T46CH10

Title 46 > T46CH10

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46-1001

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1003

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1004

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1005A

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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 out of a declared state of disaster emergency. (2) In order to pay said obligations and expenses arising out of a declared state of disaster emergency the governor shall expend state money as follows: (a) The governor shall use any moneys available in the disaster emergency account. (b) In the event the disaster emergency account is inadequate to satisfy said obligations and expenses, the governor is empowered to direct, by executive order, the state controller to transfer moneys from the general fund, created pursuant to section 67-1205 , Idaho Code, to the disaster emergency account, provided that in the governor’s judgment sufficient general fund moneys will be available to support the full general fund appropriations for the current fiscal year. (c) In addition to any purpose for which they have previously been created, all funds, excluding constitutionally created funds or funds limited in their application by the constitution of the state of Idaho, are hereby expressly declared to be appropriated for the purpose of effectuating the purposes of this act. If the moneys made available in paragraphs (a) and (b) of this subsection are inadequate to meet such obligations and expenses, the governor is empowered to direct the state controller, by executive order, to transfer to the disaster emergency account moneys from any eligible account in order to pay said obligations and expenses; provided, that in the governor’s judgment, the moneys transferred are not required to support the current year’s appropriation of the affected accounts. (d) In the event that restitution is made to the state from nonstate sources to reimburse the state for costs incurred in responding to a state of disaster emergency, the governor may use funds from the restitution to reimburse accounts from which funds were drawn to pay for the state’s response to the emergency. (3) In addition to any other purpose for which they might have been appropriated, all moneys made available by this act to be used in the event of a disaster emergency are hereby perpetually appropriated for the purpose set forth in this section according to the limitations established by this section and the constitution of the state of Idaho. In no event may the revenues made available by subsection (2)(b) and (c) of this section for any and all emergency purposes exceed, during any fiscal year, one percent (1%) of the annual appropriation of general fund moneys for that fiscal year. (4) The provisions of this section are hereby declared to be severable. If any provision of this section or t

46-1006

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

46-1007

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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 Idaho military division, 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; am. 2025, ch. 94, sec. 27, p. 473.]

46-1008

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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 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 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 emer

46-1008A

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1008A. evacuation orders — voluntary noncompliance. (1) Notwithstanding any other provision of law to the contrary, a person may choose not to evacuate his home despite being ordered or compelled to do so pursuant to the provisions of this chapter. (2) A person who chooses not to evacuate pursuant to subsection (1) of this section shall: (a) Accept all of the risks and liabilities of his decision not to evacuate; and (b) Reimburse a governmental entity, or a nonprofit agency cooperating with a governmental entity, if such entity conducts a rescue on behalf of a person who previously chose not to evacuate despite being ordered or compelled to do so pursuant to the provisions of this chapter. History: [46-1008A, added 2025, ch. 26, sec. 1, p. 85.]

46-1009

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1010

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1011

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1012

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1013

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1014

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1015

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1016

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1017

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1018

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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 of this compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster that overextends the ability of local and state governments to reduce, counteract, or remove the danger. Assistance may include but is not limited to rescue, fire, police, medical, communication, and transportation services and facilities to cope with problems which require use of special equipment, trained personnel, or personnel in large numbers not locally available. Article II Article I, Section 10, of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of 50 U.S.C. 2281(g) and 2283 and the executive branch, by issuance of Executive Order No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster, and civil defense mutual aid agreements or pacts. Article III It is agreed by participating states that the following conditions will guide implementation of the compact: (1) Participating states through their designated officials are authorized to request and receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency and other resources are not immediately available. (2) Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it must be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, and personnel or other resources needed. Each request must be signed by an authorized official. (3) Personnel and equipment of the aiding state made available to the requesting state shall, whenever possible, remain under the control and direction of the aiding state. The activities of personnel and equipment of the aiding state must be coordinated by the requesting state. (4) An aiding state has the right to withdraw some or all of its personnel and equipment whenever the personnel and equipment are needed by that state. Notice of intention to withdraw should be communicated to the requesting state as soon as possible. Article IV (1) The requesting state shall reimburse the aiding state as soon as possible after the receipt by the requesting state of an itemized voucher requesting reimbursement of costs. (2) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for any damage to,

46-1018A

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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 (1) This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term states is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions. (2) The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. (3) This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ national guard forces, either in accordance with the national guard mutual assistance compact or by mutual agreement between states. ARTICLE II GENERAL IMPLEMENTATION (1) Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. (2) The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. (3) On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsib

46-1020

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 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.]

46-1021

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1021. Definitions. As used in this act: (1) Development means any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures, or accessory structures or the construction of additions or substantial improvements to buildings, structures, or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. (2) Flood means a general or temporary condition of partial or complete inundation of normally dry land areas caused by the overflow or rise of rivers, streams or lakes or the unusual and rapid accumulation or runoff of surface waters from any source. (3) Flood fringe is that portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood. (4) Floodplain is the land that has been or may be covered by floodwaters or is surrounded by floodwater and inaccessible during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe. (5) Floodplain management is the analysis and integration of the entire range of measures that can be used to prevent, reduce or mitigate flood damage in a given location and that can protect and preserve the natural, environmental, historical, and cultural values of the floodplain. (6) Floodproofing means the modifications of structures and their sites, building contents, and water and sanitary facilities to keep water out or reduce the effects of water entry. (7) Flood protection elevation means an elevation that shall correspond to the elevation of the one percent (1%) chance flood (one hundred (100) year flood), plus any increased flood elevation due to floodway encroachment, plus any required freeboard. (8) Floodway is the channel of the river or stream and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood. (9) Freeboard represents a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard shall compensate for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include but are not limited to ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and the sedimentation of a river or streambed. (10) Local government, in the context of this chapter, means any county or city having planning and zoning authority to regulate land use within its jurisdiction. (11) Mitigation means any action taken that will reduce the impact, damage or cost of the next floo

46-1022

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1022. Local governments may adopt floodplain zoning ordinances. Subject to the availability of adequate mapping and data to properly identify the floodplains, if any, within its jurisdiction, each local government is encouraged to adopt a floodplain map and floodplain management ordinance which identifies these floodplains and which requires, at a minimum, that any development in a floodplain must be constructed at a flood protection elevation and/or have adequate floodproofing. The local government may regulate all mapped and unmapped floodplains within its jurisdiction. Nothing in this act shall prohibit a local government from adopting more restrictive standards than those contained in this chapter. If not otherwise exempt from approval, a flood control district’s conduct of a flood fight, as defined in section 42-3103 , Idaho Code, shall not require prior local government approval provided all such approvals are obtained within a reasonable time after the imminent flooding event has ended. History: [46-1022, added 1998, ch. 301, sec. 1, p. 994; am. 2010, ch. 141, sec. 2, p. 299; am. 2014, ch. 72, sec. 6, p. 188; am. 2024, ch. 179, sec. 2, p. 666.]

46-1023

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1023. Enforcement and sanctions. (1) Development constructed or maintained in violation of any local floodplain management ordinance that conforms to the provisions of this chapter is hereby declared to be a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action of the state, any local unit of government of the state or any citizen thereof. (2) If, after the effective date of this chapter, a local government allows any development in a floodplain below the flood protection elevation without adequate floodproofing, that development shall not, in the event of a disaster emergency involving flooding in that floodplain, be eligible to receive any matching funds from the state for any federal disaster assistance program which may be available as a result of said flooding in that floodplain. The owner of the development will be required to rely on flood insurance to insure their property against the risk of loss incurred by their development in the floodplain in contravention of the intent of this chapter. History: [46-1023, added 1998, ch. 301, sec. 1, p. 994.]

46-1024

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1024. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable. History: [46-1024, added 1998, ch. 301, sec. 1, p. 995.]

46-1025

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1025. Federal funds to political subdivisions. (1) Annually, the chief of the Idaho office of emergency management shall prepare a written summary of all grants received from the federal emergency management agency to be distributed to the forty-four (44) county commission chairmen. The summary shall list those federal funds that are eligible for direct assistance to local disaster agencies in accordance with section 46-1009 (2), Idaho Code, and those funds that are limited to use by the state and not eligible for direct assistance to local disaster agencies. (2) Not less than thirty-four percent (34%) of the eligible direct assistance funds shall be subgranted by the Idaho office of emergency management to the local disaster agencies. Funds shall be distributed to the local disaster agencies subject to the provisions and rules of the Idaho office of emergency management, the federal emergency management agency through the Robert T. Stafford Act, title 44 of the code of federal regulations, and pertinent circulars published by the United States office of management and budget. (3) Direct financial assistance to the local disaster agencies is not an entitlement. Subgrants are awarded through the Idaho office of emergency management for the purpose of assisting counties to achieve goals and objectives outlined in an approved county grant proposal. History: [46-1025, added 2000, ch. 442, sec. 2, p. 1403; am. 2004, ch. 58, sec. 12, p. 276; am. 2016, ch. 118, sec. 18, p. 340.]

46-1026

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1026. definitions. As used in this section and section 46-1027 , Idaho Code, the following terms shall have the following meanings: (1) Idaho technical rescue (ITR) teams means a specialized team or group of teams formed pursuant to this section and section 46-1027 , Idaho Code, organized with capabilities established under the federal emergency management agency national resource typing system in order to assist in the removal of trapped victims in emergency situations including, but not limited to, collapsed structures, confined spaces, trench excavations, elevated locations and other technical rescue situations. (2) Specialty rescue team (SRT) means a specialized team, formed pursuant to this section and section 46-1027 , Idaho Code, organized to provide technical rescue assistance to supplement and work under first responders and local incident commanders including, but not limited to, cave rescue, mine and tunnel rescue and vehicle/machinery extrication and swift water/flood teams. Such teams shall be aligned with one (1) or more of the categories within the federal emergency management agency’s national resource typing system. (3) Idaho incident management and support teams (IIMAST) means a type 3 incident management team, which is a multiagency/multijurisdiction team for extended incidents, formed and managed at the state, regional or metropolitan level deployed as a team of trained personnel to manage major and/or complex incidents requiring a significant number of local, regional and state resources and incidents that extend into multiple operational periods and require a written incident action plan (IAP) that may be utilized at all hazard type incidents. These teams may initially manage larger, more complex incidents prior to arrival of and transition to a type 2 or type 1 incident management team (IMT) under the direction of the agency having the jurisdiction. (4) Person shall have the definition ascribed to it in section 46-1021 , Idaho Code. History: [46-1026, added 2010, ch. 179, sec. 2, p. 367.]

46-1027

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT 46-1027. military division — Idaho office of emergency management — additional powers and duties. (1) The military division through the Idaho office of emergency management shall implement the provisions of this section and section 46-1026 , Idaho Code, and in so doing, the military division may: (a) Through the Idaho office of emergency management, in accordance with the laws of the state, hire, fix the compensation and prescribe the powers and duties of such other individuals including consultants, emergency teams and committees as may be necessary to carry out the provisions of this section and section 46-1026 , Idaho Code. (b) Identify and implement ITR and specialty rescue teams that have appropriately trained personnel and necessary equipment to respond to technical rescue incidents and emergency disaster events. The military division shall enter into a written joint exercise of powers agreement with each entity or person providing equipment or services to a designated ITR or specialty rescue team. The teams shall be available and may respond to technical rescue incidents at the direction of the military division or its designee. When responding solely at the direction of the local incident commander, no cost recovery from the state of Idaho shall be available to ITR teams. (c) Identify and implement an Idaho incident management and support team (IIMAST) that has appropriately trained personnel to the type 3 level and necessary equipment to respond to all hazard incidents. The military division shall enter into a joint exercise of powers agreement with each entity or person providing equipment or services to a designated IIMAST member. The teams shall be available and may respond to all hazard incidents at the direction of the military division or its designee. When responding solely at the direction of the local incident commander, no cost recovery from the state of Idaho shall be available to IIMAST teams. (d) Contract with persons to meet state emergency response needs for the teams and response authorities. (e) Advise, consult and cooperate with agencies of the state and federal government, other states and their state agencies, cities, counties, tribal governments and other persons concerned with technical, rescue and all hazard incident disasters. (f) Encourage, participate in or conduct studies, investigations, training, research and demonstrations for and with Idaho technical rescue (ITR) teams, specialty rescue teams (SRT), Idaho incident management and support teams (IIMAST), local emergency response authorities and other interested persons. (g) Collect and disseminate information relating to emergency response to technical rescue related events and all hazards incident disasters. (h) Accept and administer loans, grants or other funds or gifts, conditional or otherwise, made to the state for emergency response activities provided for in this section a