2005 Idaho Code - 46-601 — AUTHORITY OF GOVERNOR

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 6
                         MARTIAL LAW AND ACTIVE DUTY
    46-601.  AUTHORITY OF GOVERNOR. (a) The governor shall have the power in
the event of a state of extreme emergency to order into the active service of
the state, the national guard, or any part thereof, and the organized militia,
or any part thereof, or both as he may deem proper.
    "State of extreme emergency" means: (1) the duly proclaimed existence of
conditions of extreme peril to the safety of persons and property within the
state, or any part thereof, caused by an enemy attack or threatened attack; or
(2) the duly proclaimed existence of conditions of extreme peril to the safety
of persons and property within the state, or any part thereof, caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake,
insurrection, breach of the peace, which conditions 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.
    (b)  During a period of a state of extreme emergency, the governor shall
have complete authority over all agencies 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 all police power
vested in the state by the constitution and the laws of the state of Idaho. In
the exercise thereof he is authorized to promulgate, issue and enforce rules,
regulations and orders which he considers necessary for the protection of life
and property. Such rules, regulations and orders shall, whenever practicable,
be prepared in advance of extreme emergency and the governor shall cause
widespread publicity and notice to be given of such rules, regulations and
orders. Rules, regulations and orders issued under the authority of this
section and prepared in advance of a state of extreme emergency shall not
become operative until the governor proclaims a state of extreme emergency.
Such rules, regulations and orders shall be in writing and shall take effect
upon their issuance. They shall be filed in the office of the secretary of
state as soon as possible after their issuance. A copy of such rules,
regulations and orders shall likewise be filed in the office of the county
clerk of each county, any portion of which is included within the area wherein
a state of extreme emergency has been proclaimed. Whenever the state of
extreme emergency has been ended by either the expiration of the period for
which it was proclaimed or the need for said state of extreme emergency has
ceased, the governor shall declare the period of the state of extreme
emergency to be at an end.