T46CH6

Title 46 > T46CH6

Sections (6)

46-601

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 6 MARTIAL LAW AND ACTIVE DUTY 46-601. authority of governor. (1)(a) The governor may proclaim a state of extreme emergency and then order into the active service of the state the national guard, as he may deem proper. (b) State of extreme emergency means: (i) The duly proclaimed existence of conditions threatening the safety of persons or property within the state, or any part thereof, caused by an enemy attack or threatened attack; or (ii) The duly proclaimed existence of conditions threatening persons or property within the state, or any part thereof, caused by such conditions as fire, flood, storm, epidemic, pandemic, volcano, earthquake, violent insurrection, riot, revolt, explosion, cyber attack on critical infrastructure, or other conditions that by reason of their magnitude are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any county, any city, or any city and county or result in mass casualties. (c) Enemy attack means an actual attack by terrorists or a foreign nation by terrorism, hostile air raids, or other form of warfare upon the state or any other state or territory of the United States. (d) Violent insurrection means a violent movement or violent actions by persons intending to overthrow the lawful government. (e) Terrorism is as defined in section 18-8102 , Idaho Code. (2)(a) During a declared state of extreme emergency, the governor shall have authority over all executive agencies and departments of the state government, including all separate boards and commissions, and the right to exercise within the area or regions wherein the state of extreme emergency exists, subject to the provisions of this section, police power vested in the state by the constitution and the laws of the state of Idaho; provided, however, that the governor’s exercise thereof must be limited to promulgation, issuance, and enforcement of written rules and orders necessary to support the national guard, essential to protect life or property, ensure the continuity of the constitutional form of government, or that are otherwise required to mitigate serious harm created by the conditions giving rise to the state of extreme emergency. Such rules and orders must be narrowly focused 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. (b) Such rules and orders must, whenever practicable, be prepared in advance of extreme emergency, and the governor shall cause widespread publicity and notice to be given of such rules and orders. Rules and orders issued under the authority of this section must not become operative until the governor proclaims a state of extreme emergency. Such rules and orders shall be filed in the office of the secretary of state as soon as possible after their issuance. A copy of such ru

46-602

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 6 MARTIAL LAW AND ACTIVE DUTY 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.]

46-604

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 6 MARTIAL LAW AND ACTIVE DUTY 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.]

46-605

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 6 MARTIAL LAW AND 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.]

46-607

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 6 MARTIAL LAW AND ACTIVE DUTY 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.]

46-609

TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 6 MARTIAL LAW AND ACTIVE DUTY 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.]