46-202. COMMISSIONED OFFICERS — APPOINTMENT AND COMMISSION — OATH — TEMPORARY APPOINTMENTS. All commissioned officers shall be appointed by the governor as commander in chief and be commissioned according to the grade in the department, corps, or arm of the service in which they are appointed and shall be assigned to duty by the commander in chief. They shall take and subscribe to the following oath:
"I…. do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the state of Idaho against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey orders of the president of the United States and the governor of the state of Idaho, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of…. in the national guard of the state of Idaho upon which I am about to enter, so help me God."
The appointment of officers in the national guard shall be temporary until such appointees shall have been federally recognized under the provisions of the national defense act. Any officer so temporarily appointed as an officer of the national guard of this state is hereby authorized to exercise all powers of his or her office during the time said temporary appointment shall remain in force. Such temporary appointment shall expire upon written notice from the national guard bureau that federal recognition has been denied, and upon receipt of said notice, the governor is authorized and is hereby directed to discharge such temporary officer from the national guard; provided, that the provisions of this section shall not apply to officers of such forces of the organized and unorganized militias that may be called into active service of the state.
History:
[(46-202) 1927, ch. 261, sec. 22, p. 510; I.C.A., sec. 45-202; am. 1957, ch. 174, sec. 16, p. 312; am. 2022, ch. 144, sec. 2, p. 517.]
Structure Idaho Code
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 2 - OFFICERS AND ENLISTED PERSONNEL
Section 46-201 - OFFICERS — WARRANT OFFICERS — ENLISTMENT OF PERSONNEL — POWER OF GOVERNOR.
Section 46-202 - COMMISSIONED OFFICERS — APPOINTMENT AND COMMISSION — OATH — TEMPORARY APPOINTMENTS.
Section 46-203 - RANK OF OFFICERS.
Section 46-204 - PROMOTION, WHEN EFFECTIVE.
Section 46-205 - VACATION OF COMMISSION — DISCHARGE.
Section 46-206 - RETIREMENT — TIME OF SERVICE.
Section 46-210 - ENLISTMENT — CONTRACT AND OATH.
Section 46-211 - ENLISTMENT — PERIOD AND REQUIREMENTS — REENLISTMENT.
Section 46-212 - ENLISTED PERSONNEL — DISCHARGE PAPERS.
Section 46-213 - ENLISTED PERSONNEL — TRANSFERS.
Section 46-215 - ACCOUNTING FOR PROPERTY UPON DISCHARGE.
Section 46-216 - LEAVE OF ABSENCE FROM REGULAR DUTIES FOR MILITARY DUTY.
Section 46-224 - ENTITLED TO RESTORATION OF POSITION AFTER LEAVE OF ABSENCE FOR MILITARY TRAINING.
Section 46-226 - NONCOMPLIANCE OF EMPLOYER ENTITLING EMPLOYEE TO DAMAGES OR EQUITABLE RELIEF.