reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-707 - DEFINITIONS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-708 - ADMINISTRATION.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-709 - GENERAL POWERS AND DUTIES.

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[n] 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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-711 - SURVEY AND PLANNING ACTIVITIES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-712 - CONSTRUCTION PROGRAM.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-713 - CONSTRUCTION, EXPANSION AND REHABILITATION OF ARMORIES — SUPERVISION BY ADJUTANT GENERAL.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-714 - APPROVAL OF BOARD OF EXAMINERS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-715 - APPLICATION FOR FEDERAL FUNDS FOR SURVEY, PLANNING AND CONSTRUCTION — EXPENDITURE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-716 - STATE PLAN.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-717 - ARMORY USE, MAINTENANCE AND OPERATION.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-718 - PRIORITY OF PROJECTS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-719 - ARMORY CONSTRUCTION FUND.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-720 - AGREEMENTS NECESSARY TO COMPLY WITH UNITED STATES STATUTES FOR CONSTRUCTION OF ARMORIES AUTHORIZED.

46-720. AGREEMENTS NECESSARY TO COMPLY WITH UNITED STATES STATUTES FOR CONSTRUCTION OF ARMORIES AUTHORIZED. It is the sense of the legislature that the defense of the country and the general welfare of its people is the joint responsibility of the government of the United States and the several states thereof including the state of Idaho and its cities, villages and counties. In fulfilling this obligation and to promote volunteer organizations and to afford them effectual encouragement, it is necessary for the state of Idaho to provide the national guard with armories for training personnel and housing equipment. The state of Idaho desires to avail itself of the provisions of existing federal statutes, and any statutes that may be enacted hereafter relating to the construction of armories and to provide, in addition to military use, that such armories shall be available for use in event of emergencies or disasters and for community use. To permit cities and villages, cities or villages and counties, and counties to participate with the state of Idaho in the acquisition of armories and sites for armories, and to accomplish the purposes of this act, it is hereby found and declared necessary to authorize cities and villages, cities or villages and counties, and counties to levy taxes, to donate funds and property to the state of Idaho, and to enter into such agreements as may be necessary for the purpose of complying with the statutes of the United States relating to the construction of armories.
History:
[45-720, added 1953, ch. 147, sec. 17, as added by 1955, ch. 52, sec. 1, p. 73.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-721 - DONATIONS FROM FUNDS OF SPECIFIED GOVERNMENT UNITS AUTHORIZED FOR CONSTRUCTION AND MAINTENANCE OF ARMORIES.

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), [Idaho Code,] 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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-722 - ACQUISITION OF ARMORY SITES, AGREEMENTS FOR FEDERAL ASSISTANCE, SPECIAL FUND AND TAX LEVIES AUTHORIZED.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-723 - JOINT OWNERSHIP OF ARMORY.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-724 - ARMORIES CONSTRUCTED WITH USE OF FEDERAL FUNDS REGULATED BY ADJUTANT GENERAL — ARMORY ADVISORY COMMITTEE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-725 - AVAILABILITY OF ARMORY FOR EMERGENCY AND DISASTER RELIEF PURPOSES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-726 - REVERSION OF ARMORY TO SPECIFIED GOVERNMENT UNITS WHEN NOT REQUIRED FOR NATIONAL GUARD.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-727 - TITLE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 8 - MISCELLANEOUS AND GENERAL PROVISIONS › Section 46-801 - STATE FLAG.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 8 - MISCELLANEOUS AND GENERAL PROVISIONS › Section 46-802 - UNORGANIZED ASSOCIATIONS PROHIBITED — PARADES PROHIBITED — EXCEPTIONS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 8 - MISCELLANEOUS AND GENERAL PROVISIONS › Section 46-803 - JURISDICTION OF COURTS AND BOARDS PRESUMED.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 8 - MISCELLANEOUS AND GENERAL PROVISIONS › Section 46-804 - MILITARY DIVISION RULES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 8 - MISCELLANEOUS AND GENERAL PROVISIONS › Section 46-806 - MILITARY DIVISION SUPPORT FUND.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1001 - SHORT TITLE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1002 - DEFINITIONS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1003 - POLICY AND PURPOSES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1004 - IDAHO OFFICE OF EMERGENCY MANAGEMENT CREATED.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1005 - COORDINATING OFFICER — SELECTION.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1007 - LIMITATIONS.

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 state department of health and welfare EMS bureau, 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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1009 - LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1010 - INTERGOVERNMENTAL ARRANGEMENTS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1011 - LOCAL DISASTER EMERGENCIES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1012 - COMPENSATION.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1013 - COMMUNICATIONS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1014 - MUTUAL AID.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1015 - WEATHER MODIFICATION.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1016 - LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1017 - IMMUNITY.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 10 - STATE DISASTER PREPAREDNESS ACT › Section 46-1020 - PURPOSE AND FINDINGS.

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.]