Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 1 - STATE MILITIA — ORGANIZATION AND STAFF
Section 46-101 - NATIONAL DEFENSE ACT — DEFINITIONS. - 46-101. NATIONAL DEFENSE ACT — DEFINITIONS. The state of Idaho...
Section 46-102 - STATE MILITIA — MEMBERSHIP — EXEMPTIONS. - 46-102. STATE MILITIA — MEMBERSHIP — EXEMPTIONS. The militia of...
Section 46-103 - STATE MILITIA — DIVISION INTO CLASSES. - 46-103. STATE MILITIA — DIVISION INTO CLASSES. The militia of...
Section 46-104 - ENROLLMENT OF PERSONS LIABLE TO SERVICE — DUTY OF COUNTY ASSESSOR — PENALTY. - 46-104. ENROLLMENT OF PERSONS LIABLE TO SERVICE — DUTY OF...
Section 46-106 - ORGANIZED MILITIA — ORGANIZATION WHEN CALLED INTO ACTIVE SERVICE. - 46-106. ORGANIZED MILITIA — ORGANIZATION WHEN CALLED INTO ACTIVE SERVICE....
Section 46-107 - CONFORMITY OF THE NATIONAL GUARD TO FEDERAL LAW. - 46-107. CONFORMITY OF THE NATIONAL GUARD TO FEDERAL LAW. The...
Section 46-108 - PROPERTY AND FISCAL OFFICER. - 46-108. PROPERTY AND FISCAL OFFICER. The governor shall appoint with...
Section 46-109 - GENERAL ORDERS — FORCE AND EFFECT AS STATUTES. - 46-109. GENERAL ORDERS — FORCE AND EFFECT AS STATUTES. The...
Section 46-110 - GOVERNOR AS COMMANDER-IN-CHIEF — FOREIGN TROOPS — RESTRICTIONS ON ENTRY INTO STATE. - 46-110. GOVERNOR AS COMMANDER-IN-CHIEF — FOREIGN TROOPS — RESTRICTIONS ON...
Section 46-111 - ADJUTANT GENERAL. - 46-111. ADJUTANT GENERAL. There shall be an adjutant general who...
Section 46-112 - DUTIES OF THE ADJUTANT GENERAL. - 46-112. DUTIES OF THE ADJUTANT GENERAL. (1) The adjutant general...
Section 46-113 - ASSISTANT ADJUTANTS GENERAL. - 46-113. ASSISTANT ADJUTANTS GENERAL. There shall be two (2) assistant...
Chapter 2 - OFFICERS AND ENLISTED PERSONNEL
Section 46-201 - OFFICERS — WARRANT OFFICERS — ENLISTMENT OF PERSONNEL — POWER OF GOVERNOR. - 46-201. OFFICERS — WARRANT OFFICERS — ENLISTMENT OF PERSONNEL —...
Section 46-202 - COMMISSIONED OFFICERS — APPOINTMENT AND COMMISSION — OATH — TEMPORARY APPOINTMENTS. - 46-202. COMMISSIONED OFFICERS — APPOINTMENT AND COMMISSION — OATH —...
Section 46-203 - RANK OF OFFICERS. - 46-203. RANK OF OFFICERS. All officers of the national guard...
Section 46-204 - PROMOTION, WHEN EFFECTIVE. - 46-204. PROMOTION, WHEN EFFECTIVE. When a commissioned officer or warrant...
Section 46-205 - VACATION OF COMMISSION — DISCHARGE. - 46-205. VACATION OF COMMISSION — DISCHARGE. Commissions of officers of...
Section 46-206 - RETIREMENT — TIME OF SERVICE. - 46-206. RETIREMENT — TIME OF SERVICE. Upon request, any commissioned...
Section 46-207 - RETIRING OFFICER RESPONSIBLE FOR STATE PROPERTY — STATUS PENDING SETTLEMENT OF ACCOUNTS. - 46-207. RETIRING OFFICER RESPONSIBLE FOR STATE PROPERTY — STATUS PENDING...
Section 46-210 - ENLISTMENT — CONTRACT AND OATH. - 46-210. ENLISTMENT — CONTRACT AND OATH. Every person enlisting in...
Section 46-211 - ENLISTMENT — PERIOD AND REQUIREMENTS — REENLISTMENT. - 46-211. ENLISTMENT — PERIOD AND REQUIREMENTS — REENLISTMENT. Hereafter the...
Section 46-212 - ENLISTED PERSONNEL — DISCHARGE PAPERS. - 46-212. ENLISTED PERSONNEL — DISCHARGE PAPERS. An enlisted person discharged...
Section 46-213 - ENLISTED PERSONNEL — TRANSFERS. - 46-213. ENLISTED PERSONNEL — TRANSFERS. Enlisted personnel of the national...
Section 46-215 - ACCOUNTING FOR PROPERTY UPON DISCHARGE. - 46-215. ACCOUNTING FOR PROPERTY UPON DISCHARGE. An enlisted person who...
Section 46-216 - LEAVE OF ABSENCE FROM REGULAR DUTIES FOR MILITARY DUTY. - 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. - 46-224. ENTITLED TO RESTORATION OF POSITION AFTER LEAVE OF ABSENCE...
Section 46-225 - VACATION, SICK LEAVE, BONUS, HEALTH INSURANCE AND ADVANCEMENT UNAFFECTED BY LEAVE OF ABSENCE. - 46-225. VACATION, SICK LEAVE, BONUS, HEALTH INSURANCE AND ADVANCEMENT UNAFFECTED...
Section 46-226 - NONCOMPLIANCE OF EMPLOYER ENTITLING EMPLOYEE TO DAMAGES OR EQUITABLE RELIEF. - 46-226. NONCOMPLIANCE OF EMPLOYER ENTITLING EMPLOYEE TO DAMAGES OR EQUITABLE...
Chapter 3 - EQUIPMENT AND ALLOWANCES
Section 46-301 - EQUIPMENT OF ORGANIZATIONS — COMMISSIONED OFFICERS. - 46-301. EQUIPMENT OF ORGANIZATIONS — COMMISSIONED OFFICERS. All organizations of...
Section 46-314 - EDUCATIONAL ENCOURAGEMENT. - 46-314. EDUCATIONAL ENCOURAGEMENT. The adjutant general of the Idaho national...
Chapter 4 - IMMUNITIES AND PRIVILEGES
Section 46-401 - IMMUNITY FROM ARREST. - 46-401. IMMUNITY FROM ARREST. Members of the Idaho national guard,...
Section 46-402 - IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY. - 46-402. IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY. Members...
Section 46-403 - EQUIPMENT EXEMPT FROM CIVIL PROCESS. - 46-403. EQUIPMENT EXEMPT FROM CIVIL PROCESS. Uniforms, arms, and equipment,...
Section 46-404 - RIGHT OF WAY IN STREETS — PENALTIES. - 46-404. RIGHT OF WAY IN STREETS — PENALTIES. The commanding...
Section 46-405 - EXEMPTION FROM TOLL IN PERFORMANCE OF DUTIES. - 46-405. EXEMPTION FROM TOLL IN PERFORMANCE OF DUTIES. Any person...
Section 46-406 - EXEMPTION FROM JURY DUTY. - 46-406. EXEMPTION FROM JURY DUTY. Any member of the national...
Section 46-407 - REEMPLOYMENT RIGHTS. - 46-407. REEMPLOYMENT RIGHTS. (a) Any member of the Idaho national...
Section 46-408 - SECURITY OF THE ORCHARD TRAINING AREA. - 46-408. SECURITY OF THE ORCHARD TRAINING AREA. Employees of the...
Section 46-409 - THE MILITIA CIVIL RELIEF ACT. - 46-409. THE MILITIA CIVIL RELIEF ACT. (1) As used in...
Chapter 5 - SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE
Section 46-501 - PURPOSE OF THE CHAPTER. - 46-501. PURPOSE OF THE CHAPTER. The purpose of this chapter...
Section 46-502 - LEGISLATIVE FINDINGS. - 46-502. LEGISLATIVE FINDINGS. The legislature of the state of Idaho...
Section 46-503 - ELIGIBILITY FOR POSTSECONDARY EDUCATION AND FINANCIAL ASSISTANCE — RESPONSIBILITY TO VERIFY COMPLIANCE. - 46-503. ELIGIBILITY FOR POSTSECONDARY EDUCATION AND FINANCIAL ASSISTANCE — RESPONSIBILITY...
Section 46-504 - ELIGIBILITY FOR EMPLOYMENT — RESPONSIBILITY TO VERIFY COMPLIANCE. - 46-504. ELIGIBILITY FOR EMPLOYMENT — RESPONSIBILITY TO VERIFY COMPLIANCE. (1)...
Section 46-505 - EXCEPTIONS TO THE REQUIREMENTS OF THIS CHAPTER. - 46-505. EXCEPTIONS TO THE REQUIREMENTS OF THIS CHAPTER. A person...
Chapter 6 - MARTIAL LAW AND ACTIVE DUTY
Section 46-601 - AUTHORITY OF GOVERNOR. - 46-601. AUTHORITY OF GOVERNOR. (1)(a) The governor may proclaim a...
Section 46-602 - PROCLAMATION OF MARTIAL LAW. - 46-602. PROCLAMATION OF MARTIAL LAW. Whenever a state of extreme...
Section 46-604 - COOPERATION OF MILITIA WITH CIVIL AUTHORITIES — CALLING OUT MILITARY FORCES. - 46-604. COOPERATION OF MILITIA WITH CIVIL AUTHORITIES — CALLING OUT...
Section 46-605 - PAY ON ACTIVE DUTY. - 46-605. PAY ON ACTIVE DUTY. When the national guard or...
Section 46-607 - PAY ON ACTIVE DUTY — STATE LIABLE FOR EXPENSES AND CLAIMS. - 46-607. PAY ON ACTIVE DUTY — STATE LIABLE FOR EXPENSES...
Section 46-609 - OFFICERS AND ENLISTED PERSONNEL ON SPECIAL DUTY — COMPENSATION AND ALLOWANCES. - 46-609. OFFICERS AND ENLISTED PERSONNEL ON SPECIAL DUTY — COMPENSATION...
Chapter 7 - ARMORIES AND MILITARY PROPERTY
Section 46-701 - EXPENSES OF ARMORIES AND OTHER FACILITIES FOR NATIONAL GUARD. - 46-701. EXPENSES OF ARMORIES AND OTHER FACILITIES FOR NATIONAL GUARD....
Section 46-705 - LEASES OF MILITARY PROPERTY — APPROVAL. - 46-705. LEASES OF MILITARY PROPERTY — APPROVAL. The adjutant general...
Section 46-706 - TITLE. - 46-706. TITLE. This act may be cited as the "Armory...
Section 46-707 - DEFINITIONS. - 46-707. DEFINITIONS. As used in this act: (a) "Adjutant general"...
Section 46-708 - ADMINISTRATION. - 46-708. ADMINISTRATION. The adjutant general is hereby authorized to institute,...
Section 46-709 - GENERAL POWERS AND DUTIES. - 46-709. GENERAL POWERS AND DUTIES. In carrying out the purposes...
Section 46-711 - SURVEY AND PLANNING ACTIVITIES. - 46-711. SURVEY AND PLANNING ACTIVITIES. The adjutant general is authorized...
Section 46-712 - CONSTRUCTION PROGRAM. - 46-712. CONSTRUCTION PROGRAM. The construction program shall provide, in accordance...
Section 46-713 - CONSTRUCTION, EXPANSION AND REHABILITATION OF ARMORIES — SUPERVISION BY ADJUTANT GENERAL. - 46-713. CONSTRUCTION, EXPANSION AND REHABILITATION OF ARMORIES — SUPERVISION BY...
Section 46-714 - APPROVAL OF BOARD OF EXAMINERS. - 46-714. APPROVAL OF BOARD OF EXAMINERS. Any contract with state...
Section 46-715 - APPLICATION FOR FEDERAL FUNDS FOR SURVEY, PLANNING AND CONSTRUCTION — EXPENDITURE. - 46-715. APPLICATION FOR FEDERAL FUNDS FOR SURVEY, PLANNING AND CONSTRUCTION...
Section 46-716 - STATE PLAN. - 46-716. STATE PLAN. The adjutant general shall prepare and submit...
Section 46-717 - ARMORY USE, MAINTENANCE AND OPERATION. - 46-717. ARMORY USE, MAINTENANCE AND OPERATION. All armories constructed with...
Section 46-718 - PRIORITY OF PROJECTS. - 46-718. PRIORITY OF PROJECTS. The state plan shall set forth...
Section 46-719 - ARMORY CONSTRUCTION FUND. - 46-719. ARMORY CONSTRUCTION FUND. There is hereby created in the...
Section 46-720 - AGREEMENTS NECESSARY TO COMPLY WITH UNITED STATES STATUTES FOR CONSTRUCTION OF ARMORIES AUTHORIZED. - 46-720. AGREEMENTS NECESSARY TO COMPLY WITH UNITED STATES STATUTES FOR...
Section 46-721 - DONATIONS FROM FUNDS OF SPECIFIED GOVERNMENT UNITS AUTHORIZED FOR CONSTRUCTION AND MAINTENANCE OF ARMORIES. - 46-721. DONATIONS FROM FUNDS OF SPECIFIED GOVERNMENT UNITS AUTHORIZED FOR...
Section 46-722 - ACQUISITION OF ARMORY SITES, AGREEMENTS FOR FEDERAL ASSISTANCE, SPECIAL FUND AND TAX LEVIES AUTHORIZED. - 46-722. ACQUISITION OF ARMORY SITES, AGREEMENTS FOR FEDERAL ASSISTANCE, SPECIAL...
Section 46-723 - JOINT OWNERSHIP OF ARMORY. - 46-723. JOINT OWNERSHIP OF ARMORY. Any armory constructed under this...
Section 46-724 - ARMORIES CONSTRUCTED WITH USE OF FEDERAL FUNDS REGULATED BY ADJUTANT GENERAL — ARMORY ADVISORY COMMITTEE. - 46-724. ARMORIES CONSTRUCTED WITH USE OF FEDERAL FUNDS REGULATED BY...
Section 46-725 - AVAILABILITY OF ARMORY FOR EMERGENCY AND DISASTER RELIEF PURPOSES. - 46-725. AVAILABILITY OF ARMORY FOR EMERGENCY AND DISASTER RELIEF PURPOSES....
Section 46-726 - REVERSION OF ARMORY TO SPECIFIED GOVERNMENT UNITS WHEN NOT REQUIRED FOR NATIONAL GUARD. - 46-726. REVERSION OF ARMORY TO SPECIFIED GOVERNMENT UNITS WHEN NOT...
Section 46-727 - TITLE. - 46-727. TITLE. This act shall be known as the "Armory...
Chapter 8 - MISCELLANEOUS AND GENERAL PROVISIONS
Section 46-801 - STATE FLAG. - 46-801. STATE FLAG. A state flag for the state of...
Section 46-802 - UNORGANIZED ASSOCIATIONS PROHIBITED — PARADES PROHIBITED — EXCEPTIONS. - 46-802. UNORGANIZED ASSOCIATIONS PROHIBITED — PARADES PROHIBITED — EXCEPTIONS. No...
Section 46-803 - JURISDICTION OF COURTS AND BOARDS PRESUMED. - 46-803. JURISDICTION OF COURTS AND BOARDS PRESUMED. The jurisdiction of...
Section 46-804 - MILITARY DIVISION RULES. - 46-804. MILITARY DIVISION RULES. The military division shall be authorized...
Section 46-805 - YOUTH CHALLENGE PROGRAM. - 46-805. YOUTH CHALLENGE PROGRAM. (1) (a) There is hereby established...
Section 46-806 - MILITARY DIVISION SUPPORT FUND. - 46-806. MILITARY DIVISION SUPPORT FUND. (1) There is hereby created...
Chapter 10 - STATE DISASTER PREPAREDNESS ACT
Section 46-1001 - SHORT TITLE. - 46-1001. SHORT TITLE. This act shall be cited as the...
Section 46-1002 - DEFINITIONS. - 46-1002. DEFINITIONS. As used in this act: (1) "Adjutant general"...
Section 46-1003 - POLICY AND PURPOSES. - 46-1003. POLICY AND PURPOSES. It is the policy of this...
Section 46-1004 - IDAHO OFFICE OF EMERGENCY MANAGEMENT CREATED. - 46-1004. IDAHO OFFICE OF EMERGENCY MANAGEMENT CREATED. Within the military...
Section 46-1005 - COORDINATING OFFICER — SELECTION. - 46-1005. COORDINATING OFFICER — SELECTION. The office may be headed...
Section 46-1005A - DISASTER EMERGENCY ACCOUNT. - 46-1005A. DISASTER EMERGENCY ACCOUNT. (1) There is hereby created and...
Section 46-1006 - POWERS AND DUTIES OF CHIEF AND OFFICE. - 46-1006. POWERS AND DUTIES OF CHIEF AND OFFICE. (1) In...
Section 46-1007 - LIMITATIONS. - 46-1007. LIMITATIONS. Nothing in this act shall be construed to:...
Section 46-1008 - THE GOVERNOR AND DISASTER EMERGENCIES. - 46-1008. THE GOVERNOR AND DISASTER EMERGENCIES. (1) Under this act,...
Section 46-1009 - LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. - 46-1009. LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1) Each...
Section 46-1010 - INTERGOVERNMENTAL ARRANGEMENTS. - 46-1010. INTERGOVERNMENTAL ARRANGEMENTS. (1) The governor may enter into interstate...
Section 46-1011 - LOCAL DISASTER EMERGENCIES. - 46-1011. LOCAL DISASTER EMERGENCIES. (1) A local disaster emergency may...
Section 46-1012 - COMPENSATION. - 46-1012. COMPENSATION. (1) Each person within this state shall conduct...
Section 46-1013 - COMMUNICATIONS. - 46-1013. COMMUNICATIONS. The office shall ascertain what means exist for...
Section 46-1014 - MUTUAL AID. - 46-1014. MUTUAL AID. (1) Political subdivisions not participating in the...
Section 46-1015 - WEATHER MODIFICATION. - 46-1015. WEATHER MODIFICATION. The office shall keep continuously appraised of...
Section 46-1016 - LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH. - 46-1016. LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH. No...
Section 46-1017 - IMMUNITY. - 46-1017. IMMUNITY. Neither the state, nor the office, nor any...
Section 46-1018 - INTERSTATE MUTUAL AID COMPACT. - 46-1018. INTERSTATE MUTUAL AID COMPACT. The state of Idaho hereby...
Section 46-1018A - EMERGENCY MANAGEMENT ASSISTANCE COMPACT. - 46-1018A. EMERGENCY MANAGEMENT ASSISTANCE COMPACT. The legislature of the state...
Section 46-1020 - PURPOSE AND FINDINGS. - 46-1020. PURPOSE AND FINDINGS. (1) The legislature of the state...
Section 46-1021 - DEFINITIONS. - 46-1021. DEFINITIONS. As used in this act: (1) "Development" means...
Section 46-1022 - LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES. - 46-1022. LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES. Subject to...
Section 46-1023 - ENFORCEMENT AND SANCTIONS. - 46-1023. ENFORCEMENT AND SANCTIONS. (1) Development constructed or maintained in...
Section 46-1024 - SEVERABILITY. - 46-1024. SEVERABILITY. If any provision of this chapter or its...
Section 46-1025 - FEDERAL FUNDS TO POLITICAL SUBDIVISIONS. - 46-1025. FEDERAL FUNDS TO POLITICAL SUBDIVISIONS. (1) Annually, the chief...
Section 46-1026 - DEFINITIONS. - 46-1026. DEFINITIONS. As used in this section and section 46-1027,...
Section 46-1027 - MILITARY DIVISION — IDAHO OFFICE OF EMERGENCY MANAGEMENT — ADDITIONAL POWERS AND DUTIES. - 46-1027. MILITARY DIVISION — IDAHO OFFICE OF EMERGENCY MANAGEMENT —...
Chapter 11 - IDAHO CODE OF MILITARY JUSTICE
Section 46-1101 - SHORT TITLE. - 46-1101. SHORT TITLE. This act may be cited and referred...
Section 46-1102 - MODEL STATE CODE OF MILITARY JUSTICE. - 46-1102. MODEL STATE CODE OF MILITARY JUSTICE. The "Model State...
Section 46-1103 - ARREST. - 46-1103. ARREST. Arrest of members of the Idaho military not...
Section 46-1104 - REGULATORY AUTHORITY. - 46-1104. REGULATORY AUTHORITY. The adjutant general shall have authority to...
Section 46-1105 - IMMUNITY. - 46-1105. IMMUNITY. All persons acting under the provisions of this...
Section 46-1106 - SEVERABILITY. - 46-1106. SEVERABILITY. The provisions of this act are hereby declared...