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ID S1003
Bill
Status
1/13/2021
Primary Sponsor
State Affairs Committee
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AI Summary
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Governor may proclaim a state of extreme peril and order the National Guard or organized militia into active service when conditions of extreme peril exist, caused by enemy attack, terrorism, or human-caused disasters like fire, flood, epidemic, riot, insurrection, or explosion.
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Governor's emergency powers are limited to promulgating written rules, regulations, and orders necessary to support the National Guard or organized militia and protect life and property, and must not restrict the right of Idahoans to work, provide for families, or contribute to the economy.
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State of extreme peril cannot exceed 30 days unless the legislature extends it by concurrent resolution; the governor may not circumvent the 30-day limit by redeclaring successive states of peril without legislative extension.
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Governor may not impose additional restrictions on lawful manufacturing, possession, sale, transport, or use of firearms or ammunition during a state of extreme peril, insurrection, or martial law, and may not limit rights guaranteed by the United States or Idaho constitutions, including the right to assemble for worship.
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Governor may not alter, adjust, or suspend any provision of the Idaho Code during a state of extreme peril; provisions of this section are declared severable.
Legislative Description
Amends existing law to revise provisions regarding the authority of the governor during a state of extreme peril and to provide that the governor may not alter, adjust, or suspend any provision of the Idaho Code in certain instances.
MARTIAL LAW
Last Action
Reported Printed; referred to State Affairs
1/14/2021