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Ex. DUT-ID-008 Standing duty Primary source read

Idaho Code section 46-1008 (text as in force March 2020 through May 9, 2021)

The governor and disaster emergencies: force and effect of law; powers during a disaster emergency

Idaho Legislature (Idaho Code tit. 46, ch. 10, State Disaster Preparedness Act) · Idaho (State)

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The record

Jurisdiction
Idaho
Level
State
Authority
Idaho Const. art. III; enacted 1975 Idaho Sess. Laws ch. 212, sec. 2; last pre-pandemic amendment 2016 ch. 118, sec. 11
Issued
2016-07-01 July 1, 2016
Effective
In this text through May 9, 2021; recited in Exs. ID-001, ID-003 to ID-007 (read as 2021-05-09)
End
standing (amended effective May 10, 2021 by H0393, H0392 and H0391, 2021 chs. 355-357, Ex. DUT-ID-010) (read as 2021-05-10)
In force
Standing since May 9, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeTravel and quarantineStanding duty
Addressees
  • persons generally (through proclamations with the force of law); State agencies
Character
statutory authority
Collection
Standing duties: Idaho DUT-ID

Operative words

(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.... (5)... (g) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.

Penalty

None in the Act; the orders issued at the Governor's direction recited Idaho Code § 56-1003(7)(c)

What it required

Gave the Governor's COVID-19 proclamations (Exs. ID-001, ID-002, ID-016 to ID-021, ID-033 to ID-047) 'the force and effect of law' and authorized control of 'the movement of persons within the area, and the occupancy of premises therein'; the Act contains no general penalty section, so the criminal duty to obey the pandemic orders ran through Idaho Code §§ 56-1003(7)(c), 56-1008 and 39-419. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Subsection (7) (2020 text) barred restrictions on firearms only. Sections 46-1011 (local disaster emergencies) and 46-1017 (immunity) were read on the live site; no penalty section exists in chapter 10.