Order Code RS21780
March 26, 2004
CRS Report for Congress
Received through the CRS Web
Idaho Emergency Management and Homeland
Security Statutory Authorities Summarized
Specialist in American National Government
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Government and Finance Division
Four Idaho statutes address aspects of terrorism and emergency management—the
Terrorist Control Act, the Post-Attack Resource Management Act, the Emergency
Relocation Act, and the Idaho Disaster Preparedness Act. The Bureau of Disaster
Services is the lead emergency management agency for the state. After a disaster occurs,
financial aid is given in the form of claims to the military division, tax relief, federal
funds and state emergency accounts. The legislature provides for succession to state
offices in emergencies. State and local seats of government may be relocated in an
emergency. Idaho is a member of both the Interstate Mutual Aid Compact and the
Emergency Management Assistance Compact.
This report is one of a series that profiles emergency management and homeland
security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
Congressional Research Service ˜ The Library of Congress
Entities with Key Responsibilities
Governor: The governor serves as commander-in-chief of militia and is authorized
to: suspend provision of any regulation that would prevent or hinder emergency
management; allocate sums in the disaster emergency account; transfer personnel or
functions of state agencies; commandeer private property; compel evacuation of
population or control ingress and egress to and from a disaster area; suspend or limit the
sale and transportation of alcoholic beverages, firearms, explosives, and combustibles;
and make provision for temporary emergency housing. After a presidential declaration
is issued, the governor may enter into agreements with the federal government for sharing
of disaster recovery expenses and individual and family grant programs, among other
actions (Idaho Code §46-1008).
Bureau of Disaster Services and Adjutant General: In matters of “disaster services,”
the adjutant general represents the governor and coordinates the activities of state
agencies in disaster services. The bureau must prepare and maintain a state disaster plan
that provides for prevention and mitigation, response, emergency relief, assessment of
vulnerability to disasters, coordination of federal, state, and local disaster activities, and
other matters (Idaho Code §46-1006(2)). The bureau may employ technical personnel to
provide expert assistance in development of local and intergovernmental disaster plans
(Idaho Code §46-1006(3)). The bureau provides standards and criteria, periodically
reviews local and intergovernmental disaster plans, and fulfills other specified needs
(Idaho Code §46-1006(6)).
Local and Intergovernmental Disaster Agencies and Services: Each county served
by the bureau, or by an intergovernmental agency responsible for disaster preparedness,
must maintain or participate in the work of a disaster agency, and prepare and keep
current a disaster emergency plan for its area (Idaho Code §46-1009).
Emergency Response Commission: The statute created an emergency response
commission in the office of the governor to serve as an all-hazards advisory and
coordinating body to the governor (Idaho Code § 46-1019).
The Idaho State Disaster Preparedness Act requires the development of plans and
preparations for disasters and emergencies from natural or manmade causes, enemy
attack, sabotage, or other hostile action. The statute created the Bureau of Disaster
Services, requires local governments to undertake disaster preparedness, and authorizes
state and political subdivisions to execute agreements and cooperate with the federal
government and governments of other states. Also, the statute authorizes the coordination
of activities relating to disaster prevention, preparedness, response, and recovery by all
state agencies, and entities representing federal-state and Canadian interests (Idaho Code
§ 46, Chapter 10 et seq).
The Post-Attack Resource Management Act recognizes that an enemy attack on the
United States may occur, created an office of emergency resource management to execute
a plan for “emergency resource management,” and confers emergency powers on the
governor and officials of political subdivisions. The Act requires coordination with the
federal government, other states and localities, and private agencies, and authorized the
governor to create a state emergency resource planning committee. The governor has
general direction and control of the emergency resources management office, and is
authorized to make, amend, and rescind necessary orders, rules, and regulations. Every
order issued under this statute is subject to judicial inquiry by the state Supreme Court
(Idaho Code §67, Chapter 55 et. seq.).
The governor may declare that a “disaster emergency” exists by executive order or
a proclamation. The declaration continues until the threat has passed, the emergency
conditions no longer exist, or until 30 days have passed. The governor may extend the
declaration for no more than another 30 days. The legislature may terminate a state of
disaster emergency at any time (Idaho Code §46-1008).
After an enemy attack, the governor may declare, “by order,” a post-attack recovery
and rehabilitation emergency. The order does not take effect unless the legislature meets
within 45 days. The governor may control and regulate the sale of food and other goods
and services and direct the use of material and facilities for essential civil needs. If, due
to the attack, filing requirements cannot be met, “public notice by such means as may be
available” may be used. The governor’s power to issue such an order may be terminated
by the legislature, the President, or Congress. Such orders automatically terminate within
six months (Idaho Code §67-5506).
A local disaster emergency may be declared by a mayor or a chairman of county
commissioners (Idaho Code §46-1011).
Types of Assistance
The statute authorizes compensation for services or for taking or use of property as
specified (Idaho Code §46-1012).
County commissioners are authorized to grant time extensions for tax filings or
payments, if deemed necessary as a result of a natural disaster (Idaho Code §63-220).
The Interstate Mutual Aid Compact is codified (Idaho Code §46-1018).
The Emergency Management Assistance Compact is codified (Idaho Code §461018A).
The governor is authorized to enter into interstate emergency or disaster service
compacts with any state (Idaho Code §46-1010).
Political subdivisions that are not part of intergovernmental arrangements will be
assisted by the bureau to make suitable plans for mutual aid in disasters (Idaho Code §461014).
The statute requires that the chief of the bureau of disaster services submit to the
county commission chairs both a written summary of federal emergency management
grants provided to the state and the identification of federal funds provided for direct
assistance to local disaster agencies (Idaho Code § 46-1025).
The governor’s emergency fund, consisting of appropriations, is created for use in
any emergency that was not foreseen or reasonably foreseeable (Idaho Code §57-1601).
The statute created a disaster emergency account as a separate account in the state
treasury to be used to pay for expenses incurred by the state during a declared state of
disaster emergency. The statute also provides for the transfer of moneys from the general
account if needed and if available (Idaho Code § 46-1005A).
In addition to prevention measures included in state, local, and intergovernmental
disaster plans, the bureau is required or authorized to consider steps that could be taken
to prevent or reduce the harmful consequences of disasters. The governor may make
recommendations to the legislature, local governments and other appropriate public and
private entities (Idaho Code §46-1006(5)(i)).
Local governments are encouraged to undertake floodplain management activities
(Idaho Code §46-1022).
Continuity of Government Operations
The legislature, in cases of disaster emergency or enemy attack, will provide for
succession to the powers and duties of public offices, and adopt measures to insure the
continuity of governmental operations (Constitution Art. III, Sec. 27).
The Emergency Relocation Act authorizes the governor to declare an emergency
temporary location for seat of government, which remains the seat of government until
the legislature establishes a new location or the emergency ends. The governing body of
each political subdivision may establish a emergency temporary location of government
(Idaho Code §67-102 to 106). In the event of an attack, the governor shall call the
legislature into session within 90 days. The statute suspends provisions governing
limitations on session length and subjects which may be acted upon (Idaho Code §67422).
The statute provides for the selection of emergency interim successors for legislators,
and authorizes emergency interim successors to assume duties of a legislator upon his or
her death (Idaho Code §67-423, 423A).
The Emergency Interim Executive and Judicial Succession Act provides for officers
to exercise the powers and duties of governor and provides for emergency interim
succession to governmental offices and political subdivisions (Idaho Code § 59-1402).
A state employee who is a certified service volunteer shall be granted paid leave for
up to 120 work hours in any 12 month period to participate in disaster relief services for
the American Red Cross. The statute also authorizes paid leave for part-time employees
(Idaho Code §67-5338).
Limited liability is established for a person or entity who owns, leases, controls,
occupies or maintains any building or property designated by a proper authority for civil
defense as a shelter (Idaho Code § 46-1016).
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Idaho Statutes, with Citations
Bureau of hazardous materials
Idaho Code §46-1002 (10)
Idaho Code §46-1002 (9)
Idaho Code §46-1002 (3)
Disaster emergency account
Idaho Code §46-1002 (8)
Idaho Code §46-1002 (4)
Emergency Idaho Code
Idaho Code §39-7103(2)
Idaho Code §67-5503
Flood (and variants on the word)
Idaho Code §46-1021(2-8)
Idaho Code §39-7103(4)
Hazardous substance incident
Idaho Code §39-7103(3)
Idaho Code §39-7103(5)
Local emergency response authority
Idaho Code §39-7103(6)
Material support or resources
Idaho Code §18-8106(2)
Idaho Code §39-7103
Idaho Code §46-1021 (11)
Private emergency response plan
Idaho Code §39-7103(8)
Search and rescue
Idaho Code §46-1002 (7)
For Further Research
The citations noted above and other elements of the state code for Idaho may be
searched at: [http://www3.state.id.us/idstat/TOC/idstTOC.html].