of the unorganized militia called into the active service of the state.

History:

[(46-212) 1927, ch. 261, sec. 36, p. 510; I.C.A., sec. 45-212; am. 1957, ch. 174, sec. 26, p. 312.]
Idaho Code § 46-201 — Idaho Code / Title 46 / Chapter 2 / Section 46-201
46-201 OFFICERS — WARRANT OFFICERS — ENLISTMENT OF PERSONNEL — POWER OF GOVERNOR.
Status: in_force

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 and air national guard of this state, as are authorized by the secretary of defense, under the national defense act and the rules and regulations promulgated thereunder.

History:

[(46-201) 1927, ch. 261, sec. 21, p. 510; I.C.A., sec. 45-201; am. 1957, ch. 174, sec. 15, p. 312.]
Idaho Code § 46-111 — Idaho Code / Title 46 / Chapter 1 / Section 46-111
46-111 ADJUTANT GENERAL.
Status: in_force

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 general of the military forces of the state and in addition to the duties delegated to him by law, he shall perform such other duties as prescribed by the governor as commander-in-chief. The adjutant general shall be commissioned in the national guard with the rank of not less than brigadier general. No person is eligible for appointment as adjutant general unless he is a federally recognized member of the national guard with current service of not less than six (6) years as a commissioned officer in the national guard of Idaho and has attained the rank of colonel or above.

History:

[(46-111) 1927, ch. 261, sec. 18, p. 510; am. 1931, ch. 186, sec. 1, p. 310; I.C.A., sec. 45-111; am. 1957, ch. 174, sec. 10, p. 312; am. 1987, ch. 330, sec. 1, p. 690; am. 2001, ch. 141, sec. 1, p. 507.]
Idaho Code § 46-1027 — Idaho Code / Title 46 / Chapter 10 / Section 46-1027
46-1027 MILITARY DIVISION — IDAHO OFFICE OF EMERGENCY MANAGEMENT — ADDITIONAL POWERS AND DUTIES.
Status: in_force

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 military division may:

(a) Through the Idaho office of emergency management, in accordance with the laws of the state, hire, fix the compensation and prescribe the powers and duties of such other individuals including consultants, emergency teams and committees as may be necessary to carry out the provisions of this section and section 46-1026, Idaho Code.

(b) Identify and implement ITR and specialty rescue teams that have appropriately trained personnel and necessary equipment to respond to technical rescue incidents and emergency disaster events. The military division shall enter into a written joint exercise of powers agreement with each entity or person providing equipment or services to a designated ITR or specialty rescue team. The teams shall be available and may respond to technical rescue incidents at the direction of the military division or its designee. When responding solely at the direction of the local incident commander, no cost recovery from the state of Idaho shall be available to ITR teams.

(c) Identify and implement an Idaho incident management and support team (IIMAST) that has appropriately trained personnel to the type 3 level and necessary equipment to respond to all hazard incidents. The military division shall enter into a joint exercise of powers agreement with each entity or person providing equipment or services to a designated IIMAST member. The teams shall be available and may respond to all hazard incidents at the direction of the military division or its designee. When responding solely at the direction of the local incident commander, no cost recovery from the state of Idaho shall be available to IIMAST teams.

(d) Contract with persons to meet state emergency response needs for the teams and response authorities.

(e) Advise, consult and cooperate with agencies of the state and federal government, other states and their state agencies, cities, counties, tribal governments and other persons concerned with technical, rescue and all hazard incident disasters.

(f) Encourage, participate in or conduct studies, investigations, training, research and demonstrations for and with Idaho technical rescue (ITR) teams, specialty rescue teams (SRT), Idaho incident management and support teams (IIMAST), local emergency response authorities and other interested persons.

(g) Collect and disseminate information relating to emergency response to technical rescue related events and all hazards incident disasters.

(h) Accept and administer loans, grants or other funds or gifts, conditional or otherwise, made to the state for emergency response activities provided for in this section and section 46-1026, Idaho Code.

(i) Submit an annual report prior to February 1 to the governor and to the legislature concerning emergency response to technical rescue related events and disasters.

(2) The military division through the Idaho office of emergency management shall have authority to promulgate rules and provide procedures to:

(a) Govern reimbursement of claims pursuant to this section when a disaster has been declared pursuant to chapter 10, title 46, Idaho Code.

(b) Provide for credentialing of Idaho technical rescue (ITR) teams, specialty rescue teams (SRT), and Idaho incident management and support teams (IIMAST) and for the identification and operation of all teams established pursuant to this section and section 46-1026, Idaho Code, and in accordance with the national incident management system, the national response framework and nationally recognized standards.

(c) Establish a credentialing program to review and evaluate new and existing local and regional technical rescue capabilities and provide recommendations for capability enhancement in accordance with the national incident management system, the national response framework and nationally recognized standards.

(3) Consistent with the provisions of subsections (4) and (5) of this section, the state of Idaho shall be liable for the acts or omissions of the Idaho technical rescue (ITR), specialty rescue teams (SRT) and Idaho incident management and support (IIMAST) teams responding to a technical rescue or all hazard incidents as a management team and the designating or requesting city or county shall be liable for the acts or omissions of a local emergency response authority responding to a technical rescue incident within its jurisdiction.

(4) Notwithstanding any other provision of law to the contrary, any Idaho technical rescue (ITR) team, speciality rescue team (SRT), Idaho incident management and support team (IIMAST), local emergency response authority or other person or group of persons who respond to a technical rescue incident or all hazard incidents as a management team at the request of an incident commander shall not be subject to civil liability for assistance or advice, except as provided in subsection (5) of this section.

(5) The exemption from civil liability provided in this section shall not apply to an act or omission that caused, in whole or in part, such technical rescue or all hazard incident management response to a person who may otherwise be liable therefor or any person who has acted in a grossly negligent, reckless or intentional manner.

(6) Nothing in this section shall be construed to abrogate the immunity granted to governmental entities pursuant to chapter 9, title 6, Idaho Code.

History:

[46-1027, added 2010, ch. 179, sec. 3, p. 368; am. 2016, ch. 118, sec. 19, p. 341.]
Idaho Code § 46-915 — Idaho Code / Title 46 / Chapter 9 / Section 46-915
46-915 IDAHO TIME SENSITIVE EMERGENCY SYSTEM — CREATION AND DEFINITIONS.
Status: in_force

46-915. IDAHO TIME SENSITIVE EMERGENCY SYSTEM — CREATION and definitions. (1) There is hereby created a voluntary time sensitive emergency system within the division.

(2) As used in sections 46-914 through 46-922, Idaho Code:

(a) "Confidential information" means information that may identify a patient, health care facility, or health care practitioner.

(b) "Contractor" means an individual, partnership, corporation, or other entity performing TSE registry services under a contractual agreement with the division.

(c) "Council" means the Idaho time sensitive emergency system council.

(d) "De-identified information" means records and information contained in the TSE registry, including compilations and analyses thereof, that do not contain information that might identify a patient, health care facility, or health care practitioner.

(e) "Heart attack" means a STEMI, which is a common name for an ST-elevation myocardial infarction, a more precise description of a type of heart attack that is caused by a prolonged period of blocked blood supply that affects a large area of the heart and has a substantial risk of death and disability calling for a quick response.

(f) "Hospital" has the same meaning as in 42 CFR.

(g) "Stroke" means an interruption of blood flow to the brain causing paralysis, slurred speech, or altered brain function usually caused by a blockage in a blood vessel that carries blood to the brain (ischemic stroke) or by a blood vessel bursting (hemorrhagic).

(h) "Trauma" means the result of an act or event that damages, harms, or hurts a human being resulting in intentional or unintentional damage to the body resulting from acute exposure to mechanical, thermal, electrical, or chemical energy or from the absence of such essentials as heat or oxygen.

(i) "TSE" means a time sensitive emergency, specifically trauma, stroke, or heart attack.

(j) "TSE registry" means the population-based data system that provides ongoing and systematic collection, analysis, interpretation, and dissemination of information related to trauma, stroke, and heart attack for system improvement, prevention, and research activities. Elements in the registry shall describe the nature and scope of the injury, illness, or health condition and identify the incidence and prevalence of traumatic injury, illness or health condition, severity of injury, performance of out-of-hospital and hospital emergency medical systems, patient outcomes, and the impact of trauma, stroke, and heart attack on the health care system.

(k) "TSE system" means the organized approach to treating injured patients that establishes and promotes standards for patient transportation, equipment, and information analysis for effective and coordinated TSE care. TSE systems represent a continuum of care that is fully integrated into the emergency medical services system and is a coordinated effort between out-of-hospital and hospital providers with the close cooperation of medical specialists in each phase of care. The focus is on prevention, coordination of acute care, and aggressive rehabilitation. Systems are designed to be inclusive of all patients with a TSE requiring acute care facilities, striving to meet the needs of the patient, regardless of the severity of injury, geographic location, or population density. A TSE system seeks to prevent injuries from happening and the reduction of death and disability when it does happen.

History:

[(46-915) 56-1026, added 2014, ch. 147, sec. 3, p. 403; am. and redesig. 2025, ch. 94, sec. 11, p. 457.]
Idaho Code § 46-401 — Idaho Code / Title 46 / Chapter 4 / Section 46-401
46-401 IMMUNITY FROM ARREST.
Status: in_force

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 attend for military duty.

History:

[(46-401) 1927, ch. 261, sec. 51, p. 510; I.C.A., sec. 45-401.]
Idaho Code § 46-709 — Idaho Code / Title 46 / Chapter 7 / Section 46-709
46-709 GENERAL POWERS AND DUTIES.
Status: in_force

46-709. General powers and duties. In carrying out the purposes of this act the adjutant general is authorized and directed:

(a) To require such reports, inspections and investigations, and prescribe such regulations as he deems necessary;

(b) To provide such methods of administration, to appoint and hire such personnel and take such other action as may be necessary to comply with the requirements of the federal act and the regulations thereunder; to furnish progress reports, certificates of completion, and other documents, data, and evidence required by the federal act, or regulations thereunder, and perform such other acts as are necessary to acquire and utilize federal funds from the National Guard Bureau or other appropriate federal agencies for the purpose of this act.

(c) To procure in his discretion the temporary and intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee for services basis and do not involve the performance of administrative duties;

(d) To the extent that he considers desirable to effectuate the purposes of this act, to enter into agreements for the utilization of the facilities and services of other departments of the state, other public or private agencies and institutions, and any county, city, town or village.

(e) To accept on behalf of the state and to deliver to the state treasurer for deposit in the armory construction fund any grant, gift or contribution made to assist in meeting the costs of carrying out the purposes of this act as herein provided; to accept on behalf of the state any grant, gift, bequest or other conveyance of real property made to assist in the carrying out of the purposes of this act.

(f) To make a annual report to the legislature on activities and expenditures pursuant to this act, including recommendations for such additional legislation as the adjutant general considers appropriate to furnish adequate armory facilities for the Idaho National Guard.

History:

[46-709, added 1953, ch. 147, sec. 4, p. 236; am. 1976, ch. 9, sec. 5, p. 27.]
Idaho Code § 46-504 — Idaho Code / Title 46 / Chapter 5 / Section 46-504
46-504 ELIGIBILITY FOR EMPLOYMENT — RESPONSIBILITY TO VERIFY COMPLIANCE.
Status: in_force

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, or a political subdivision of the state, including all boards and commissions, departments, agencies, institutions and instrumentalities.

(2) It shall be the duty of all officials having charge of and authority over hiring of employees by the state or political subdivisions of the state to assure themselves that applicants are in compliance with the federal military selective service act. The hiring authorities are authorized to develop the necessary form to allow the applicant to certify compliance with the selective service act.

History:

[46-504, added 1999, ch. 375, sec. 1, p. 1025.]
Idaho Code § 46-409 — Idaho Code / Title 46 / Chapter 4 / Section 46-409
46-409 THE MILITIA CIVIL RELIEF ACT.
Status: in_force

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 training under title 32 U.S.C., or ordered by competent federal authority into active federal service under title 10 U.S.C.

(b) "Be called or ordered by the governor" means to be called or ordered by the governor to state active duty or to duty other than for training under title 32 U.S.C.

(c) "Duty other than for training" means any state active duty or title 32 U.S.C. duty other than training upon the call or order of the governor, or active federal service under title 10 U.S.C. Duty other than for training does not include weekend drill, annual training (generally fifteen (15) days) as part of normal national guard service, and does not include attendance at military schools.

(d) "Employee" means any person employed by a public or private employer.

(e) "Servicemembers civil relief act (SCRA)" means the provisions of 50 U.S.C. App. section 3901 et seq., which protects active military service members.

(f) "State active duty" means any active duty performed by an active member of the national guard in accordance with this title when called or ordered by the governor.

(g) "Uniformed services employment and reemployment rights act of 1994 (USERRA)" means the provisions of 38 U.S.C. section 4301 et seq., which gives employees who leave a civilian job to perform military service the right to return to the civilian job held before entering military service with the rights to seniority, to purchase insurance coverage and purchase retirement credit.

(2) Whenever any active member of the national guard in time of war, armed conflict, or emergency proclaimed by a governor or by the president of the United States, shall be called or ordered by a governor to state active duty, or to duty other than for training pursuant to title 32 U.S.C., the provision as then in effect of the servicemembers civil relief act, 50 U.S.C. App. section 3901 et seq., and the uniformed services employment and reemployment rights act, 38 U.S.C. section 4301 et seq., shall apply.

(3) With reference to 50 U.S.C. App. section 4012, the adjutant general or his designee shall be responsible to execute certificates of service referred to therein.

History:

[46-409, added 2003, ch. 251, sec. 2, p. 650; am. 2004, ch. 59, sec. 1, p. 277; am. 2007, ch. 276, sec. 2, p. 806; am. 2016, ch. 122, sec. 1, p. 355.]
Idaho Code § 46-215 — Idaho Code / Title 46 / Chapter 2 / Section 46-215
46-215 ACCOUNTING FOR PROPERTY UPON DISCHARGE.
Status: in_force

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 receive a full and complete discharge from the national guard of this state: provided, that if a discharge for any enlisted person shall have been given before the return of or proper accounting for said property for which he or she is responsible, then said discharge shall be and is hereby declared null and void.

History:

[(46-215) 1927, ch. 261, sec. 40, p. 510; I.C.A., sec. 45-215; am. 1957, ch. 174, sec. 29, p. 312; am. 2022, ch. 144, sec. 5, p. 518.]
Idaho Code § 46-210 — Idaho Code / Title 46 / Chapter 2 / Section 46-210
46-210 ENLISTMENT — CONTRACT AND OATH.
Status: in_force

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.

History:

[(46-210) 1927, ch. 261, sec. 34,p. 510; I.C.A., sec. 45-210; am. 1957, ch. 174, sec. 24, p. 312.]
Idaho Code § 46-225 — Idaho Code / Title 46 / Chapter 2 / Section 46-225
46-225 VACATION, SICK LEAVE, BONUS, HEALTH INSURANCE AND ADVANCEMENT UNAFFECTED BY LEAVE OF ABSENCE.
Status: in_force

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 of his or her employment normally to be anticipated in his or her particular position. 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 also be entitled to their existing medical benefits for the first thirty (30) days of a deployment ordered or authorized under the provisions of the national defense act, and such entitlement shall not decrease any existing accrued leave balances.

History:

[46-225, added 1955, ch. 202, sec. 2, p. 434; am. 2006, ch. 172, sec. 1, p. 531; am. 2022, ch. 144, sec. 7, p. 519.]
Idaho Code § 46-104 — Idaho Code / Title 46 / Chapter 1 / Section 46-104
46-104 ENROLLMENT OF PERSONS LIABLE TO SERVICE — DUTY OF COUNTY ASSESSOR — PENALTY.
Status: in_force

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 resident in their respective counties and liable to serve in the militia. Such registration shall be on blanks furnished by the adjutant general, and shall state the name, residence, age and occupation of the person registered and their military service.

If any assessor wilfully refuses or neglects to perform any duty which may be required of him by the governor under the authority of this chapter, he shall be deemed guilty of a misdemeanor and, on conviction thereof, he shall be fined in a sum of not less than $300.00 nor more than $800.00.

History:

[(46-104) 1927, ch. 261, sec. 7, p. 510; I.C.A., sec. 45-104; am. 1957, ch. 174, sec. 3, p. 312.]
Idaho Code § 46-505 — Idaho Code / Title 46 / Chapter 5 / Section 46-505
46-505 EXCEPTIONS TO THE REQUIREMENTS OF THIS CHAPTER.
Status: in_force

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:

(1) The requirement for the person to so register has terminated or become inapplicable to the person; or

(2) The person is serving or has already served in the armed forces, or has a condition that would preclude acceptability for military service.

History:

[46-505, added 1999, ch. 375, sec. 1, p. 1026.]
Idaho Code § 46-1025 — Idaho Code / Title 46 / Chapter 10 / Section 46-1025
46-1025 FEDERAL FUNDS TO POLITICAL SUBDIVISIONS.
Status: in_force

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 chairmen. The summary shall list those federal funds that are eligible for direct assistance to local disaster agencies in accordance with section 46-1009(2), Idaho Code, and those funds that are limited to use by the state and not eligible for direct assistance to local disaster agencies.

(2) Not less than thirty-four percent (34%) of the eligible direct assistance funds shall be subgranted by the Idaho office of emergency management to the local disaster agencies. Funds shall be distributed to the local disaster agencies subject to the provisions and rules of the Idaho office of emergency management, the federal emergency management agency through the Robert T. Stafford Act, title 44 of the code of federal regulations, and pertinent circulars published by the United States office of management and budget.

(3) Direct financial assistance to the local disaster agencies is not an entitlement. Subgrants are awarded through the Idaho office of emergency management for the purpose of assisting counties to achieve goals and objectives outlined in an approved county grant proposal.

History:

[46-1025, added 2000, ch. 442, sec. 2, p. 1403; am. 2004, ch. 58, sec. 12, p. 276; am. 2016, ch. 118, sec. 18, p. 340.]
Idaho Code § 46-917 — Idaho Code / Title 46 / Chapter 9 / Section 46-917
46-917 IDAHO TIME SENSITIVE EMERGENCY SYSTEM — DESIGNATION AS IDAHO TRAUMA, STROKE, AND HEART ATTACK CENTERS.
Status: in_force

46-917. Idaho time sensitive emergency system — designation as Idaho trauma, stroke, and heart attack centers. (1) The council shall designate a hospital as a trauma, stroke, or heart attack center when such hospital, upon proper application and verification, has been found by the council to meet the applicable level of trauma, stroke, or heart attack center criteria as established by the council.

(2) In developing trauma, stroke, and heart attack center designation criteria, the council shall use, as is practicable, appropriate peer-reviewed or evidence-based research, including but not limited to the most recent guidelines of the American college of surgeons committee on trauma, the American college of cardiology, and the American heart association for heart attack centers, the joint commission's primary stroke center certification program criteria for stroke centers, or primary and comprehensive stroke center recommendations as published by the American stroke association or other nationally recognized authoritative standards.

(3) Designation criteria adopted by the council shall be publicly available.

(4) The council shall conduct a periodic verification review of every trauma, stroke, and heart attack facility. Verification reviews shall be coordinated for the different types of centers to the extent practicable with hospital resources. No person who has a substantial conflict of interest in the operation of any trauma, stroke, and heart attack center under review shall participate in the verification review of the facility.

(5) The council shall coordinate an on-site review as necessary to assure that a hospital meets the criteria for the desired designation. The council may waive an on-site review when a hospital has been verified by a nationally recognized accrediting body to meet or exceed standards established by the council.

(6) The council may deny, place on probation, suspend, or revoke any designation when it has reasonable cause to believe that there has been misrepresentation or falsification of information or a substantial failure to comply with the criteria for designation promulgated by the council. If the council has reasonable cause to believe that a hospital is not in compliance with such provisions, it may require the facility to submit additional documentation or undergo additional site reviews to verify compliance.

(7) No hospital may hold itself out to the public as an Idaho-designated trauma center, Idaho-designated stroke facility, or Idaho-designated heart attack facility unless it is designated as such by the council.

(8) A hospital aggrieved because of a council decision pursuant to this section shall be entitled to appeal as provided in section 46-910(4), Idaho Code. The opportunity for appeal as set forth in chapter 52, title 67, Idaho Code, shall follow if the council affirms its initial decision.

History:

[46-917, added 2025, ch. 94, sec. 2, p. 448.]
Idaho Code § 46-805 — Idaho Code / Title 46 / Chapter 8 / Section 46-805
46-805 YOUTH CHALLENGE PROGRAM.
Status: in_force

46-805. Youth challenge program.

(1) (a) There is hereby established the Idaho youth challenge program, a multiphased youth intervention program. The program will provide, among other things, a structured, disciplined residential phase of at least twenty-two (22) weeks focusing on education and practical life skills and a post-residential phase of at least twelve (12) months involving skilled and trained mentors supporting graduates and engaged in positive and durable placement of graduates. The youth challenge program shall be focused on assisting participants in achieving a high school diploma or obtaining a general equivalency diploma (GED) and helping to ensure that participants become productive members of society.

(b) The program shall be eligible to receive and expend any moneys provided to the program including, but not limited to, private contributions, federal funds and state alternative school funding. In the event that moneys for any fiscal year are inadequate to fund the youth challenge program, the program shall be discontinued. The decision to discontinue the program due to inadequate funding shall be made by the legislature and the governor in a joint letter provided to the adjutant general and signed by the governor, the president pro tempore of the senate and the speaker of the house of representatives.

(2) The youth challenge program shall be administered by the state adjutant general in conjunction with:

(a) The board of trustees of an appropriate school district of this state; or

(b) A governing board, the members of which shall be nominated by the adjutant general and appointed by the governor.

(3) The program and all program participants shall be governed by all applicable laws, regulations, and guidelines, including but not limited to 32 U.S.C. 509.

(4) (a) In order to be eligible to participate in the program, applicants shall:

(i) Be between the ages of sixteen (16) and eighteen (18) years on the first day of the residential phase. Applicants who are fifteen (15) years old and who will turn sixteen (16) years old during the residential phase may attend if approved by the program director, but such applicants must be enrolled in a high school credit recovery track to allow for their eventual return to high school;

(ii) Be a citizen or legal resident of the United States;

(iii) Be a resident of the state of Idaho;

(iv) Be physically and mentally capable to participate in the program in which enrolled with reasonable accommodation for physical and other disabilities;

(v) Receive a physical examination in conjunction with their enrollment into the program. Such examination must be sufficient to reach a conclusion as to the participant's ability to complete the program with reasonable accommodation only for physical and other disabilities. The examination may also include testing for substance abuse and pregnancy insofar as directed by department of defense instructions and insofar as such testing does not conflict with state law;

(vi) Be a high school dropout. A high school dropout is an individual who is no longer attending any school and who has not yet received a secondary school diploma or certificate from a program of equivalency for such diploma;

(vii) Be unemployed or underemployed at the time an application is submitted;

(viii) Not be currently on parole or probation for anything other than juvenile status offenses or misdemeanors;

(ix) Not be under indictment or charged with or convicted of a crime that is considered a felony when charged as an adult;

(x) Be free from use of illegal substances and the illegal use of substances; and

(xi) Meet any other criteria applicable to the program as established by federal law, regulation, or agency instruction.

(b) Applicants shall be selected for the program by the youth challenge program board of admissions. Such board shall be appointed by the adjutant general.

(5) The adjutant general is authorized to enter into contracts and to promulgate rules to implement the provisions of this section.

(6) The school district where the youth challenge program is located may take steps to have the youth challenge program be considered and designated as an alternative school.

History:

[46-805, added 2011, ch. 322, sec. 1, p. 938; am. 2012, ch. 234, sec. 1, p. 651; am. 2015, ch. 302, sec. 4, p. 1187; am. 2022, ch. 142, sec. 1, p. 513.]
Idaho Code § 46-502 — Idaho Code / Title 46 / Chapter 5 / Section 46-502
46-502 LEGISLATIVE FINDINGS.
Status: in_force

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, upon reaching their eighteenth birthday to register with the United States selective service system. The legislature further finds that federal statutes limit eligibility for federal student financial assistance and eligibility for employment within the executive branch of the federal government to persons who are in compliance with the requirements of the federal military selective service act.

History:

[46-502, added 1999, ch. 375, sec. 1, p. 1025.]
Idaho Code § 46-711 — Idaho Code / Title 46 / Chapter 7 / Section 46-711
46-711 SURVEY AND PLANNING ACTIVITIES.
Status: in_force

46-711. Survey and planning activities. The adjutant general is authorized and directed to make an inventory of existing armories, to survey the need for the construction of armories, and, on the basis of such inventory and survey, to develop a program for the construction of such armories as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate armories for the personnel of the Idaho National Guard.

History:

[46-711, added 1953, ch. 147, sec. 6, p. 236.]
Idaho Code § 46-211 — Idaho Code / Title 46 / Chapter 2 / Section 46-211
46-211 ENLISTMENT — PERIOD AND REQUIREMENTS — REENLISTMENT.
Status: in_force

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.

History:

[(46-211) 1927, ch. 261, sec. 35, p. 510; I.C.A., sec. 45-211; am. 1957, ch. 174, sec. 25, p. 312.]
Idaho Code § 46-727 — Idaho Code / Title 46 / Chapter 7 / Section 46-727
46-727 TITLE.
Status: in_force

46-727. Title. This act shall be known as the "Armory and Emergency Relief Facilities Act."

History:

[46-727, added 1953, ch. 147, sec. 24, as added by 1955, ch. 52, sec. 1, p. 73.]
Idaho Code § 46-205 — Idaho Code / Title 46 / Chapter 2 / Section 46-205
46-205 VACATION OF COMMISSION — DISCHARGE.
Status: in_force

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 provided by national guard regulations; pursuant to the sentence of a general court-martial after the approval thereof by the governor, imposing sentence of dismissal; or when an officer has been convicted in a civil court of any crime of the grade of felony; upon withdrawal of federal recognition by the secretary of the army or the secretary of the air force; provided, that a formal discharge shall not be given to any officer of the national guard until he or she shall have given a satisfactory clearance for all property belonging to the state or to the United States issued for the use in the military service by the national guard for which he or she is accountable or responsible, or both; and if discharge from the service of the national guard of the state shall be given before such satisfactory clearance for the responsibility of said property has been given, then such discharge shall be and is hereby declared null and void.

History:

[(46-205) 1927, ch. 261, sec. 27, p. 510; am. 1931, ch. 186, sec. 4, p. 310; I.C.A., sec. 45-205; am. 1939, ch. 50, sec. 3, p. 91; am. 1957, ch. 174, sec. 19, p. 312; am. 2022, ch. 144, sec. 3, p. 517.]
Idaho Code § 46-713 — Idaho Code / Title 46 / Chapter 7 / Section 46-713
46-713 CONSTRUCTION, EXPANSION AND REHABILITATION OF ARMORIES — SUPERVISION BY ADJUTANT GENERAL.
Status: in_force

46-713. Construction, expansion and rehabilitation of armories — Supervision by adjutant general. The adjutant general is authorized and empowered to provide or secure all plans and specifications for, to let all contracts for, and to have charge of and supervision of the construction, expansion, rehabilitation or conversion of any and all armories as provided in this act, and the powers and duties vested in the adjutant general herein are expressly exempted from the provisions of sections 57-1101 through 57-1107, and section 67-5711, Idaho Code. The adjutant general is also empowered to exercise the authorities set out in section 67-5711B, Idaho Code, with respect to emergencies for armories.

History:

[46-713, added 1953, ch. 147, sec. 8, p. 236; am. 1999, ch. 111, sec. 1, p. 339.]
Idaho Code § 46-404 — Idaho Code / Title 46 / Chapter 4 / Section 46-404
46-404 RIGHT OF WAY IN STREETS — PENALTIES.
Status: in_force

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 the right of way to said national guard: provided, that the carriage of United States mails, the legitimate functions of the police, and the progress and operations of hospitals, ambulances, fire engines, and fire departments shall not be interfered with thereby. All others who shall hinder, delay, or obstruct any portion of the national guard on active duty in the service of the state in the performance of any military duty or who shall attempt to do so, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1000.00) or by imprisonment for not less than three (3) months nor more than one (1) year, or both.

History:

[(46-404) 1927, ch. 261, sec. 54, p. 510; I.C.A., sec. 45-404.]
Idaho Code § 46-602 — Idaho Code / Title 46 / Chapter 6 / Section 46-602
46-602 PROCLAMATION OF MARTIAL LAW.
Status: in_force

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 proclamation declare the state, county, or city, or any specified portion thereof, to be in a state of insurrection and may declare martial law therein.

History:

[(46-602) 1927, ch. 261, sec. 4, p. 510; I.C.A., sec. 45-602; am. 1957, ch. 174, sec. 59, p. 312.]
Idaho Code § 46-107 — Idaho Code / Title 46 / Chapter 1 / Section 46-107
46-107 CONFORMITY OF THE NATIONAL GUARD TO FEDERAL LAW.
Status: in_force

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 prescribed and authorized by the national defense act and other laws of the United States and the regulations issued thereunder for the national guard.

History:

[(46-107) 1927, ch. 261, sec. 10, p. 510; I.C.A., sec. 45-107; am. 1939, ch. 50, sec. 1, p. 91; am. 1957, ch. 174, sec. 6, p. 312.]
Idaho Code § 46-1016 — Idaho Code / Title 46 / Chapter 10 / Section 46-1016
46-1016 LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH.
Status: in_force

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 been designated by proper authority for civil defense as a shelter from destructive operations or attacks by enemies of the United States shall be liable to any person for property damages, bodily injury or death resulting from or caused by the condition of said building or premises or as a result of any act or omission or in any way arising from the designation of such premises or buildings as a shelter when such person has entered or gone upon or into said building or premises for the purpose of seeking refuge therein during destructive operations or attacks by enemies of the United States or during tests ordered by lawful authority, except for acts of wilful negligence by the owner or occupant of such building or premises or other person responsible for the maintenance thereof, or by his servants, agents or employees.

History:

[46-1016, added 1975, ch. 212, sec. 2, p. 584.]
Idaho Code § 46-912 — Idaho Code / Title 46 / Chapter 9 / Section 46-912
46-912 RULES.
Status: in_force

46-912. Rules. Emergency medical service rules that are in effect on July 1, 2025, shall remain in effect as if promulgated by the division and may be amended as necessary by the division consistent with chapter 52, title 67, Idaho Code, subject to legislative approval. Provided however, any authority to promulgate rules under this chapter shall be null, void, and of no effect on and after July 1, 2027.

History:

[(46-912) (56-1023) (56-1017), 39-145, added 1976, ch. 187, sec. 6, p. 678; am. 1988, ch. 16, sec. 1, p. 19; am. 1996, ch. 26, sec. 8, p. 65; am. and redesig. 2001, ch. 110, sec. 10, p. 381; am. 2004, ch. 362, sec. 1, p. 1082; am. 2006, ch. 421, sec. 5, p. 1305; am. 2007, ch. 306, sec. 2, p. 858; am. and redesig. 2009, ch. 189, sec. 9, p. 618; am. and redesig. 2025, ch. 94, sec. 9, p. 456.]
Idaho Code § 46-1006 — Idaho Code / Title 46 / Chapter 10 / Section 46-1006
46-1006 POWERS AND DUTIES OF CHIEF AND OFFICE.
Status: in_force

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 coordinating officer and other professional, technical, secretarial and clerical employees necessary for the performance of its functions.

(2) The office shall prepare, maintain and update a state disaster plan based on the principle of self-help at each level of government. The plan may provide for:

(a) Prevention and minimization of injury and damage caused by disaster;

(b) Prompt and effective response to disaster;

(c) Emergency relief;

(d) Identification of areas particularly vulnerable to disasters;

(e) Assistance to local officials in designing local emergency action plans;

(f) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from disaster;

(g) Preparation and distribution to the appropriate state and local officials of catalogs of federal, state and private assistance programs;

(h) Assistance to local officials in designing plans for search, rescue, and recovery of persons lost, entrapped, victimized, or threatened by disaster;

(i) Organization of manpower and chains of command;

(j) Coordination of federal, state, and local disaster activities;

(k) Coordination of the state disaster plan with the disaster plans of the federal government.

(3) The office shall participate in the development and revision of local and intergovernmental disaster plans. To this end, it may employ or otherwise secure the services of professional and technical personnel to provide expert assistance to political subdivisions, their disaster agencies, and intergovernmental planning and disaster agencies. This personnel shall consult with subdivisions and agencies and shall make field examinations of the areas, circumstances, and conditions to which particular local and intergovernmental disaster plans are intended to apply.

(4) In preparing and maintaining the state disaster plan, the office shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic, and volunteer organizations and community leaders. In advising local and intergovernmental agencies, the office shall encourage them also to seek advice from these sources.

(5) The state disaster plan or any part thereof may be incorporated in rules of the office promulgated subject to chapter 52, title 67, Idaho Code.

(6) The office shall:

(a) Promulgate standards and criteria for local and intergovernmental disaster plans;

(b) Periodically review local and intergovernmental disaster plans;

(c) Assist political subdivisions, their disaster agencies, and intergovernmental disaster agencies to establish and operate training programs and programs of public information;

(d) Plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon;

(e) Prepare executive orders and proclamations for issuance by the governor, as necessary or appropriate in coping with disasters;

(f) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this act and in implementing programs for disaster prevention, preparation, response, and recovery;

(g) Maintain a register of search and rescue organizations, units, teams, or individuals operating within the state;

(h) Assist search and rescue units to accomplish standards for equipment, training and proficiency;

(i) Coordinate search and rescue of lost aircraft and airmen pursuant to section 21-114, Idaho Code, with aerial search operations coordinated by the Idaho transportation department, division of aeronautics;

(j) In addition to disaster prevention measures as included in the state, local, and intergovernmental disaster plans, the office shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. The governor from time to time may make recommendations to the legislature, local governments and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters; and

(k) Not limit the powers and duties of the department of transportation, division of aeronautics, as provided by sections 21-114 and 21-118, Idaho Code.

History:

[46-1006, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 58, sec. 7, p. 272; am. 2005, ch. 27, sec. 2, p. 136; am. 2016, ch. 118, sec. 10, p. 335.]
Idaho Code § 46-905 — Idaho Code / Title 46 / Chapter 9 / Section 46-905
46-905 USE AND DISTRIBUTION OF EMERGENCY MEDICAL SERVICES FUNDS — COUNTY ACCOUNTABILITY.
Status: in_force

46-905. use and distribution of emergency medical services funds — county accountability. (1) The division shall be responsible for distributing moneys, subject to legislative appropriation, from the emergency medical services vehicle and equipment grant fund created in section 57-830, Idaho Code, to qualifying nonprofit and governmental entities that submit an application for a grant from the fund. Grants from the fund may cover the cost of vehicles and equipment, training, licensing expenses, communication technology, dispatch services, and costs associated with assuring the performance of planned coverage and emergency response, including highway safety and emergency response to motor vehicle accidents.

(a) The division shall approve grants from the fund based on the following criteria:

(i) The applicant is a nonprofit or governmental entity that holds a current license as an ambulance or nontransport service issued by the division;

(ii) The applicant has demonstrated need based on criteria established by the division;

(iii) The applicant has provided verification that it has received the approval and endorsement of a fire district, city, or county within its service area;

(iv) The applicant has certified that the title to any vehicle purchased with funds from the fund shall be in the name of the fire district, city, or county that endorsed the application and shall submit proof of titling to the division as soon as practicable; and

(v) The state of Idaho shall retain a security interest in the vehicle to secure the performance of the grant recipient to utilize the vehicle consistent with the intent described in the application.

(b) Notwithstanding the requirements of paragraph (a)(iii) and (iv) of this subsection, the division is authorized to approve and issue a grant to an applicant in the absence of an endorsement if the endorsement is withheld without adequate justification.

(2) The division shall be responsible for distributing moneys, subject to legislative appropriation, from the emergency medical services fund created in section 57-829, Idaho Code. Moneys in the fund shall be used exclusively for costs associated with emergency medical services. However, if the legislature appropriates moneys to the fund for sustainability grants to cover personnel and operating costs associated with assuring the sustainability and availability of emergency medical services, applicants may only be approved by the division subject to the following criteria:

(a) The applicant is a nonprofit or governmental entity that holds a current emergency medical services agency license issued by the division that authorizes the agency as a 911 response agency;

(b) The application clearly defines the applicant's service area specific to 911 response;

(c) The applicant must certify, if it is eligible to bill for services, that it has billed health insurance carriers for at least eighty percent (80%) of eligible billable services it provided in the previous year. If the applicant is newly licensed and does not have twelve (12) months of historical billing information, the applicant must certify that it is currently billing and will continue to bill health insurance carriers for at least eighty percent (80%) of eligible services; and

(d) If the applicant fulfills the requirements of paragraphs (a), (b), and (c) of this subsection, the county in which the applicant provides 911 response services may, in its discretion, endorse the grant application of the requesting entity.

(3) The provision of emergency medical services is a government function. If the division approves applications for sustainability grants pursuant to subsection (2) of this section, counties are authorized and required to ensure that emergency medical services are reasonably available throughout the county.

(4) It is the intent of the legislature that counties that accept sustainability grants pursuant to subsection (2) of this section use a portion of the sustainability grant to implement or maintain community health EMS in the service area.

History:

[46-905, added 2025, ch. 94, sec. 2, p. 445; am. 2025, ch. 245, sec. 1, p. 1096.]
Idaho Code § 46-112 — Idaho Code / Title 46 / Chapter 1 / Section 46-112
46-112 DUTIES OF THE ADJUTANT GENERAL.
Status: in_force

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 control the national guard, as that term is defined in section 46-103, Idaho Code. The adjutant general is responsible to the governor for the execution and publication of all orders relating to the militia, organization, activation, reactivation, inactivation, and allocation of units, recruiting of personnel, public relations, discipline, and training of the national guard and those members of the militia inducted into the service of this state as provided in this chapter. The adjutant general shall act as military chief of staff to the governor and chief of all branches of the militia or agencies within the Idaho military division. The adjutant general may belong to the adjutants general association of the United States and to other organizations for the betterment of the national guard, subscribe to and obtain periodicals, literature, and magazines of such other organizations and pay dues and charges from moneys of this state appropriated for that purpose. Except for the authority expressly reserved for the governor under Idaho law, the adjutant general is responsible for emergency management pursuant to chapter 10, title 46, Idaho Code, and all emergency activities undertaken pursuant to chapter 10, title 46, Idaho Code, are subject to the approval of the adjutant general.

(2) The adjutant general, as the military chief of staff, will:

(a) Act as military advisor to the governor and perform, as the governor prescribes, military duties not otherwise designated by law;

(b) Adopt methods of administration for the national guard that are consistent with laws and regulations of the United States department of defense or any subdivision of the United States department of defense;

(c) Supervise and direct the organization, regulation, instruction, training, discipline, and other activities of the national guard;

(d) Attest and record all commissions issued by the governor and maintain a register of all commissioned personnel;

(e) Keep a record of all orders and regulations pertaining to the national guard and all other writings and papers relating to reports and returns of units comprising the national guard and militia, and act as custodian of all such orders, regulations, writings, papers, and returns;

(f) Superintend the preparation of returns, plans and estimates required by this state, by the department of the army, air force, navy and by the secretary of defense;

(g) Control the use of and care for, preserve and maintain all military property belonging to or issued to this state and pay from moneys appropriated by the state legislature, or allocated to the state from the federal government for these purposes, the necessary expenses for labor and material incurred in the repair of military property;

(h) Dispose of unserviceable military property belonging to this state, in accordance with applicable federal and state laws and regulations;

(i) Pay the members of the national guard when such members are to be paid from state funds, and ensure that the members of the national guard receive pay when such members are to be paid with funds allocated by the federal government;

(j) Be custodian of the seal of the office of adjutant general and deliver the same to his successor, and authenticate with the seal of the office of the adjutant general all orders and copies of orders issued by the adjutant general's office. An authenticated copy has the same force and effect as the original;

(k) Present to the governor before each regular session of the legislature, or as otherwise required, an estimate of the financial requirements for state moneys for operation of the department and the national guard during the next fiscal year, in accordance with section 67-3502, Idaho Code;

(l) Coordinate and plan the execution of state activities pertaining to the inauguration of the governor of the state of Idaho and other elected state executive officers; and

(m) Establish and administer, as in his or her judgment may be necessary and proper for military purposes, morale, welfare, and recreation programs or facilities for the benefit of the members of the Idaho military division and their lawful dependents. The adjutant general may promulgate rules to govern the operation of morale, welfare, and recreation programs or facilities. All proceeds derived from the operation of morale, welfare, and recreation programs or facilities within the state shall, after payment of operating expenses, notwithstanding any provision of Idaho law to the contrary, be used exclusively to benefit any morale, welfare, and recreation programs or facilities established pursuant to this section. Any sales of goods on a state reservation, state training facility, or state military installation under the jurisdiction of the adjutant general are exempt from payment of state sales taxes.

(3) The adjutant general, as head of the Idaho military division, will:

(a) Be the administrator of the division;

(b) Coordinate the functions of the division and offices of the division;

(c) Subject to Idaho law, appoint, suspend, demote, promote or dismiss employees of the division. The adjutant general may delegate this authority;

(d) Appoint an auditor for the division to conduct periodic financial and compliance audits of each office in the division and perform such other duties as prescribed by law. At least annually, the auditor shall audit accounts that are open for more than twelve (12) months. The auditor shall determine within the division compliance with purchase and bidding procedures prescribed by law;

(e) Adopt, with the approval of the governor, rules necessary for the operation of the Idaho military division;

(f) Establish and administer accounts for federal, state or other moneys made available to carry out the functions of the division;

(g) Establish, abolish or reorganize the positions or organizational structure within the Idaho military division, subject to legislative appropriation, if, in the adjutant general's judgment, the modification would make the operation of the division more efficient, effective or economical;

(h) Administer the Idaho youth challenge program in accordance with section 46-805, Idaho Code. In addition to moneys appropriated for the program, the adjutant general may accept and spend moneys from any other lawful public or private source; and

(i) Submit to the governor, the president of the senate and the speaker of the house of representatives annually by July 1 a report for the Idaho military division for the preceding fiscal year, including: the strength and condition of the national guard; the business transactions of the division; a detailed statement of expenditures for all military and civilian purposes; the disposition of all military and civilian property on hand or issued; a description of the activity of the Idaho youth challenge program; and a detailed statement of the national guard tuition incentive payments program pursuant to section 46-314, Idaho Code. The adjutant general will also submit any such similar returns and reports as may be required by federal laws and regulations.

(4) The adjutant general, subject only to applicable limitations prescribed under state law or rule, may:

(a) Enter into contracts with individuals, this state, political subdivisions of this state or the federal government and its agencies for the purchase, acquisition, rental or lease of lands, buildings or military material and take title in the name of this state for the establishment and maintenance of armories, subject to legislative appropriation for these purposes;

(b) Procure and contract for procurement of equipment and its issuance to members of the militia inducted into the service of this state;

(c) Enter into agreements and plans with the state universities, community colleges or any educational institution supported by federal or state moneys for promotion of the best interests of the national guard and military training of students of the institutions;

(d) Lease property acquired under this chapter for any public purpose for a period of one (1) year, which period is renewable;

(e) Convey for any public purpose in the name of this state easements on real property acquired under this chapter;

(f) Enter into contracts or agreements with the federal government that are deemed to be in the best interest of this state and the national guard;

(g) Delegate the powers and duties in this section; and

(h) Adopt methods of security for national guard personnel and for national guard reservations or facilities that are consistent with the laws, regulations or directives of the United States department of defense and the laws of this state.

History:

[46-112, added 2016, ch. 205, sec. 2, p. 575.]
Idaho Code § 46-1023 — Idaho Code / Title 46 / Chapter 10 / Section 46-1023
46-1023 ENFORCEMENT AND SANCTIONS.
Status: in_force

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 maintenance thereof may be abated by action of the state, any local unit of government of the state or any citizen thereof.

(2) If, after the effective date of this chapter, a local government allows any development in a floodplain below the flood protection elevation without adequate floodproofing, that development shall not, in the event of a disaster emergency involving flooding in that floodplain, be eligible to receive any matching funds from the state for any federal disaster assistance program which may be available as a result of said flooding in that floodplain. The owner of the development will be required to rely on flood insurance to insure their property against the risk of loss incurred by their development in the floodplain in contravention of the intent of this chapter.

History:

[46-1023, added 1998, ch. 301, sec. 1, p. 994.]
Idaho Code § 46-1021 — Idaho Code / Title 46 / Chapter 10 / Section 46-1021
46-1021 DEFINITIONS.
Status: in_force

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 improvements to buildings, structures, or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees.

(2) "Flood" means a general or temporary condition of partial or complete inundation of normally dry land areas caused by the overflow or rise of rivers, streams or lakes or the unusual and rapid accumulation or runoff of surface waters from any source.

(3) "Flood fringe" is that portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.

(4) "Floodplain" is the land that has been or may be covered by floodwaters or is surrounded by floodwater and inaccessible during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe.

(5) "Floodplain management" is the analysis and integration of the entire range of measures that can be used to prevent, reduce or mitigate flood damage in a given location and that can protect and preserve the natural, environmental, historical, and cultural values of the floodplain.

(6) "Floodproofing" means the modifications of structures and their sites, building contents, and water and sanitary facilities to keep water out or reduce the effects of water entry.

(7) "Flood protection elevation" means an elevation that shall correspond to the elevation of the one percent (1%) chance flood (one hundred (100) year flood), plus any increased flood elevation due to floodway encroachment, plus any required freeboard.

(8) "Floodway" is the channel of the river or stream and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood.

(9) "Freeboard" represents a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard shall compensate for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include but are not limited to ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and the sedimentation of a river or streambed.

(10) "Local government," in the context of this chapter, means any county or city having planning and zoning authority to regulate land use within its jurisdiction.

(11) "Mitigation" means any action taken that will reduce the impact, damage or cost of the next flood that occurs.

(12) "Person" means any individual, group of individuals, corporation, partnership, association, political subdivision, public or private agency or entity.

(13) "Regulatory flood" is a flood determined to be representative of large floods known to have occurred in Idaho and that may be expected to occur on a particular stream because of like physical characteristics. The regulatory flood is based on a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics in the watershed. In inland areas, the flood frequency of the regulatory flood is once in every one hundred (100) years; this means that in any given year there is a one percent (1%) chance that a regulatory flood may occur or be exceeded.

History:

[46-1021, added 1998, ch. 301, sec. 1, p. 993; am. 2010, ch. 141, sec. 1, p. 298; am. 2014, ch. 72, sec. 5, p. 187; am. 2024, ch. 179, sec. 1, p. 665.]
Idaho Code § 46-707 — Idaho Code / Title 46 / Chapter 7 / Section 46-707
46-707 DEFINITIONS.
Status: in_force

46-707. Definitions. As used in this act:

(a) "Adjutant general" means the adjutant general of the State of Idaho;

(b) "The Federal Act" means Public Law No. 783 of the 81st Congress, (64 Stat. 829-832), entitled "The National Defense Facilities Act."

(c)"National Guard Bureau" means the National Guard Bureau of the Department of the Army and National Guard Bureau of the Department of the Air Force.

(d) "Idaho Military Facility" means an armory, readiness center, building, storehouse or training facility under the control of the Idaho National Guard and/or Idaho Military Division.

(e) "Idaho National Guard" means the Idaho Army National Guard and the Idaho Air National Guard.

History:

[46-707, added 1953, ch. 147, sec. 2, p. 236; am. 1989, ch. 34, sec. 1, p. 44; am. 2017, ch. 30, sec. 1, p. 51.]
Idaho Code § 46-802 — Idaho Code / Title 46 / Chapter 8 / Section 46-802
46-802 UNORGANIZED ASSOCIATIONS PROHIBITED — PARADES PROHIBITED — EXCEPTIONS.
Status: in_force

46-802. Unorganized associations prohibited — Parades prohibited — Exceptions. No body of men, other than the regularly organized national guard, the unorganized militia when called into service of the state, or of the United States, and except such as are regularly recognized and provided for by the laws of the state of Idaho and of the United States, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state.

No city or town shall raise or appropriate any money toward arming or equipping, uniforming, or in any other way supporting, sustaining or providing drill rooms or armories for any such body of men; but associations wholly composed of soldiers honorably discharged from the service of the United States or members of the orders of Sons of Veterans, or of the Boy Scouts, may parade in public with firearms on Memorial Day or upon the reception of any regiment or companies of soldiers returning from such service, and for the purpose of escort duty at the burial of deceased soldiers; and students in educational institutions where military science is taught as a prescribed part of the course of instruction, may with the consent of the governor, drill and parade with firearms in public, under the superintendence of their teachers. This section shall not be construed to prevent any other organization authorized by law parading with firearms, nor to prevent parades by the national guard of any other state or territory.

History:

[(46-802) 1927, ch. 261, sec. 79, p. 510; 1931, ch. 186, sec. 7, p. 310; I.C.A., sec. 45-802; am. 2002, ch. 146, sec. 1, p. 419.]
Idaho Code § 46-402 — Idaho Code / Title 46 / Chapter 4 / Section 46-402
46-402 IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY.
Status: in_force

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 duty. When suit or proceedings shall be commenced in any court by any person against any officer of the national guard of this state, for any act done by such officer in his official capacity, in the discharge of any duty under this act; or against any person acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, the defendant may require the person prosecuting or instituting the suit or proceedings, to file security for the payment of costs that may be awarded to the defendant therein. In case the plaintiff shall be nonsuited or have a verdict or judgment rendered against him, the defendant shall recover treble costs.

History:

[(46-402) 1927, ch. 261, sec. 52, p. 510; I.C.A., sec. 45-402.]
Idaho Code § 46-803 — Idaho Code / Title 46 / Chapter 8 / Section 46-803
46-803 JURISDICTION OF COURTS AND BOARDS PRESUMED.
Status: in_force

46-803. Jurisdiction of courts and boards presumed. The jurisdiction of the courts and board established by this act shall be presumed and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any case or proceeding.

History:

[(46-803) 1927, ch. 261, sec. 81, p. 510; I.C.A., sec. 45-803.]
Idaho Code § 46-902 — Idaho Code / Title 46 / Chapter 9 / Section 46-902
46-902 LEGISLATIVE PURPOSE — CONSTRUCTION OF CHAPTER.
Status: in_force

46-902. legislative purpose — construction of chapter. (1) The purpose of this chapter is to recognize that the delivery of emergency medical services is critical to the life, health, and safety of Idahoans and to provide reasonable regulation of such services. Any regulations under this chapter shall be narrowly tailored, and all licensing requirements shall not be more restrictive than neighboring states or comparably situated states.

(2) To carry out this purpose, the provisions of section 54-1804, Idaho Code, shall not be construed as to prohibit or penalize emergency medical services rendered by a person authorized to render emergency medical services by this chapter if such emergency medical service is rendered under the responsible supervision and control of a physician licensed in Idaho.

History:

[(46-902) (56-1011) (39-139) 39-140, added 1976, ch. 187, sec. 1, p. 674; am. and redesig. 1996, ch. 26, sec. 2, p. 61; am. and redesig. 2001, ch. 110, sec. 4, p. 377; am. 2009, ch. 189, sec. 1, p. 611; am. 2010, ch. 79, sec. 34, p. 155; am. and redesig. 2025, ch. 94, sec. 3, p. 450.]
Idaho Code § 46-1008A — Idaho Code / Title 46 / Chapter 10 / Section 46-1008A
46-1008A EVACUATION ORDERS — VOLUNTARY NONCOMPLIANCE.
Status: in_force

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 not to evacuate pursuant to subsection (1) of this section shall:

(a) Accept all of the risks and liabilities of his decision not to evacuate; and

(b) Reimburse a governmental entity, or a nonprofit agency cooperating with a governmental entity, if such entity conducts a rescue on behalf of a person who previously chose not to evacuate despite being ordered or compelled to do so pursuant to the provisions of this chapter.

History:

[46-1008A, added 2025, ch. 26, sec. 1, p. 85.]
Idaho Code § 46-1005A — Idaho Code / Title 46 / Chapter 10 / Section 46-1005A
46-1005A DISASTER EMERGENCY ACCOUNT.
Status: in_force

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 obligations and expenses incurred by the state of Idaho arising out of a declared state of disaster emergency.

(2) In order to pay said obligations and expenses arising out of a declared state of disaster emergency the governor shall expend state money as follows:

(a) The governor shall use any moneys available in the disaster emergency account.

(b) In the event the disaster emergency account is inadequate to satisfy said obligations and expenses, the governor is empowered to direct, by executive order, the state controller to transfer moneys from the general fund, created pursuant to section 67-1205, Idaho Code, to the disaster emergency account, provided that in the governor's judgment sufficient general fund moneys will be available to support the full general fund appropriations for the current fiscal year.

(c) In addition to any purpose for which they have previously been created, all funds, excluding constitutionally created funds or funds limited in their application by the constitution of the state of Idaho, are hereby expressly declared to be appropriated for the purpose of effectuating the purposes of this act. If the moneys made available in paragraphs (a) and (b) of this subsection are inadequate to meet such obligations and expenses, the governor is empowered to direct the state controller, by executive order, to transfer to the disaster emergency account moneys from any eligible account in order to pay said obligations and expenses; provided, that in the governor's judgment, the moneys transferred are not required to support the current year's appropriation of the affected accounts.

(d) In the event that restitution is made to the state from nonstate sources to reimburse the state for costs incurred in responding to a state of disaster emergency, the governor may use funds from the restitution to reimburse accounts from which funds were drawn to pay for the state's response to the emergency.

(3) In addition to any other purpose for which they might have been appropriated, all moneys made available by this act to be used in the event of a disaster emergency are hereby perpetually appropriated for the purpose set forth in this section according to the limitations established by this section and the constitution of the state of Idaho. In no event may the revenues made available by subsection (2)(b) and (c) of this section for any and all emergency purposes exceed, during any fiscal year, one percent (1%) of the annual appropriation of general fund moneys for that fiscal year.

(4) The provisions of this section are hereby declared to be severable. If any provision of this section 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 remaining portions of this section.

History:

[46-1005A, added 1981, ch. 320, sec. 3, p. 668; am. 1988, ch. 279, sec. 1, p. 910; am. 1994, ch. 180, sec. 88, p. 486; am. 2021, ch. 225, sec. 1, p. 696.]
Idaho Code § 46-712 — Idaho Code / Title 46 / Chapter 7 / Section 46-712
46-712 CONSTRUCTION PROGRAM.
Status: in_force

46-712. Construction program. The construction program shall provide, in accordance with the regulations prescribed under the Federal Act, for adequate armory facilities for the Idaho National Guard and insofar as possible shall provide for their distribution throughout the state in such manner as to best serve the interests of the Idaho National Guard.

History:

[46-712, added 1953, ch. 147, sec. 7, p. 236.]
Idaho Code § 46-726 — Idaho Code / Title 46 / Chapter 7 / Section 46-726
46-726 REVERSION OF ARMORY TO SPECIFIED GOVERNMENT UNITS WHEN NOT REQUIRED FOR NATIONAL GUARD.
Status: in_force

46-726. Reversion of armory to specified government units when not required for national guard. Any jointly owned armory constructed under the provisions of this act and not required for the administration and training of the national guard shall revert to the control of the participating city or village, city or village and county, and county, subject to the provisions of the National Defense Facilities Act of 1950.

History:

[46-726, added 1953, ch. 147, sec. 23, as added by 1955, ch. 52, sec. 1, p. 73.]
Idaho Code § 46-1011 — Idaho Code / Title 46 / Chapter 10 / Section 46-1011
46-1011 LOCAL DISASTER EMERGENCIES.
Status: in_force

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 with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the local county recorder.

(2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or intergovernmental disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.

(3) No intergovernmental agency or official thereof may declare a local disaster emergency, unless expressly authorized by the agreement pursuant to which the agency functions. However, an intergovernmental disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions.

History:

[46-1011, added 1975, ch. 212, sec. 2, p. 584.]
Idaho Code § 46-301 — Idaho Code / Title 46 / Chapter 3 / Section 46-301
46-301 EQUIPMENT OF ORGANIZATIONS — COMMISSIONED OFFICERS.
Status: in_force

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 organization or detachment of the national guard of this state to which such property of the United States has been issued for use in military service shall keep said property in proper repair, in good condition, and is hereby charged with the proper custody and safekeeping thereof.

History:

[(46-301) 1927, ch. 261, sec. 41, p. 510; I.C.A., sec. 45-301; am. 1957, ch. 174, sec. 38, p. 312.]
Idaho Code § 46-1017 — Idaho Code / Title 46 / Chapter 10 / Section 46-1017
46-1017 IMMUNITY.
Status: in_force

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 or preparation for the same, or disaster or emergency relief activities, acting under proper authority, nor, except in cases of willful misconduct or gross negligence, any person, firm, corporation or entity under contract with them to provide equipment or work to be used in civil defense, disaster or emergency planning, preparation or relief, while complying with or attempting to comply with this act or any rule or regulation promulgated pursuant to the provisions of the act, shall be liable for the death of or any injury to persons or damage to property as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this act or under the worker's compensation law or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of congress.

History:

[46-1017, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 58, sec. 10, p. 276; am. 2016, ch. 118, sec. 17, p. 340.]
Idaho Code § 46-109 — Idaho Code / Title 46 / Chapter 1 / Section 46-109
46-109 GENERAL ORDERS — FORCE AND EFFECT AS STATUTES.
Status: in_force

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, and shall be announced in general orders, and shall be in accordance with federal laws and regulations pertaining to the national guard. Every order shall have the same force and effect as if specifically enacted and provided for by the statute.

History:

[(46-109) 1927, ch. 261, sec. 13, p. 510; I.C.A., sec. 45-109; am. 1957, ch. 174, sec. 8, p. 312.]
Idaho Code § 46-609 — Idaho Code / Title 46 / Chapter 6 / Section 46-609
46-609 OFFICERS AND ENLISTED PERSONNEL ON SPECIAL DUTY — COMPENSATION AND ALLOWANCES.
Status: in_force

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 (72) hours without the approval of the governor, or at the direction of the governor as commander-in-chief, with or without their consent. They shall receive the pay and allowances provided in section 46-605, Idaho Code, during the time they may continue upon duty under such order.

History:

[(46-609) 1927, ch. 261, sec. 32, p. 510; I.C.A., sec. 45-609; am. 1957, ch. 174, sec. 66, p. 312; am. 1998, ch. 98, sec. 1, p. 347; am. 2007, ch. 275, sec. 1, p. 805.]
Idaho Code § 46-719 — Idaho Code / Title 46 / Chapter 7 / Section 46-719
46-719 ARMORY CONSTRUCTION FUND.
Status: in_force

46-719. Armory construction fund. There is hereby created in the state treasury, a separate fund to be known as the "Armory Construction Fund," and all such moneys as may hereafter come into said fund are hereby appropriated for armory construction projects and to carry out the purposes and objects of this act. All funds received from the federal government, if such funds are payable directly to the state, and all other funds received from any source to carry out the purposes and objects of this act, shall be delivered to the state treasurer and by him deposited in said "Armory Construction Fund." All moneys paid into said "Armory Construction Fund," including federal moneys and state moneys appropriated thereto, shall be used solely for the construction of new armory facilities or the expansion, rehabilitation or conversion of existing facilities as provided in this act, and such moneys shall be paid out upon warrants drawn by the state controller upon presentation of proper vouchers showing the adjutant general's approval of such disbursements. Any appropriations made to the "Armory Construction Fund" are expressly exempted from the provisions of the Standard Appropriations Act of 1945, sections 67-3601—67-3614, Idaho Code, from the provisions of section 67-3509, Idaho Code, and from the provisions of sections 67-3516—67-3523, Idaho Code.

History:

[46-719, added 1953, ch. 147, sec. 14, p. 236; am. 1994, ch. 180, sec. 87, p. 485.]
Idaho Code § 46-1001 — Idaho Code / Title 46 / Chapter 10 / Section 46-1001
46-1001 SHORT TITLE.
Status: in_force

46-1001. Short title. This act shall be cited as the "Idaho Disaster Preparedness Act of 1975, amended by the Idaho Homeland Security Act of 2004."

History:

[46-1001, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 58, sec. 3, p. 271.]
Idaho Code § 46-705 — Idaho Code / Title 46 / Chapter 7 / Section 46-705
46-705 LEASES OF MILITARY PROPERTY — APPROVAL.
Status: in_force

46-705. Leases of military property — Approval. The adjutant general may execute a lease on any building, ground, or target range owned by the state, for a period of not to exceed five (5) years with renewal privileges thereon, at such rate of compensation as the adjutant general shall deem just and reasonable when said buildings, grounds or target ranges are not required for military purposes: provided, that said lease shall not become effective until the governor shall have approved the same: provided further, that any lease or license covering any building, grounds, or target range shall be revocable at the pleasure of the governor, and no action shall accrue against or liability be incurred by the state by reason of the revocation of such lease or license.

History:

[(46-705) 1927, ch. 261, sec. 86, p. 510; I.C.A., sec. 45-705; am. 1951, ch. 276, sec. 4, p. 583.]
Idaho Code § 46-1104 — Idaho Code / Title 46 / Chapter 11 / Section 46-1104
46-1104 REGULATORY AUTHORITY.
Status: in_force

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.

History:

[46-1104, added 2015, ch. 268, sec. 2, p. 1121.]
Idaho Code § 46-101 — Idaho Code / Title 46 / Chapter 1 / Section 46-101
46-101 NATIONAL DEFENSE ACT — DEFINITIONS.
Status: in_force

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 used in this code:

(a) "National guard" means the Idaho army national guard and the Idaho air national guard.

(b) "National defense act" means the federal law for making further and more effective provisions for the national defense and for other purposes approved June 3, 1916, (Title 32, United States Code) and any and all other acts that have been or may hereafter be enacted amendatory thereof and supplementary thereto.

(c) "Uniform code of military justice" means the law for the disciplining of the armed forces of the United States (Chapter 47, Title 10, United States Code).

(d) "Officer" means commissioned officers and warrant officers.

History:

[(46-101) 1927, ch. 261, sec. 1, p. 510; I.C.A., sec. 45-101; am. 1957, ch. 174, sec. 1, p. 312.]
Idaho Code § 46-723 — Idaho Code / Title 46 / Chapter 7 / Section 46-723
46-723 JOINT OWNERSHIP OF ARMORY.
Status: in_force

46-723. Joint ownership of armory. Any armory constructed under this act wherein funds have been provided by a city or village, city or village and county, and county shall be jointly owned by the state and the participating city or village, city or village and county, and county; provided the participating city or village, city or village and county, and county contributes ten per cent (10%) or more of the actual construction cost, exclusive of the cost or market value of any real estate concerned.

History:

[46-723, added 1953, ch. 147, sec. 20, as added by 1955, ch. 52, sec. 1, p. 73.]
Idaho Code § 46-1026 — Idaho Code / Title 46 / Chapter 10 / Section 46-1026
46-1026 DEFINITIONS.
Status: in_force

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 Code, organized with capabilities established under the federal emergency management agency national resource typing system in order to assist in the removal of trapped victims in emergency situations including, but not limited to, collapsed structures, confined spaces, trench excavations, elevated locations and other technical rescue situations.

(2) "Specialty rescue team (SRT)" means a specialized team, formed pursuant to this section and section 46-1027, Idaho Code, organized to provide technical rescue assistance to supplement and work under first responders and local incident commanders including, but not limited to, cave rescue, mine and tunnel rescue and vehicle/machinery extrication and swift water/flood teams. Such teams shall be aligned with one (1) or more of the categories within the federal emergency management agency's national resource typing system.

(3) "Idaho incident management and support teams (IIMAST)" means a type 3 incident management team, which is a multiagency/multijurisdiction team for extended incidents, formed and managed at the state, regional or metropolitan level deployed as a team of trained personnel to manage major and/or complex incidents requiring a significant number of local, regional and state resources and incidents that extend into multiple operational periods and require a written incident action plan (IAP) that may be utilized at all hazard type incidents. These teams may initially manage larger, more complex incidents prior to arrival of and transition to a type 2 or type 1 incident management team (IMT) under the direction of the agency having the jurisdiction.

(4) "Person" shall have the definition ascribed to it in section 46-1021, Idaho Code.

History:

[46-1026, added 2010, ch. 179, sec. 2, p. 367.]
Idaho Code § 46-901 — Idaho Code / Title 46 / Chapter 9 / Section 46-901
46-901 SHORT TITLE.
Status: in_force

46-901. short title. This chapter shall be known and may be cited as the "Emergency Medical Services Act."

History:

[46-901, added 2025, ch. 94, sec. 2, p. 444.]
Idaho Code § 46-708 — Idaho Code / Title 46 / Chapter 7 / Section 46-708
46-708 ADMINISTRATION.
Status: in_force

46-708. Administration. The adjutant general is hereby authorized to institute, establish and maintain a program of armory construction. The adjutant general shall constitute the sole agency of the state for the purpose of (1) making an inventory of existing armories, surveying the need for the construction of armories, and developing a program of armory construction as provided in this act, and (2) developing and administering a state plan for the construction of armories as provided in this act. Armory construction shall include construction of new facilities and expansion, rehabilitation or conversion of existing facilities.

History:

[46-708, added 1953, ch. 147, sec. 3, p. 236.]
Idaho Code § 46-922 — Idaho Code / Title 46 / Chapter 9 / Section 46-922
46-922 IDAHO TIME SENSITIVE EMERGENCY SYSTEM — TSE REGISTRY AND LIMITATION OF LIABILITY — EXCEPTIONS.
Status: in_force

46-922. Idaho time sensitive emergency system — tse registry and limitation of Liability — exceptions. (1) No action for damages arising from the disclosure of confidential information may be maintained against any reporting entities or employees of such entities that participate in good faith in the reporting of TSE registry data in accordance with this chapter.

(2) No license of a health care facility or health care practitioner may be denied, suspended or revoked for the good faith disclosure of confidential information in accordance with this chapter.

(3) The immunity granted in subsections (1) and (2) of this section shall not be construed to apply to the unauthorized disclosure of confidential information when such disclosure is due to gross negligence or willful misconduct of the reporting entities.

History:

[(46-922) 57-2007, added 2002, ch. 329, sec. 2, p. 931; am. 2014, ch. 147, sec. 15, p. 410; am. and redesig. 2025, ch. 94, sec. 14, p. 459.]
Idaho Code § 46-1009 — Idaho Code / Title 46 / Chapter 10 / Section 46-1009
46-1009 LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES.
Status: in_force

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) Each county shall maintain a disaster agency or participate in an intergovernmental disaster agency which, except as otherwise provided under this act, has jurisdiction over and serves the entire county, or shall have a liaison officer appointed by the county commissioners designated to facilitate the cooperation and protection of that subdivision in the work of disaster prevention, preparedness, response and recovery.

(3) The chairman of the board of county commissioners of each county in the state shall notify the office of the manner in which the county is providing or securing disaster planning and emergency services. The chairman shall identify the person who heads the agency or acts in the capacity of liaison from which the service is obtained, and furnish additional information relating thereto as the office requires.

(4) Each county and/or intergovernmental agency shall prepare and keep current a local or intergovernmental disaster emergency plan for its area.

(5) The county or intergovernmental disaster agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command.

History:

[46-1009, added 1975, ch. 212, sec. 2, p. 584; am. 2003, ch. 132, sec. 1, p. 385; am. 2004, ch. 373, sec. 2, p. 1115; am. 2005, ch. 27, sec. 3, p. 138; am. 2008, ch. 39, sec. 1, p. 93; am. 2016, ch. 118, sec. 12, p. 338.]
Idaho Code § 46-701 — Idaho Code / Title 46 / Chapter 7 / Section 46-701
46-701 EXPENSES OF ARMORIES AND OTHER FACILITIES FOR NATIONAL GUARD.
Status: in_force

46-701. Expenses of armories and other facilities for national guard. Armories, stables, storehouses, arsenals, depots, and other agencies and facilities for the use of the national guard shall be built by the state, repairs thereto, and the maintenance, and necessary expenses for heating, lighting, and for water, shall be paid by the state, except that the state pay only such part of such expense for water, heat, or light, as was incurred for military purposes: provided further, that no moneys of the state shall be expended for any of the purposes provided in this section unless the funds be from an appropriation made by the legislature for such specific purpose.

History:

[(46-701) 1927, ch. 261, sec. 82, p. 510; I.C.A., sec. 45-701.]
Idaho Code § 46-916 — Idaho Code / Title 46 / Chapter 9 / Section 46-916
46-916 IDAHO TIME SENSITIVE EMERGENCY SYSTEM — COUNCIL — COMPOSITION — DUTIES.
Status: in_force

46-916. Idaho time sensitive emergency system — council — composition — duties. (1) There is hereby created within the division the Idaho time sensitive emergency system council. Council members shall be appointed by and serve at the pleasure of the governor. Terms on the council shall be for four (4) years, and vacancies on the council for unexpired terms shall be filled by appointment by the governor for the remainder of the term. Council members shall be selected to assure geographic, rural, and clinical specialty representation.

(2) The membership of the council shall include the following:

(a) One (1) representative from a facility that either holds or is seeking designation as an Idaho trauma center. The representative shall be the medical director, the coordinator, or the program manager responsible for the respective facility's trauma program;

(b) One (1) representative from a facility that either holds or is seeking designation as an Idaho stroke facility. The representative shall be the medical director, the coordinator, or the program manager responsible for the respective facility's stroke program;

(c) One (1) representative from a facility that either holds or is seeking designation as an Idaho heart attack center. The representative shall be the medical director, the coordinator, or the program manager responsible for the respective facility's heart attack program;

(d) One (1) representative from an EMS agency licensed by the division that serves a primarily urban response area;

(e) One (1) representative from an EMS agency licensed by the division that serves a primarily rural response area;

(f) One (1) representative from an air medical EMS agency licensed by the division;

(g) One (1) administrator of an Idaho hospital that either holds or is seeking Idaho trauma, stroke, or heart attack designation;

(h) One (1) chief executive officer or administrator of an Idaho critical access hospital that either holds or is seeking Idaho trauma, stroke, or heart attack designation;

(i) One (1) licensed health care provider who routinely works in the emergency department of a hospital that serves a primarily urban area that either holds or is seeking Idaho trauma, stroke, or heart attack designation;

(j) One (1) licensed health care provider who routinely works in the emergency department of a hospital that serves a primarily rural area that either holds or is seeking Idaho trauma, stroke, or heart attack designation; and

(k) One (1) member of the public.

(3) The chair of each regional time sensitive committee established pursuant to section 46-918, Idaho Code, shall be added as a voting member of the council when the regional time sensitive emergency committee is implemented and the chair is selected.

(4) The governor shall appoint a chair who shall serve a term of two (2) years. The council may elect other officers as it may deem necessary and appropriate. The council shall meet at least semiannually and at the call of the chair.

(5) The duties of the council shall be as follows:

(a) Develop, implement, and monitor a voluntary statewide system that includes trauma, stroke, and heart attack facilities;

(b) Provide oversight of the system, assuring adherence to standards and regulations established by the council;

(c) Establish substate system regions that provide more effective access to the system. In the designation of these regions, specific consideration shall be given to geography and patient referral patterns for the facilities and agencies included therein;

(d) Establish a regional time sensitive emergency committee in each substate region;

(e) Develop the standards and criteria that each participating facility that voluntarily applies is required to meet concerning personnel, equipment, resources, data collection, and organizational capabilities to obtain or maintain designation;

(f) Develop procedures for and the duration of the designation of a trauma, stroke, or heart attack facility, including application procedures, verification procedures, investigation of complaints pertaining to designation, and emergency suspension or revocation of designation;

(g) Develop operational procedures for the regional time sensitive emergency committees;

(h) Facilitate the implementation of nationally accepted standards throughout the voluntary system;

(i) Set procedures for the acquisition of data needed to successfully manage the system; and

(j) Collaborate and cooperate with the division, the EMS medical director, local governments, and local EMS agencies and associations to address recruitment and retention concerns of local EMS providers.

History:

[46-916, added 2025, ch. 94, sec. 2, p. 447.]
Idaho Code § 46-715 — Idaho Code / Title 46 / Chapter 7 / Section 46-715
46-715 APPLICATION FOR FEDERAL FUNDS FOR SURVEY, PLANNING AND CONSTRUCTION — EXPENDITURE.
Status: in_force

46-715. Application for federal funds for survey, planning and construction — Expenditure. The adjutant general is authorized to make application to the National Guard Bureau for federal funds to assist in carrying out the survey, planning and construction activities herein provided. If any such federal funds are delivered to the state for disbursement, such funds shall be delivered to the state treasurer and by him deposited in the armory construction fund hereinafter created. Such funds are hereby appropriated to the adjutant general for expenditure for carrying out the survey, planning and construction activities. Any federal funds received and not expended for such purposes shall be refunded to the treasury of the United States.

History:

[46-715, added 1953, ch. 147, sec. 10, p. 236.]
Idaho Code § 46-718 — Idaho Code / Title 46 / Chapter 7 / Section 46-718
46-718 PRIORITY OF PROJECTS.
Status: in_force

46-718. Priority of projects. The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the Federal Act and provide for the construction, insofar as financial resources are available therefor and for maintenance and operations make possible, in the order of such relative need.

History:

[46-718, added 1953, ch. 147, sec. 13, p. 236.]
Idaho Code § 46-904 — Idaho Code / Title 46 / Chapter 9 / Section 46-904
46-904 EMERGENCY MEDICAL SERVICES — MEDICAL DIRECTOR.
Status: in_force

46-904. emergency medical services — medical director. (1) Consistent with provisions of this chapter, there is hereby established within the division an emergency medical services program. The adjutant general, as administrator of the division, shall supervise and administer the emergency medical services program and shall hire or cause to be hired the necessary personnel responsible for administering it. The responsibilities of the emergency medical services program shall include but are not limited to assisting qualified entities in providing first aid emergency medical services and providing transportation of the sick and injured. The division is authorized to establish regulations regarding the administration of emergency medical services, licensing, and certification in Idaho and to issue emergency medical services certifications, licenses, and permits.

(2) The division shall adopt standards concerning the administration of this chapter, including criteria for educational programs, certification and licensure of personnel, certification of EMS instructors, licensure of ambulance, air medical and nontransport services, manufacturing standards for ambulances and nontransport vehicles, criteria for the use of air medical services by licensed EMS personnel at emergency scenes, establishment of fees for training, inspections, and licensure, appropriate requirements for renewal of licensure of personnel and agencies, and the management of complaints, investigations, and license actions against licensed EMS personnel and agencies. Additionally, in consultation with the medical director, the division shall develop guidelines, standards, and procedures for reducing exposure to pathogens from human blood, tissue, or fluids. Such guidelines, standards, and procedures shall be made available to all law enforcement personnel, all emergency medical services personnel and agencies, and such other emergency personnel who request such information.

(3) By employment or contract, the division shall retain the services of a physician licensed in the state of Idaho with experience in emergency medicine to serve as medical director. The medical director shall not be the person hired by the adjutant general to administer the emergency medical services program. The medical director shall:

(a) Advise program leadership on standards for scope of practice and the required level of medical supervision by a physician for personnel and agencies licensed under this chapter;

(b) Advise program leadership on disciplinary actions against licensed personnel and agencies; and

(c) Carry out any other function assigned to him in law or at the request of program leadership.

History:

[46-904, added 2025, ch. 94, sec. 2, p. 444.]
Idaho Code § 46-717 — Idaho Code / Title 46 / Chapter 7 / Section 46-717
46-717 ARMORY USE, MAINTENANCE AND OPERATION.
Status: in_force

46-717. Armory use, maintenance and operation. All armories constructed with the use of federal funds under the provisions of this act shall be the property of the state of Idaho, and the adjutant general shall by regulation prescribe minimum standards for their maintenance, operation, and use. The adjutant general is authorized to permit use of such armories by public and private persons and organizations under such leases or other agreements as he shall deem appropriate, provided such use does not interfere with their use for the administration and training of the Idaho National Guard or conflict with the provisions of the Federal Act and regulations thereunder; provided, that any armory constructed with the use of Federal funds under the provisions of the Armory and Emergency Relief Facilities Act shall be jointly owned by the state of Idaho and the city or village, city or village and county, and county participating thereunder.

History:

[46-717, added 1953, ch. 147, sec. 12, p. 236; am. 1955, ch. 52, sec. 2, p. 73.]
Idaho Code § 46-203 — Idaho Code / Title 46 / Chapter 2 / Section 46-203
46-203 RANK OF OFFICERS.
Status: in_force

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.

History:

[(46-203) 1927, ch. 261, sec. 23, p. 510; I.C.A., sec. 45-203; am. 1957, ch. 174, sec. 17, p. 312.]
Idaho Code § 46-213 — Idaho Code / Title 46 / Chapter 2 / Section 46-213
46-213 ENLISTED PERSONNEL — TRANSFERS.
Status: in_force

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 air force. Transfers of enlisted persons and of noncommissioned officers may be made from one (1) organization to another or from one (1) arm of the service to another, when in the judgment of the adjutant general the interests of the service demand such transfers; provided, that commanders of regiments, groups, separate squadrons, or separate battalions in the active service of the state may make such transfers within their regiment, group, separate squadron, or separate battalion as they may deem advisable for the good of the service.

History:

[(46-213) 1927, ch. 261, sec. 37, p. 510; I.C.A., sec. 45-213; am. 1957, ch. 174, sec. 27, p. 312.]
Idaho Code § 46-806 — Idaho Code / Title 46 / Chapter 8 / Section 46-806
46-806 MILITARY DIVISION SUPPORT FUND.
Status: in_force

46-806. military division support fund. (1) There is hereby created in the state treasury the military division support fund. Moneys in the fund shall be invested as provided in section 67-1210, Idaho Code, and interest earned on investment of idle moneys in the fund shall be credited to the fund. Moneys in the fund shall be continually appropriated.

(2) The adjutant general, or his designee, is hereby authorized to also accept by devise, gift or otherwise and hold as trustee, for the benefit and use of the military division or any part thereof, any property, real or personal. The adjutant general, or his designee, shall be empowered to collect, receive and recover the rents, incomes and issues from the property; and to sell, divest, exchange or transact such property at fair market value; and to otherwise expend fund assets as provided by the terms of the devise or gift, or if not so provided, to expend them for the benefit and use of the military division.

(3) The board of examiners shall have oversight of this fund. The adjutant general shall provide a public annual report, due on the first day of July each year, to the board of examiners disclosing the financial status of the fund, listing all new gifts, bequests, donations and contributions during the prior year as well as all sales or disposals of properties or assets from the fund and every disbursement or other use of the fund.

(a) The board of examiners shall approve all gifts of real property before acceptance by the adjutant general.

(b) The board of examiners shall approve all gifts valued at two hundred fifty thousand dollars ($250,000) or more before acceptance by the adjutant general.

(c) The adjutant general may, on his or her own initiative, request review and approval by the board of examiners for any other gift prior to acceptance.

(4) The adjutant general may assign military division employees to manage the operation of the fund; and the adjutant general shall request the office of the attorney general to prepare any legal documents required under the provisions of this section.

History:

[46-806, added 2012, ch. 23, sec. 1, p. 77.]
Idaho Code § 46-1024 — Idaho Code / Title 46 / Chapter 10 / Section 46-1024
46-1024 SEVERABILITY.
Status: in_force

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 invalid provision or application, and to this end the provisions of the chapter are severable.

History:

[46-1024, added 1998, ch. 301, sec. 1, p. 995.]
Idaho Code § 46-903 — Idaho Code / Title 46 / Chapter 9 / Section 46-903
46-903 DEFINITIONS.
Status: in_force

46-903. Definitions. As used in this chapter:

(1) "Advanced emergency medical technician" means a person who has met the qualifications for licensure as set forth in this chapter, is licensed under this chapter, carries out the practice of emergency care within the scope of practice determined by the division, and practices under the supervision of an Idaho licensed physician.

(2) "Agency" means any organization licensed under this chapter that operates an air medical service, ambulance service or nontransport service.

(3) "Air ambulance" means any privately or publicly owned fixed wing aircraft or rotary wing aircraft used for, or intended to be used for, the transportation of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. This may include dual or multipurpose vehicles that otherwise comply with this chapter and applicable regulations.

(4) "Air medical service" means an agency licensed under this chapter that responds to requests for patient care and transportation from hospitals and EMS agencies using a fixed wing aircraft or rotary wing aircraft.

(5) "Ambulance service" means an agency licensed under this chapter operated with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport.

(6) "Applicant" means any organization that is requesting an agency license under this chapter and includes the following:

(a) An organization seeking a new license;

(b) An existing agency that intends to change the level of licensed personnel it utilizes;

(c) An existing agency that intends to change its geographic coverage area, except by agency annexation;

(d) An existing nontransport service that intends to provide ambulance service;

(e) An existing ambulance service that intends to discontinue transport and become a nontransport service.

(7) "Community emergency medical technician" or "community EMT" means an emergency medical technician or advanced emergency medical technician with additional standardized training who works within a designated community health emergency medical services program under local medical control as part of a community-based team of health and social services providers.

(8) "Community health emergency medical services" or "community health EMS" means the evaluation, advice or treatment of an eligible recipient outside of a hospital setting that is specifically requested for the purpose of preventing or improving a particular medical condition and that is provided by a licensed emergency medical services agency. Community health EMS involving or related to emergency response must be provided by or in coordination with the primary 911 response agency for that area.

(9) "Community paramedic" means a paramedic with additional standardized training who works within a designated community health emergency medical services program under local medical control as part of a community-based team of health and social services providers.

(10) "Division" means the Idaho military division of the office of the governor.

(11) "Eligible recipient" means an individual eligible to receive community health emergency medical services under this chapter and applicable state regulations or as determined by regulations of a local community health emergency medical services program.

(12) "Emergency medical responder" means a person who has met the qualifications for licensure as set forth in this chapter, is licensed under this chapter, carries out the practice of emergency care within the scope of practice determined by the division, and practices under the supervision of an Idaho licensed physician.

(13) "Emergency medical services" or "EMS" means aid rendered by an individual or group of individuals who do the following:

(a) Respond to a perceived need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury;

(b) Are prepared to provide interventions that are within the scope of practice as defined by the division;

(c) Use an alerting mechanism to initiate a response to requests for medical care; and

(d) Offer, advertise or attempt to respond as described in paragraphs (a) through (c) of this subsection.

(14) "Emergency medical technician" means a person who has met the qualifications for licensure as set forth in this chapter, is licensed under this chapter, carries out the practice of emergency care within the scope of practice determined by the division, and practices under the supervision of an Idaho licensed physician.

(15) "Licensed personnel" means those individuals who are emergency medical responders, emergency medical technicians, advanced emergency medical technicians and paramedics.

(16) "National emergency medical services information system technical assistance center" means an organization that validates software for compliance with the EMS data set defined by the United States department of transportation national highway traffic safety administration.

(17) "Nontransport service" means an agency licensed under this chapter, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons.

(18) "Paramedic" means a person who has met the qualifications for licensure as set forth in this chapter, is licensed under this chapter, carries out the practice of emergency care within the scope of practice determined by the division, and practices under the supervision of an Idaho licensed physician.

(19) "Supervision" means the medical direction by a licensed physician of activities provided by licensed personnel affiliated with a licensed ambulance, air medical or nontransport service, including but not limited to establishing standing orders and protocols, reviewing performance of licensed personnel, providing instructions for patient care via radio or telephone, and other oversight.

(20) "Transfer" means the transportation of a patient from one medical care facility to another.

History:

[(46-903) (56-1012) 39-140, added 1976, ch. 187, sec. 2, p. 675; am. 1980, ch. 145, sec. 7, p. 313; am. 1992, ch. 110, sec. 1, p. 339; am. 1993, ch. 50, sec. 1, p. 131; am. and redesig. 1996, ch. 26, sec. 3, p. 62; am. 1999, ch. 131, sec. 1, p. 376; am. 2001, ch. 110, sec. 5, p. 378; am. 2006, ch. 421, sec. 1, p. 1301; am. 2009, ch. 189, sec. 2, p. 611; am. 2014, ch. 86, sec. 1, p. 235; am. 2015, ch. 157, sec. 3, p. 550; am. 2019, ch. 26, sec. 31, p. 74; am. and redesig. 2025, ch. 94, sec. 4, p. 451.]
Idaho Code § 46-1005 — Idaho Code / Title 46 / Chapter 10 / Section 46-1005
46-1005 COORDINATING OFFICER — SELECTION.
Status: in_force

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 office, he or she shall receive no additional compensation.

History:

[46-1005, added 1975, ch. 212, sec. 2, p. 584; am. 2016, ch. 118, sec. 9, p. 335.]
Idaho Code § 46-314 — Idaho Code / Title 46 / Chapter 3 / Section 46-314
46-314 EDUCATIONAL ENCOURAGEMENT.
Status: in_force

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 one hundred percent (100%) of student registration fees or tuition for each semester for each member of the active Idaho national guard who attends a public or private institution of higher education in Idaho, a career technical education school, or a community college organized under the provisions of chapter 21, title 33, Idaho Code. To be eligible to receive benefits, an individual must be a member in good standing of the active Idaho national guard at the beginning of and throughout the entire semester for which benefits are received.

History:

[46-314, added 1974, ch. 134, sec. 1, p. 1338; am. 1977, ch. 37, sec. 1, p. 69; am. 1978, ch. 54, sec. 4, p. 103; am. 1998, ch. 294, sec. 1, p. 975; am. 2001, ch. 322, sec. 1, p. 1137; am. 2016, ch. 25, sec. 39, p. 56; am. 2017, ch. 29, sec. 1, p. 51.]
Idaho Code § 46-113 — Idaho Code / Title 46 / Chapter 1 / Section 46-113
46-113 ASSISTANT ADJUTANTS GENERAL.
Status: in_force

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 chief of staff to the adjutant general for all the Idaho army national guard forces. He shall perform such duties as are assigned to him by the adjutant general. No person shall be eligible for appointment as assistant adjutant general under this subsection unless he is a member of the Idaho army national guard with at least six (6) years service as commissioned officer therein and has attained the rank of major or above. He shall be a federally recognized officer and may hold the rank of brigadier general or such other rank as may hereafter be authorized by the table of organization for the army national guard.

(b) The other assistant adjutant general shall be appointed from the Idaho air national guard and may be chief of staff to the adjutant general for all the Idaho air national guard forces. He shall perform such duties as are assigned to him by the adjutant general. No person shall be eligible for appointment as assistant adjutant general under this subsection unless he is a member of the Idaho air national guard with at least six (6) years service as a commissioned officer therein and has attained the rank of major or above. He shall be a federally recognized officer and may hold the rank of brigadier general or such other rank as may hereafter be authorized by the tables of organization for the air national guard.

(c) In the event of the absence or inability of the adjutant general to perform his duties, he shall designate one (1) of the assistant adjutants general to perform the duties of his office as acting adjutant general. If neither assistant adjutant general is available, he may designate any national guard officer to be the acting adjutant general.

History:

[(46-113) 1927, ch. 261, sec. 20, p. 510; am. 1931, ch. 186, sec. 2, p. 310; I.C.A., sec. 45-113; am. 1939, ch. 50, sec. 2, p. 91; am. 1957, ch. 174, sec. 12, p. 312; am. 1978, ch. 54, sec. 1, p. 101; am. 1989, ch. 354, sec. 1, p. 896; am. 1998, ch. 116, sec. 1, p. 432.]
Idaho Code § 46-1002 — Idaho Code / Title 46 / Chapter 10 / Section 46-1002
46-1002 DEFINITIONS.
Status: in_force

46-1002. Definitions. As used in this act:

(1) "Adjutant general" means the administrative head of the military division of the office of the governor.

(2) "Disaster" means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including but not limited to fire, flood, earthquake, windstorm, wave action, volcanic activity, explosion, riot, or hostile military or paramilitary action and including acts of terrorism.

(3) "Emergency" means occurrence or imminent threat of a disaster or condition threatening life or property that requires state emergency assistance to supplement local efforts to save lives and protect property or to avert or lessen the threat of a disaster.

(4) "Political subdivision" means any county, city, district, or other unit of state or local government.

(5) "Militia" means all members of the Idaho army and air national guard in the service of the state.

(6) "Office" means the Idaho office of emergency management within the military division.

(7) "Search and rescue" means the employment, coordination, and utilization of available resources and personnel in locating, relieving distress and preserving life of, and removing survivors from the site of a disaster, emergency or hazard to a place of safety in case of lost, stranded, entrapped, or injured persons.

(8) "Disaster emergency account" means the account created under this act for the purpose of paying obligations and expenses incurred by the state of Idaho during a declared state of disaster emergency.

(9) "Bureau of hazardous materials" means the former bureau of hazardous materials, which is now a part of the Idaho office of emergency management in the military division of the office of the governor.

History:

[46-1002, added 1975, ch. 212, sec. 2, p. 584; am. 1981, ch. 320, sec. 1, p. 667; am. 1997, ch. 121, sec. 10, p. 365; am. 2004, ch. 58, sec. 4, p. 271; am. 2016, ch. 118, sec. 6, p. 334.]
Idaho Code § 46-1014 — Idaho Code / Title 46 / Chapter 10 / Section 46-1014
46-1014 MUTUAL AID.
Status: in_force

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 arrangements shall include provisions of aid by persons and units in public employ.

(2) In passing upon local disaster plans, the office shall consider whether they contain adequate provisions for the rendering and receipt of mutual aid.

History:

[46-1014, added 1975, ch. 212, sec. 2, p. 584; am. 2016, ch. 118, sec. 15, p. 340.]
Idaho Code § 46-403 — Idaho Code / Title 46 / Chapter 4 / Section 46-403
46-403 EQUIPMENT EXEMPT FROM CIVIL PROCESS.
Status: in_force

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 enlisted men of the national guard of this state, for use in the military service shall be exempt from all suits, distresses, executions, or sales for debt or payment of taxes.

History:

[(46-403) 1927, ch. 261, sec. 53, p. 510; I.C.A., sec. 45-403.]
Idaho Code § 46-920 — Idaho Code / Title 46 / Chapter 9 / Section 46-920
46-920 IDAHO TIME SENSITIVE EMERGENCY SYSTEM — PARTICIPATION IN TSE REGISTRY.
Status: in_force

46-920. Idaho time sensitive emergency system — Participation in tse registry. (1) Each licensed hospital in the state shall report each case of TSE that meets the inclusion criteria to the division or the authorized contractor of the division within one hundred eighty (180) days of treatment.

(2) Each report of TSE shall include information as defined by the division.

(3) The division or authorized contractor of the division shall have physical access to all records that would identify reportable cases or establish characteristics, treatment or medical status of reportable cases in the event that there has been a failure to report as delineated in subsections (1) and (2) of this section.

(4) Nothing in this chapter shall prevent the division or authorized contractor from identifying and reporting cases using data linkages with death records, other registries, and other potential sources.

History:

[(46-920) 57-2004, added 2002, ch. 329, sec. 2, p. 930; am. 2014, ch. 147, sec. 12, p. 409; am. and redesig. 2025, ch. 94, sec. 13, p. 458.]
Idaho Code § 46-1022 — Idaho Code / Title 46 / Chapter 10 / Section 46-1022
46-1022 LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES.
Status: in_force

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 management ordinance which identifies these floodplains and which requires, at a minimum, that any development in a floodplain must be constructed at a flood protection elevation and/or have adequate floodproofing. The local government may regulate all mapped and unmapped floodplains within its jurisdiction. Nothing in this act shall prohibit a local government from adopting more restrictive standards than those contained in this chapter. If not otherwise exempt from approval, a flood control district's conduct of a "flood fight," as defined in section 42-3103, Idaho Code, shall not require prior local government approval provided all such approvals are obtained within a reasonable time after the imminent flooding event has ended.

History:

[46-1022, added 1998, ch. 301, sec. 1, p. 994; am. 2010, ch. 141, sec. 2, p. 299; am. 2014, ch. 72, sec. 6, p. 188; am. 2024, ch. 179, sec. 2, p. 666.]
Idaho Code § 46-1020 — Idaho Code / Title 46 / Chapter 10 / Section 46-1020
46-1020 PURPOSE AND FINDINGS.
Status: in_force

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 hazards to life, health and property.

(b) That it is the policy of this state to reduce flood damage and the number of people and structures at risk in flood hazard areas through proper floodplain management, including such measures as floodplain zoning ordinances which require structures to be built at a flood protection elevation and/or with floodproofing.

(c) That local units of government have the primary responsibility for planning, adoption and enforcement of land use regulations to accomplish this proper floodplain management. Furthermore, they are best able to adopt and implement comprehensive floodplain management programs that include nonregulatory techniques to accomplish the purposes of this act in cooperation with federal, state and local agencies.

(2) The purpose of this act is:

(a) To protect human life, health and property;

(b) To preserve floodplains for the purpose of carrying and storing flood waters;

(c) To reduce the public cost of providing emergency services, flood control structures and rebuilding public works damaged by floods;

(d) To protect the tax base and jobs in Idaho;

(e) To reduce the threat of increased damage to existing development;

(f) To encourage the orderly development and wise use of floodplains;

(g) To minimize interruptions to business;

(h) To prevent increased flooding and erosion caused by improper development.

History:

[46-1020, added 1998, ch. 301, sec. 1, p. 992.]
Idaho Code § 46-407 — Idaho Code / Title 46 / Chapter 4 / Section 46-407
46-407 REEMPLOYMENT RIGHTS.
Status: in_force

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 such order to duty is employed by any employer other than the United States government, shall be entitled to reemployment as set forth in section 46-409, Idaho Code.

(b) If the member is still qualified to perform the duties of the position he held at the time of the order to duty, he shall be restored by the employer or the employer's successor in interest to that position or one of like seniority, status and pay. If the member is not qualified to perform the duties of such position by reason of disability sustained during the period of duty, but is qualified to perform the duties of any other positions in the employ of the employer, then the employer must offer the member that position which he is qualified to perform which is most similar to his former position in seniority, status and pay.

(c) Any person who is reemployed under this section shall not be discharged without cause within one (1) year after such reemployment.

(d) If any employer fails or refuses to comply with this section, the district court in the county in which the member was employed shall have the power, upon petition by the member, to compel the employer to comply with this section and to compensate the member for lost wages and benefits, for costs of the action, and for reasonable attorney's fees. The court shall order a speedy hearing in any such case and advance it on the calendar.

History:

[46-407, added 1984, ch. 139, sec. 1, p. 328; am. 2007, ch. 276, sec. 1, p. 805.]
Idaho Code § 46-1106 — Idaho Code / Title 46 / Chapter 11 / Section 46-1106
46-1106 SEVERABILITY.
Status: in_force

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 remaining portions of this act.

History:

[46-1106, added 2015, ch. 268, sec. 2, p. 1121.]
Idaho Code § 46-724 — Idaho Code / Title 46 / Chapter 7 / Section 46-724
46-724 ARMORIES CONSTRUCTED WITH USE OF FEDERAL FUNDS REGULATED BY ADJUTANT GENERAL — ARMORY ADVISORY COMMITTEE.
Status: in_force

46-724. Armories constructed with use of federal funds regulated by adjutant general — Armory advisory committee. All armories constructed with the use of federal funds under the provisions of this act shall be under the control of the adjutant general who shall by regulation prescribe minimum standards for their maintenance, operation and use. The adjutant general is authorized to permit the use of such armories by public and private persons and organizations under such leases or other agreements as he shall deem appropriate, provided such use does not interfere with their use for the administration and training of the Idaho National Guard, or conflict with the provisions of the National Defense Facilities Act of 1950 and the regulations thereunder. To assist the adjutant general to accomplish these purposes, the adjutant general may appoint an Armory Advisory Committee, consisting of one (1) representative each from the participating city or village, or city or village and county, and county, one (1) representative from the office of the adjutant general, and one (1) representative from the national guard unit, or units, occupying the armory. The Armory Advisory Committee shall advise and consult with the adjutant general in the use of said armory and shall assist him in the promulgation and adoption of rules and regulations governing the use of said armory by public and private persons and organizations.

History:

[46-724, added 1953, ch. 147, sec. 21, as added by 1955, ch. 52, sec. 1, p. 73.]
Idaho Code § 46-108 — Idaho Code / Title 46 / Chapter 1 / Section 46-108
46-108 PROPERTY AND FISCAL OFFICER.
Status: in_force

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.

History:

[(46-108) 1927, ch. 261, sec. 11, p. 510; I.C.A., sec. 45-108; am. 1957, ch. 174, sec. 7, p. 312.]
Idaho Code § 46-1101 — Idaho Code / Title 46 / Chapter 11 / Section 46-1101
46-1101 SHORT TITLE.
Status: in_force

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

History:

[46-1101, added 2015, ch. 268, sec. 2, p. 1078.]
Idaho Code § 46-204 — Idaho Code / Title 46 / Chapter 2 / Section 46-204
46-204 PROMOTION, WHEN EFFECTIVE.
Status: in_force

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 provisions of the national defense act.

History:

[(46-204) 1927, ch. 261, sec. 25, p. 510; I.C.A., sec. 45-204; am. 1957, ch. 174, sec. 18, p. 312.]
Idaho Code § 46-1015 — Idaho Code / Title 46 / Chapter 10 / Section 46-1015
46-1015 WEATHER MODIFICATION.
Status: in_force

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 modification operations, either by itself or in conjunction with other precipitation or climatic conditions or activity, would create or contribute to the severity of a disaster, it shall direct the officer or agency empowered to issue permits for weather modification operations to suspend the issuance of the permits. Thereupon, no permits may be issued until the office informs the officer or agency that the danger has passed.

History:

[46-1015, added 1975, ch. 212, sec. 2, p. 584; am. 2016, ch. 118, sec. 16, p. 340.]
Idaho Code § 46-224 — Idaho Code / Title 46 / Chapter 2 / Section 46-224
46-224 ENTITLED TO RESTORATION OF POSITION AFTER LEAVE OF ABSENCE FOR MILITARY TRAINING.
Status: in_force

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 training with the armed forces of the United States, not to exceed fifteen (15) days in any one (1) calendar year, leaves a position other than employment of a temporary nature in the employ of any employer, and who shall give evidence defining date of departure and date of return for purposes of military training ninety (90) days prior to the date of departure and who shall further give evidence of the satisfactory completion of such training immediately thereafter, and who is still qualified to perform the duties of such position shall be entitled to be restored to his or her previous or similar position with the same status, pay and seniority. Such seniority shall continue to accrue during such period of absence, and such period of absence for military training shall be construed as an absence without leave and within the discretion of the employer. Said leave may be with or without pay.

History:

[46-224, added 1955, ch. 202, sec. 1, p. 434; am. 2022, ch. 144, sec. 6, p. 518.]
Idaho Code § 46-110 — Idaho Code / Title 46 / Chapter 1 / Section 46-110
46-110 GOVERNOR AS COMMANDER-IN-CHIEF — FOREIGN TROOPS — RESTRICTIONS ON ENTRY INTO STATE.
Status: in_force

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 armed military force from another state, territory or district shall be permitted to enter the state of Idaho for the purpose of doing military duty therein, without the permission of the governor, unless such force has been called into active service of the United States, and is acting under authority of the president of the United States.

History:

[(46-110) 1927, ch. 261, sec. 14, p. 510; I.C.A., sec. 45-110; am. 1957, ch. 174, sec. 9, p. 312.]
Idaho Code § 46-206 — Idaho Code / Title 46 / Chapter 2 / Section 46-206
46-206 RETIREMENT — TIME OF SERVICE.
Status: in_force

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 the discretion of the adjutant general, any member may be advanced one (1) grade prior to retirement. Promotions under this section shall be honorary.

History:

[(46-206) 1927, ch. 261, sec. 30, p. 510; I.C.A., sec. 45-206; am. 1957, ch. 174, sec. 20, p. 312; am. 1978, ch. 54, sec. 2, p. 102; am. 2007, ch. 109, sec. 1, p. 315; am. 2008, ch. 27, sec. 10, p. 51.]
Idaho Code § 46-716 — Idaho Code / Title 46 / Chapter 7 / Section 46-716
46-716 STATE PLAN.
Status: in_force

46-716. State plan. The adjutant general shall prepare and submit to the National Guard Bureau a state plan which shall include the armory construction program developed under this act and which shall provide for the establishment, administration and operation of armory construction activities in accordance with the requirements of the Federal Act and the regulations thereunder. The adjutant general shall from time to time review the armory construction program and submit to the National Guard Bureau any modification thereof which he may find necessary and may submit to the National Guard Bureau such modification of the state plan, not inconsistent with the requirements of the Federal Act, as he may deem advisable.

History:

[46-716, added 1953, ch. 147, sec. 11, p. 236.]
Idaho Code § 46-1012 — Idaho Code / Title 46 / Chapter 10 / Section 46-1012
46-1012 COMPENSATION.
Status: in_force

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 successfully meet disaster emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. This act neither increases nor decreases these obligations but recognizes their existence under the constitution and statutes of this state. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized herein are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered his services or property without compensation.

(2) No personal services may be compensated by the state or any subdivision or agency thereof, except pursuant to statute or local law or ordinance.

(3) Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the governor or his representative.

(4) Any person claiming compensation for the use, damage, loss, or destruction of property under this act shall file a claim therefor with the office in the form and manner the office provides.

(5) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed upon between the claimant and the office, the amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to the condemnation laws of this state.

History:

[46-1012, added 1975, ch. 212, sec. 2, p. 584; am. 2016, ch. 118, sec. 13, p. 339.]
Idaho Code § 46-913 — Idaho Code / Title 46 / Chapter 9 / Section 46-913
46-913 PENALTIES FOR VIOLATIONS.
Status: in_force

46-913. penalties for violations. (1) Any person who practices or attempts to practice EMS as a licensed provider of emergency care as provided for in this chapter, without having at the time of violation a valid, unexpired, unrestricted, unrevoked, and unsuspended license issued by the division under this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more than six (6) months, or both, for each violation.

(2) Any person establishing, conducting, managing, or operating any agency as provided for in this chapter without a license issued by the division under this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months, or both. Each day of continuing violation shall constitute a separate offense.

History:

[46-913, added 2025, ch. 94, sec. 2, p. 447.]
Idaho Code § 46-503 — Idaho Code / Title 46 / Chapter 5 / Section 46-503
46-503 ELIGIBILITY FOR POSTSECONDARY EDUCATION AND FINANCIAL ASSISTANCE — RESPONSIBILITY TO VERIFY COMPLIANCE.
Status: in_force

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) A person may not receive a loan, grant, scholarship or other financial assistance for postsecondary education funded by state revenue, including federal funds or gifts and grants accepted by this state, or receive a student loan guaranteed by the state unless he is in compliance with the federal military selective service act.

(3) It shall be the duty of all officials having charge of and authority over state-supported institutions of postsecondary education and over the granting of state-supported financial assistance for postsecondary education to assure themselves that applicants are in compliance with the federal military selective service act. The institutions are authorized to develop the necessary form to allow the applicant to certify compliance with the selective service act.

History:

[46-503, added 1999, ch. 375, sec. 1, p. 1025.]
Idaho Code § 46-605 — Idaho Code / Title 46 / Chapter 6 / Section 46-605
46-605 PAY ON ACTIVE DUTY.
Status: in_force

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 warrant officers of like grade and length of service in the armed forces of the United States and they shall be entitled to the same allowances as enlisted personnel, officers and warrant officers of like grade and length of service in the armed forces of the United States. All payments of pay and allowances under this section shall be made by the adjutant general. No deductions shall be made from the pay of officers or enlisted personnel in active service of the state for dues or other financial obligations imposed by any bylaw, rules or regulations of a civil character. When lodging or meals, or both, cannot be provided by the state, the adjutant general may pay a per diem in addition to the pay and allowances. Nothing in this section shall preclude officers or enlisted personnel in active service of the state from accepting, in lieu of the pay entitlement provided above, greater pay and allowances that may be available from any other government department or agency through cooperative agreement or otherwise.

History:

[(46-605) 1927, ch. 261, sec. 71, p. 510; I.C.A., sec. 45-605; am. 1957, ch. 174, sec. 62, p. 312; am. 1974, ch. 135, sec. 1, p. 1339; am. 1996, ch. 411, sec. 1, p. 1372; am. 2003, ch. 70, sec. 1, p. 236; am. 2014, ch. 55, sec. 1, p. 133.]
Idaho Code § 46-1010 — Idaho Code / Title 46 / Chapter 10 / Section 46-1010
46-1010 INTERGOVERNMENTAL ARRANGEMENTS.
Status: in_force

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, prevention, response, and recovery.

(2) Nothing in subsection (1) hereof shall be construed to limit previous or future entry into the interstate civil defense and disaster compact of this state with other states.

(3) If any person holds a license, certificate, or other permit issued by any state or political subdivision thereof evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in this state to meet an emergency or disaster proclaimed by the governor, and this state shall give due recognition to the license, certificate, or other permit.

(4) All interstate mutual aid compacts and other interstate agreements dealing with disaster and emergency services shall be reviewed and updated at intervals not to exceed four (4) years.

(5) When considered of mutual benefit, the governor may, subject to limitations of law, enter into intergovernmental arrangements with neighboring provinces of Canada for the purpose of exchanging disaster and emergency services.

(6) Pursuant to an interstate agreement, personnel working for the state, its political subdivisions, municipal or public corporations, and other public agencies, may work outside the state to aid in disaster and emergency relief work; or equipment belonging to the state, its political subdivisions, municipal or public corporations, and other public agencies may be used outside the state to aid in disaster and emergency relief work. When state or local highway equipment or personnel are used in disaster relief work outside the state, arrangements shall be made, as necessary, to reimburse the state, its political subdivisions, municipal or public corporations, and other public agencies, for such work or equipment to comply with section 17, article 7 of the Idaho constitution, which provides that gasoline taxes and motor vehicle funds shall be used exclusively for the public highways of the state.

History:

[46-1010, added 1975, ch. 212, sec. 2, p. 584; am. 1986, ch. 107, sec. 1, p. 294.]
Idaho Code § 46-1105 — Idaho Code / Title 46 / Chapter 11 / Section 46-1105
46-1105 IMMUNITY.
Status: in_force

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 chapter.

History:

[46-1105, added 2015, ch. 268, sec. 2, p. 1121.]
Idaho Code § 46-607 — Idaho Code / Title 46 / Chapter 6 / Section 46-607
46-607 PAY ON ACTIVE DUTY — STATE LIABLE FOR EXPENSES AND CLAIMS.
Status: in_force

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 by law to make such demand on the military forces of the state in case of a state of extreme emergency, or threats thereof, or whenever called upon in aid of civil authorities, shall receive the same pay and allowances for such service as that prescribed in section 46-605, Idaho Code; and such compensation and the necessary expenses incurred in quartering, caring for, warning for duty, and transporting and subsisting the military personnel as well as the expense incurred for pay, care and subsistence of officers and enlisted personnel shall be paid by the state.

History:

[(46-607) 1927, ch. 261, sec. 73, p. 510; I.C.A., sec. 45-607; am. 1957, ch. 174, sec. 64, p. 312; am. 1999, ch. 118, sec. 2, p. 352.]
Idaho Code § 46-207 — Idaho Code / Title 46 / Chapter 2 / Section 46-207
46-207 RETIRING OFFICER RESPONSIBLE FOR STATE PROPERTY — STATUS PENDING SETTLEMENT OF ACCOUNTS.
Status: in_force

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, issued or entrusted to him or her by the adjutant general or the United States property and fiscal officer, or acquired by transfer, inventory, or purchase, from any state fund or from any annual allowance of state funds or acquired in any other manner, who may tender his or her resignation and whose accounts are not settled, may be relieved from active duty and held as a supernumerary officer pending settlement of his or her accounts; and when so relieved from active duty, the office in which he or she is so commissioned or to which he or she has been assigned shall be considered as vacated: provided, that a commissioned officer so held as a supernumerary officer shall be amenable to court-martial for military offenses to the same extent and in like manner as if upon the active list of officers.

History:

[(46-207) 1927, ch. 261, sec. 31, p. 510; I.C.A., sec. 45-207; am. 1957, ch. 174, sec. 21, p. 312; am. 2022, ch. 144, sec. 4, p. 518.]
Idaho Code § 46-501 — Idaho Code / Title 46 / Chapter 5 / Section 46-501
46-501 PURPOSE OF THE CHAPTER.
Status: in_force

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 financial assistance for postsecondary education and for employment with the executive branch of the federal government. The federal selective service registration awareness and compliance act requires persons subject to the provisions of the federal military selective service act to be in compliance with the requirements of that federal statute as a condition of eligibility for enrollment at a state-supported institution of postsecondary education, or for state-supported scholarships, programs of financial assistance funded by state revenue including federal funds, gifts or grants accepted by the state, or for employment by the state or any political subdivision.

History:

[46-501, added 1999, ch. 375, sec. 1, p. 1025.]
Idaho Code § 46-801 — Idaho Code / Title 46 / Chapter 8 / Section 46-801
46-801 STATE FLAG.
Status: in_force

46-801. State flag. A state flag for the state of Idaho is hereby adopted, the same to be as follows:

A silk flag, blue field, five (5) feet six (6) inches fly, and four (4) feet four (4) inches on pike, bordered with gilt fringe two and one-half (2 1/2) inches in width, with state seal of Idaho twenty-one (21) inches in diameter, in colors, in the center of a blue field. The words "State of Idaho" are embroidered in with block letters, two (2) inches in height on a red band three (3) inches in width by twenty-nine (29) inches in length, the band being in gold and placed about eight and one-half (8 1/2) inches from the lower border of fringe and parallel with the same.

History:

[(46-801) 1927, ch. 261, sec. 12, p. 510; I.C.A., sec. 45-801.]
Idaho Code § 46-1103 — Idaho Code / Title 46 / Chapter 11 / Section 46-1103
46-1103 ARREST.
Status: in_force

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 duty, his commanding officer in the rank of major or above is authorized to arrest or cause to be arrested such member and have him brought before the commanding officer at his unit or organization headquarters, whether such headquarters be located within or without the borders of the state. After such an arrest, the commanding officer is authorized to transport, or cause to be transported, such member to his appointed place of duty, whether within or without the borders of the state. Furthermore, if a commander, in the rank of major or above, finds that probable cause exists to believe that a minor offense has been committed by a member of his command, he may cause the member to be arrested and brought before him for the purpose of processing nonjudicial punishment under article 15 of the model state code of military justice as provided in section 46-1102, Idaho Code. If military personnel are not available for the purpose of making the arrest or if the officer ordering the arrest deems it advisable, he may issue a warrant to any sheriff or peace officer authorized to serve warrants of arrest, and such sheriff or peace officer shall serve such warrants of arrest immediately, whenever practicable, and make return thereof to the commanding officer issuing the warrant. Upon receipt of the notification of arrest, the commanding officer shall direct that the arrestee be retrieved and brought before him within a reasonable time. Warrants issued under this subsection shall be the equivalent of a misdemeanor warrant issued by a court of the state of Idaho.

(2) If any member of the Idaho military has had charges preferred against him under this chapter, and the convening authority to whom the charges have been forwarded has found that probable cause exists that the offense was committed by the accused and that the incarceration of the accused pending court-martial is required because of special circumstances found to exist which warrant such incarceration, then the convening authority is authorized to arrest such member or cause him to be arrested and have him confined pending trial. If military personnel are not available for the purpose of making the arrest, or if the convening authority deems it advisable, he may issue a warrant to any sheriff or peace officer authorized to serve such warrant in the same manner as other warrants of arrest, and said sheriff or peace officer shall effect the arrest and hold the accused in the county jail of the county in which the arrest is effected. Upon receipt of the notification of arrest, in accordance with the provisions of section 46-1102, Idaho Code, the commanding officer may direct that the arrestee be retrieved and brought before him within a reasonable time. Warrants issued under this subsection shall be the equivalent of a felony warrant issued by a court of the state of Idaho.

History:

[46-1103, added 2015, ch. 268, sec. 2, p. 1120.]
Idaho Code § 46-722 — Idaho Code / Title 46 / Chapter 7 / Section 46-722
46-722 ACQUISITION OF ARMORY SITES, AGREEMENTS FOR FEDERAL ASSISTANCE, SPECIAL FUND AND TAX LEVIES AUTHORIZED.
Status: in_force

46-722. Acquisition of armory sites, agreements for federal assistance, special fund and tax levies authorized. To accomplish the purpose set forth in this act, the governing body of any city or village, or city or village and county, and the board of county commissioners may:

(a) Purchase, receive by donation, or otherwise acquire, real property for armory sites, and armories, and convey and transfer such sites and armories to the state of Idaho in joint ownership; purchase, receive by donation, lease or otherwise acquire, personal property for use in armories and to transfer the same to the state of Idaho in joint ownership.

(b) Enter into agreements on behalf of the city or village, city or village and county, and county with the adjutant general of the state of Idaho, the Department of Defense and the Departments of Army and Air Force, for the purpose of securing federal funds for the construction, maintenance, repair, alteration and rehabilitation of armories.

(c) Establish a special fund for the purposes of this act, levy a special tax for such purposes, but no levy for the purposes of this act shall exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property in such city or village, or city or village and county, and county.

History:

[46-722, added 1953, ch. 147, sec. 19, as added by 1955, ch. 52, sec. 1, p. 73; am. 1995, ch. 82, sec. 20, p. 232.]