TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 10

STATE DISASTER PREPAREDNESS ACT

46-1006.  Powers and duties of chief and office. (1) In all matters of disaster services, the adjutant general shall represent the governor and shall, on behalf of the governor, coordinate the activities of all of the state agencies in disaster services. The office shall have a coordinating officer and other professional, technical, secretarial and clerical employees necessary for the performance of its functions.

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

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

(b)  Prompt and effective response to disaster;

(c)  Emergency relief;

(d)  Identification of areas particularly vulnerable to disasters;

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

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

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

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

(i)  Organization of manpower and chains of command;

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

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

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

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

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

(6)  The office shall:

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

(b)  Periodically review local and intergovernmental disaster plans;

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

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

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

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

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

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

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

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

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

History:

[46-1006, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 58, sec. 7, p. 272; am. 2005, ch. 27, sec. 2, p. 136; am. 2016, ch. 118, sec. 10, p. 335.]