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Ex. DUT-ID-009 Standing duty Primary source read

Idaho Code section 46-601 (text as in force March 2020 through May 9, 2021)

Governor's authority: state of extreme emergency; police power; rules, regulations and orders

Idaho Legislature (Idaho Code tit. 46, ch. 6) · Idaho (State)

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The record

Jurisdiction
Idaho
Level
State
Authority
Idaho Const. art. III and art. IV, § 5
Issued
2020-06-06 June 6, 2020
Effective
In this text through May 9, 2021; recited in Exs. ID-002, ID-003 to ID-007 and ID-020 (read as 2021-05-09)
End
standing (repealed and re-enacted effective May 10, 2021 by S1217, 2021 ch. 359, Ex. DUT-ID-019) (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 declarationStanding duty
Addressees
  • State agencies; persons generally through rules and orders issued under it
Character
statutory authority
Collection
Standing duties: Idaho DUT-ID

Operative words

During a period of a state of extreme emergency, the governor shall have... the right to exercise... all police power vested in the state by the constitution and the laws of the state of Idaho. In the exercise thereof he is authorized to promulgate, issue and enforce rules, regulations and orders which he considers necessary for the protection of life and property.

Penalty

None stated in the section; enforcement through the orders' own penalty clauses (Idaho Code § 56-1003(7)(c))

What it required

Placed the State's police power in the Governor during the extreme emergency declared March 25, 2020 (Ex. ID-002) and re-found in every thirty-day renewal, and authorized rules and orders 'for the protection of life and property' which 'shall take effect upon their issuance'; the constitutional and statutory basis recited with § 46-1008 and § 56-1003(7) in the Order to Self-Isolate and the Stay Healthy Orders. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Extreme emergency defined to include 'the duly proclaimed existence of' conditions of disaster or extreme peril to persons or property. The Governor's Proclamation of March 25, 2020 found 'a condition of extreme peril to the safety of persons and property' and 'an extreme emergency within the State of Idaho' (Ex. ID-002).