Idaho Code § 46-202 — Idaho Code / Title 46 / Chapter 2 / Section 46-202
46-202 COMMISSIONED OFFICERS — APPOINTMENT AND COMMISSION — OATH — TEMPORARY APPOINTMENTS.
Status: in_force

46-202. Commissioned officers — Appointment and commission — Oath — Temporary appointments. All commissioned officers shall be appointed by the governor as commander in chief and be commissioned according to the grade in the department, corps, or arm of the service in which they are appointed and shall be assigned to duty by the commander in chief. They shall take and subscribe to the following oath:

"I…. do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the state of Idaho against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey orders of the president of the United States and the governor of the state of Idaho, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of…. in the national guard of the state of Idaho upon which I am about to enter, so help me God."

The appointment of officers in the national guard shall be temporary until such appointees shall have been federally recognized under the provisions of the national defense act. Any officer so temporarily appointed as an officer of the national guard of this state is hereby authorized to exercise all powers of his or her office during the time said temporary appointment shall remain in force. Such temporary appointment shall expire upon written notice from the national guard bureau that federal recognition has been denied, and upon receipt of said notice, the governor is authorized and is hereby directed to discharge such temporary officer from the national guard; provided, that the provisions of this section shall not apply to officers of such forces of the organized and unorganized militias that may be called into active service of the state.

History:

[(46-202) 1927, ch. 261, sec. 22, p. 510; I.C.A., sec. 45-202; am. 1957, ch. 174, sec. 16, p. 312; am. 2022, ch. 144, sec. 2, p. 517.]
Idaho Code § 46-1003 — Idaho Code / Title 46 / Chapter 10 / Section 46-1003
46-1003 POLICY AND PURPOSES.
Status: in_force

46-1003. Policy and purposes. It is the policy of this state to plan and prepare for disasters and emergencies resulting from natural or man-made causes, enemy attack, terrorism, sabotage or other hostile action, and to implement this policy, it is found necessary:

(1) To create an Idaho office of emergency management, to authorize the creation of local organizations for disaster preparedness in the political subdivisions of the state, and to authorize the state and political subdivisions to execute agreements and to cooperate with the federal government and the governments of other states.

(2) To prevent and reduce damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action.

(3) To prepare assistance for prompt and efficient search, rescue, care, and treatment of persons injured, victimized or threatened by disaster.

(4) To provide for rapid and orderly restoration and rehabilitation of persons and property affected by disasters.

(5) To prescribe the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to and recovery from disasters.

(6) To authorize and encourage cooperation in disaster prevention, preparedness, response and recovery.

(7) To provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by all state agencies, political subdivisions, and interstate, federal-state and Canadian activities in which the state and its political subdivisions may participate.

(8) To provide a disaster management system embodying all aspects of predisaster preparedness and postdisaster response.

(9) To provide for the payment of obligations and expenses incurred by the state of Idaho through the Idaho office of emergency management during a declared state of disaster emergency.

History:

[46-1003, added 1975, ch. 212, sec. 2, p. 584; am. 1981, ch. 320, sec. 2, p. 667; am. 2004, ch. 58, sec. 5, p. 271; am. 2016, ch. 118, sec. 7, p. 334.]
Idaho Code § 46-911 — Idaho Code / Title 46 / Chapter 9 / Section 46-911
46-911 PERSONNEL AND AGENCIES LICENSURE ACTIONS — GROUNDS — PROCEDURE.
Status: in_force

46-911. personnel and agencies licensure actions — grounds — procedure. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the division, upon recommendation of the EMS medical director, may deny a license or refuse to renew a license for a person, or may suspend or revoke a license or may impose probationary conditions, if the holder of a license or the applicant for a license has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes but is not limited to:

(a) Obtaining a license by means of fraud, misrepresentation, or concealment of a material fact;

(b) Being found guilty of unprofessional conduct as defined by the division;

(c) Being convicted of a crime that would have a direct and adverse bearing on the licensee's ability to practice or perform emergency medical care competently;

(d) The unauthorized practice of medicine;

(e) Violating any provisions of this chapter or any regulations adopted under this chapter; and

(f) Being found mentally incompetent by a court of competent jurisdiction.

(2) Subject to the provisions of chapter 52, title 67, Idaho Code, the division may deny, revoke, or refuse to renew a license of an agency, or may impose probationary conditions or fines as a condition of an agency's ability to retain a license in accordance with regulations adopted by the division.

(3) A denial, refusal to renew, suspension, revocation, or imposition of probationary conditions on a license may be ordered by the division after opportunity for a hearing as provided in section 46-910(4), Idaho Code.

(4) An application for reinstatement may be filed with the division one (1) year from the date of license revocation. In the event a timely application is filed, the division, upon recommendation of the EMS medical director, may accept or reject the application for reinstatement. An opportunity for a hearing as provided in section 46-910(4), Idaho Code, shall follow any rejection under this subsection, and the opportunity for appeal as set forth in chapter 52, title 67, Idaho Code, shall follow if the division affirms its initial decision.

History:

[46-911, added 2025, ch. 94, sec. 2, p. 446.]
Idaho Code § 46-721 — Idaho Code / Title 46 / Chapter 7 / Section 46-721
46-721 DONATIONS FROM FUNDS OF SPECIFIED GOVERNMENT UNITS AUTHORIZED FOR CONSTRUCTION AND MAINTENANCE OF ARMORIES.
Status: in_force

46-721. Donations from funds of specified government units authorized for construction and maintenance of armories. Any city or village, city or village and county, and county may acquire, provide, and donate to the state of Idaho funds from its general fund and from its special fund created and established in section 46-722(c), and property, for the construction, maintenance, repair, alteration, and rehabilitation of armories and armory sites as prescribed by the Armory Construction Act (chapter 147 of the Session Laws of 1953).

History:

[46-721, added 1953, ch. 147, sec. 18, as added by 1955, ch. 52, sec. 1, p. 73.]
Idaho Code § 46-604 — Idaho Code / Title 46 / Chapter 6 / Section 46-604
46-604 COOPERATION OF MILITIA WITH CIVIL AUTHORITIES — CALLING OUT MILITARY FORCES.
Status: in_force

46-604. Cooperation of militia with civil authorities — Calling out military forces. When the national guard or the organized militia shall be ordered into the active service of the state during a state of extreme emergency, or for any other cause, the commanding officer of the military personnel shall cooperate with the civil officers to the fullest extent, consistent with the accomplishment of the object, for which the military personnel were called; the civil officials may express to the commander of the military personnel the general or specific object which the civil officials desire to accomplish, but the tactical direction of the military personnel, the kind and extent of force to be used, and the particular means to be employed to accomplish the object specified by the civil officers are left solely to the officers in charge of the military personnel. In case of any breach of the peace, tumult, riot, resistance to process of this state, or a state of extreme emergency, or imminent danger thereof, the sheriff of a county may call for aid upon the commander-in-chief of the national guard.

History:

[(46-604) 1927, ch. 261, sec. 87, p. 510; I.C.A., sec. 45-604; am. 1957, ch. 174, sec. 61, p. 312.]
Idaho Code § 46-1004 — Idaho Code / Title 46 / Chapter 10 / Section 46-1004
46-1004 IDAHO OFFICE OF EMERGENCY MANAGEMENT CREATED.
Status: in_force

46-1004. Idaho office of emergency management created. Within the military division of the office of governor, an Idaho office of emergency management is established.

History:

[46-1004, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 58, sec. 6, p. 272; am. 2016, ch. 118, sec. 8, p. 335.]
Idaho Code § 46-714 — Idaho Code / Title 46 / Chapter 7 / Section 46-714
46-714 APPROVAL OF BOARD OF EXAMINERS.
Status: in_force

46-714. Approval of board of examiners. Any contract with state matching funds in excess of the threshold amount specified for the requirement for formal bids in section 67-5711, Idaho Code, may not be let by the adjutant general until written approval of the same shall be given by the board of examiners.

History:

[46-714, added 1953, ch. 147, sec. 9, p. 236; am. 1999, ch. 109, sec. 1, p. 337; am. 2017, ch. 28, sec. 1, p. 50.]
Idaho Code § 46-1013 — Idaho Code / Title 46 / Chapter 10 / Section 46-1013
46-1013 COMMUNICATIONS.
Status: in_force

46-1013. Communications. The office shall ascertain what means exist for rapid and efficient communications in times of disaster emergencies. The office shall consider the desirability of supplementing these communication resources or of integrating them into a comprehensive state or state-federal telecommunications or other communication system or network. The office shall make recommendations to the governor as appropriate.

History:

[46-1013, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 58, sec. 9, p. 276; am. 2016, ch. 118, sec. 14, p. 339.]
Idaho Code § 46-1007 — Idaho Code / Title 46 / Chapter 10 / Section 46-1007
46-1007 LIMITATIONS.
Status: in_force

46-1007. Limitations. Nothing in this act shall be construed to:

(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;

(2) Interfere with dissemination of news or comment on public affairs;

(3) Affect the jurisdiction or responsibilities of police forces, fire fighting forces, local emergency medical service (EMS) agencies licensed by the Idaho military division, units of the armed forces of the United States, or of any personnel thereof, when on active duty; but state, local, and intergovernmental disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; or

(4) Limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in him under the constitution or statutes of this state independent of or in conjunction with any provisions of this act.

History:

[46-1007, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 373, sec. 1, p. 1114; am. 2025, ch. 94, sec. 27, p. 473.]
Idaho Code § 46-216 — Idaho Code / Title 46 / Chapter 2 / Section 46-216
46-216 LEAVE OF ABSENCE FROM REGULAR DUTIES FOR MILITARY DUTY.
Status: in_force

46-216. Leave of absence from regular duties for military duty. All officers and employees of the state of Idaho who are current members of the national guard or who are current reservists in the armed forces of the United States shall be entitled each calendar year to one hundred sixty (160) hours of military leave of absence from their respective duties without loss of pay, time, or efficiency rating during which they shall be engaged in military duty ordered or authorized under the provisions of law. State employees shall have the above-referenced one hundred sixty (160) hours of leave prorated proportionally to the number of hours in their regularly scheduled biweekly pay period. Administration of paid leave for military duty shall be consistent with the federal office of personnel management (OPM) definitions and pay administration guidance for similarly situated federal employees.

History:

[(46-216) 1927, ch. 261, sec. 34, p. 510; I.C.A., sec. 45-216; am. 1957, ch. 174, sec. 30, p. 312; am. 2006, ch. 171, sec. 1, p. 530; am. 2008, ch. 126, sec. 3, p. 347; am. 2009, ch. 44, sec. 1, p. 125; am. 2026, ch. 57, sec. 1, p. 251.]
Idaho Code § 46-103 — Idaho Code / Title 46 / Chapter 1 / Section 46-103
46-103 STATE MILITIA — DIVISION INTO CLASSES.
Status: in_force

46-103. State militia — Division into classes. The militia of the state of Idaho shall be divided into three (3) classes, to wit:

The national guard, the organized militia, and the unorganized militia. The national guard shall consist of enlisted personnel between the ages of seventeen (17) and sixty-four (64), organized and equipped and armed as provided in the national defense act, and of commissioned officers between the ages of eighteen (18)and sixty-four (64) years, who shall be appointed and commissioned by the governor as commander-in-chief, in conformity with the provisions of the national defense act, the rules and regulations promulgated thereunder, and as authorized by the provisions of this act. The organized militia shall include any portion of the unorganized militia called into service by the governor, and not federally recognized. The unorganized militia shall include all of the militia of the state of Idaho not included in the national guard or the organized militia.

History:

[(46-103) 1927, ch. 261, sec. 3, p. 510; I.C.A., sec. 45-103; am. 1957, ch. 174, sec. 2, p. 312.]