2005 Idaho Code - 46-1008 — THE GOVERNOR AND DISASTER EMERGENCIES

                                  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, proclamations and amend or rescind them.
Executive orders and proclamations have the force and effect of law.
    (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
bureau of homeland security, 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 regulations, 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 regulations 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 which 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 restrictions on the lawful possession,
transfer, sale, transport, storage, display or use of firearms or ammunition.