reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-107 - CONFORMITY OF THE NATIONAL GUARD TO FEDERAL LAW.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-108 - PROPERTY AND FISCAL OFFICER.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-109 - GENERAL ORDERS — FORCE AND EFFECT AS STATUTES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-110 - GOVERNOR AS COMMANDER-IN-CHIEF — FOREIGN TROOPS — RESTRICTIONS ON ENTRY INTO STATE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-111 - ADJUTANT GENERAL.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF › Section 46-113 - ASSISTANT ADJUTANTS GENERAL.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-201 - OFFICERS — WARRANT OFFICERS — ENLISTMENT OF PERSONNEL — POWER OF GOVERNOR.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-202 - COMMISSIONED OFFICERS — APPOINTMENT AND COMMISSION — OATH — TEMPORARY APPOINTMENTS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-203 - RANK OF OFFICERS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-204 - PROMOTION, WHEN EFFECTIVE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-205 - VACATION OF COMMISSION — DISCHARGE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-206 - RETIREMENT — TIME OF SERVICE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-207 - RETIRING OFFICER RESPONSIBLE FOR STATE PROPERTY — STATUS PENDING SETTLEMENT OF ACCOUNTS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-210 - ENLISTMENT — CONTRACT AND OATH.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-211 - ENLISTMENT — PERIOD AND REQUIREMENTS — REENLISTMENT.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-212 - ENLISTED PERSONNEL — DISCHARGE PAPERS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-213 - ENLISTED PERSONNEL — TRANSFERS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-215 - ACCOUNTING FOR PROPERTY UPON DISCHARGE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-216 - LEAVE OF ABSENCE FROM REGULAR DUTIES FOR MILITARY DUTY.

46-216. LEAVE OF ABSENCE FROM REGULAR DUTIES FOR MILITARY DUTY. All officers and employees of the state of Idaho who shall be members of the national guard or who shall be reservists in the armed forces of the United States, shall be entitled each calendar year to one hundred twenty (120) 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 assigned to "uncommon tours of duty" shall have the above-referenced one hundred twenty (120) hours of leave prorated proportionally to the number of hours in their regularly scheduled biweekly pay period. Administration of paid leave for "uncommon tours of 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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-224 - ENTITLED TO RESTORATION OF POSITION AFTER LEAVE OF ABSENCE FOR MILITARY TRAINING.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-225 - VACATION, SICK LEAVE, BONUS, HEALTH INSURANCE AND ADVANCEMENT UNAFFECTED BY LEAVE OF ABSENCE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 2 - OFFICERS AND ENLISTED PERSONNEL › Section 46-226 - NONCOMPLIANCE OF EMPLOYER ENTITLING EMPLOYEE TO DAMAGES OR EQUITABLE RELIEF.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 3 - EQUIPMENT AND ALLOWANCES › Section 46-301 - EQUIPMENT OF ORGANIZATIONS — COMMISSIONED OFFICERS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 3 - EQUIPMENT AND ALLOWANCES › Section 46-314 - EDUCATIONAL ENCOURAGEMENT.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-401 - IMMUNITY FROM ARREST.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-402 - IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-403 - EQUIPMENT EXEMPT FROM CIVIL PROCESS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-404 - RIGHT OF WAY IN STREETS — PENALTIES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-405 - EXEMPTION FROM TOLL IN PERFORMANCE OF DUTIES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-406 - EXEMPTION FROM JURY DUTY.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-407 - REEMPLOYMENT RIGHTS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-408 - SECURITY OF THE ORCHARD TRAINING AREA.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 4 - IMMUNITIES AND PRIVILEGES › Section 46-409 - THE MILITIA CIVIL RELIEF ACT.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 5 - SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE › Section 46-501 - PURPOSE OF THE CHAPTER.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 5 - SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE › Section 46-502 - LEGISLATIVE FINDINGS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 5 - SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE › Section 46-503 - ELIGIBILITY FOR POSTSECONDARY EDUCATION AND FINANCIAL ASSISTANCE — RESPONSIBILITY TO VERIFY COMPLIANCE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 5 - SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE › Section 46-504 - ELIGIBILITY FOR EMPLOYMENT — RESPONSIBILITY TO VERIFY COMPLIANCE.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 5 - SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE › Section 46-505 - EXCEPTIONS TO THE REQUIREMENTS OF THIS CHAPTER.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 6 - MARTIAL LAW AND ACTIVE DUTY › Section 46-602 - PROCLAMATION OF MARTIAL LAW.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 6 - MARTIAL LAW AND ACTIVE DUTY › Section 46-604 - COOPERATION OF MILITIA WITH CIVIL AUTHORITIES — CALLING OUT MILITARY FORCES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 6 - MARTIAL LAW AND ACTIVE DUTY › Section 46-605 - PAY ON ACTIVE DUTY.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 6 - MARTIAL LAW AND ACTIVE DUTY › Section 46-607 - PAY ON ACTIVE DUTY — STATE LIABLE FOR EXPENSES AND CLAIMS.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 6 - MARTIAL LAW AND ACTIVE DUTY › Section 46-609 - OFFICERS AND ENLISTED PERSONNEL ON SPECIAL DUTY — COMPENSATION AND ALLOWANCES.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-701 - EXPENSES OF ARMORIES AND OTHER FACILITIES FOR NATIONAL GUARD.

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.]
2023 Idaho Code › Title 46 - MILITIA AND MILITARY AFFAIRS › Chapter 7 - ARMORIES AND MILITARY PROPERTY › Section 46-705 - LEASES OF MILITARY PROPERTY — APPROVAL.

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.]