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.]
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 […]
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 […]
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.]
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: […]
46-1005A. DISASTER EMERGENCY ACCOUNT. (1) There is hereby created and established in the state treasury a separate account to be known as the disaster emergency account, which account shall be administered by the governor or his designee. The account shall only be used to pay obligations and expenses incurred by the state of Idaho arising […]
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 […]
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 […]
46-1008. THE GOVERNOR AND DISASTER EMERGENCIES. (1) Under this act, the governor may issue executive orders and proclamations and may 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
46-1018. INTERSTATE MUTUAL AID COMPACT. The state of Idaho hereby enacts into law and enters into the interstate mutual aid compact with those states who agree and enact the interstate mutual aid compact in accordance with the terms of the compact, which compact is substantially as follows: INTERSTATE MUTUAL AID COMPACT Article I The purpose […]
46-1018A. EMERGENCY MANAGEMENT ASSISTANCE COMPACT. The legislature of the state of Idaho hereby authorizes the governor of the state of Idaho to enter into a compact on behalf of the state of Idaho with any other state legally joining therein, in the form substantially as follows: EMERGENCY MANAGEMENT ASSISTANCE COMPACT ARTICLE I PURPOSES AND AUTHORITIES […]
