MILITIA AND MILITARY AFFAIRS
STATE DISASTER PREPAREDNESS ACT
46-1008. The governor and disaster emergencies. (1) Under this act, the governor may issue executive orders, proclamations and amend or rescind them. Executive orders and proclamations have the force and effect of law; provided, however, that any such orders, proclamations, or rules must be essential to protect life or property from the occurrence or imminent threat of the state of disaster emergency threatening the safety of persons or property within the state and must be narrowly tailored to effectively protect life or property without placing unnecessary restrictions on the ability for a person or persons, regardless of job type or classification, to work, provide for their families, or otherwise contribute to the economy of the state of Idaho.
(2) A disaster emergency shall be declared by executive order or proclamation of the governor if he finds a disaster has occurred or that the occurrence or the threat thereof is imminent. The state of disaster emergency shall continue until the governor finds that the threat or danger has passed, or the disaster has been dealt with to the extent that emergency conditions no longer exist, and when either or both of these events occur, the governor shall terminate the state of disaster emergency by executive order or proclamation; provided, however, that no state of disaster emergency may continue for longer than thirty (30) days unless the governor finds that it should be continued for another thirty (30) days or any part thereof. The legislature by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened, the area subject to the proclamation, and the conditions which are causing the disaster. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and unless the circumstances attendant upon the disaster prevent or impede, be promptly filed with the Idaho office of emergency management, the office of the secretary of state and the office of the recorder of each county where the state of disaster emergency applies.
(3) An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the state, local and intergovernmental disaster emergency plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this act or any other provision of law relating to disaster emergencies.
(4) During the continuance of any state of disaster emergency, the governor is commander-in-chief of the militia and may assume command of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or rules, but nothing herein restricts his authority to do so by orders issued at the time of the disaster emergency.
(5) In addition to any other powers conferred upon the governor by law, he may:
(a) Suspend the provisions of any rules prescribing the procedures for conduct of public business that would in any way prevent, hinder, or delay necessary action in coping with the emergency;
(b) Utilize all resources of the state, including, but not limited to, those sums in the disaster emergency account as he shall deem necessary to pay obligations and expenses incurred during a declared state of disaster emergency;
(c) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;
(d) Subject to any applicable requirements for compensation under section 46-1012, Idaho Code, commandeer or utilize any private property, real or personal, if he finds this necessary to cope with the disaster emergency;
(e) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if he deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
(f) Prescribe routes, modes of transportation, and destinations in connection with evacuation;
(g) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein;
(h) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives, and combustibles;
(i) Make provision for the availability and use of temporary emergency housing.
(6) Whenever an emergency or a disaster has been declared to exist in Idaho by the president under the provisions of the disaster relief act of 1974 (public law 93-288, 42 U.S.C. 5121), as amended, the governor may:
(a) Enter into agreements with the federal government for the sharing of disaster recovery expenses involving public facilities;
(b) Require as a condition of state assistance that a local taxing district be responsible for paying forty percent (40%) of the nonfederal share of costs incurred by the local taxing district that have been determined to be eligible for reimbursement by the federal government, provided that the total local share of eligible costs for a taxing district shall not exceed ten percent (10%) of the taxing district’s tax charges authorized by section 63-802, Idaho Code;
(c) Obligate the state to pay the balance of the nonfederal share of eligible costs within local taxing entities qualifying for federal assistance; and
(d) Enter into agreements with the federal government for the sharing of disaster assistance expenses to include individual and family grant programs.
(7) During the continuance of any state of disaster emergency, neither the governor nor any agency of any governmental entity or political subdivision of the state shall impose or enforce any additional restrictions on the lawful manufacturing, possession, transfer, sale, transport, storage, display or use of firearms or ammunition or otherwise limit or suspend any rights guaranteed by the United States constitution or the constitution of the state of Idaho, including but not limited to the right to peaceable assembly or free exercise of religion.
(8) During any state of disaster emergency, the governor may not alter, adjust, or create any provision of the Idaho Code.
[46-1008, added 1975, ch. 212, sec. 2, p. 584; am. 1981, ch. 89, sec. 1, p. 123; am. 1981, ch. 320, sec. 4, p. 669; am. 1984, ch. 4, sec. 1, p. 7; am. 1996, ch. 208, sec. 11, p. 669; am. 1996, ch. 322, sec. 45, p. 1075; am. 1997, ch. 117, sec. 7, p. 305; am. 2004, ch. 58, sec. 8, p. 274; am. 2006, ch. 264, sec. 1, p. 818; am. 2016, ch. 118, sec. 11, p. 337; am. 2021, ch. 355, sec. 1, p. 1056; am. 2021, ch. 356, sec. 1, p. 1058; am. 2021, ch. 357, sec. 1, p. 1060.]