State Disaster Preparedness Act (Idaho Code: Title 46 Militia and Military Affairs; Chapter 10)

Article I The purpose of this compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster that overextends the ability of local and state governments to reduce, coun- teract, or remove the danger. Assistance may include but is not limited to rescue, fire, police, medical, communication, and transportation services and facilities to cope with problems which require use of special equipment, trained personnel, or personnel in large numbers not locally available. Article II

Article I, Section 10, of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of 50 U.S.C. 2281(g) and 2283 and the executive branch, by issuance of Executive Order No. 10186 of December 1, 1950, encourages the states to enter into emergency, disas- ter, and civil defense mutual aid agreements or pacts.

Article III It is agreed by participating states that the following conditions will guide implementation of the compact: (1) Participating states through their designated officials are authorized to request and receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency and other resources are not immediately avail- able. (2) Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it must be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, and personnel or other resources needed. Each request must be signed by an authorized offi- cial. (3) Personnel and equipment of the aiding state made available to the requesting state shall, whenever possible, remain under the control and di- rection of the aiding state. The activities of personnel and equipment of the aiding state must be coordinated by the requesting state. (4) An aiding state has the right to withdraw some or all of its per- sonnel and equipment whenever the personnel and equipment are needed by that state. Notice of intention to withdraw should be communicated to the re- questing state as soon as possible.

Article IV (1) The requesting state shall reimburse the aiding state as soon as possible after the receipt by the requesting state of an itemized voucher re- questing reimbursement of costs. (2) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for any damage to, loss of, or expense in- 12 curred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests. (3) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for the cost of compensation and death bene- fits to injured officers, agents, or employees and their dependents or rep- resentatives if such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement and such payments are made in the same manner and on the same terms as if the injury or death were sustained within the aiding state.

Article V (1) All privileges and immunities from liability, exemptions from law, ordinances, and rules and all pension, disability relief, workers' compen- sation, and other benefits that apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this compact. (2) All privileges and immunities from liability, exemptions from law, ordinances, and rules and workers' compensation and other benefits that ap- ply to duly enrolled or registered volunteers when performing their respec- tive functions at the request of their state and within its territorial lim- its apply to the same extent while performing their functions extraterri- torially under the provisions of this compact. Volunteers may include but are not limited to physicians, surgeons, nurses, dentists, structural engi- neers, and trained search and rescue volunteers. (3) The signatory states, their political subdivisions, municipal or public corporations, and other public agencies shall hold harmless the cor- responding entities and personnel thereof from the other states with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan. (4) Nothing of this arrangement may be construed as repealing or im- pairing any existing interstate mutual aid agreements. (5) Upon enactment of this compact by two (2) or more states, and annu- ally by each January 1 thereafter, the participating states will exchange with each other the names of officials designated to request and provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it is permissible and desirable for the states to exchange operational procedures to be followed in requesting assistance and reimbursing expenses. (6) This compact becomes effective and is binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact becomes effective and binding as to any other state upon similar action by such state. (7) This compact remains binding upon a party state until it enacts a law repealing the compact and providing for the sending of formal written no- tice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal may not take effect until the 30th con- secutive day after the notice has been sent. Such withdrawal does not re- lieve the withdrawing state from its obligations assumed under this compact prior to the effective date of withdrawal. [46-1018, added 1986, ch. 107, sec. 2, p. 295.] 13 46-1018A. EMERGENCY MANAGEMENT ASSISTANCE COMPACT. The legislature of the state of Idaho hereby authorizes the governor of the state of Idaho to enter into a compact on behalf of the state of Idaho with any other state legally joining therein, in the form substantially as follows: EMERGENCY MANAGEMENT ASSISTANCE COMPACT

ARTICLE I PURPOSES AND AUTHORITIES (1) This compact is made and entered into by and between the participat- ing member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions. (2) The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made dis- aster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. (3) This compact shall also provide for mutual cooperation in emer- gency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency pe- riods. Mutual assistance in this compact may include the use of the states' national guard forces, either in accordance with the national guard mutual assistance compact or by mutual agreement between states.

ARTICLE II GENERAL IMPLEMENTATION (1) Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that in- tergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. (2) The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. (3) On behalf of the governor of each state participating in the com- pact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appro- 14 priate interstate mutual aid plans and procedures necessary to implement this compact.

ARTICLE III PARTY STATE RESPONSIBILITIES (1) It shall be the responsibility of each party state to formulate pro- cedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: (a) Review individual state hazards analysis and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack. (b) Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. (c) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or de- veloped plans. (d) Assist in warning communities adjacent to or crossing the state boundaries. (e) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. (f) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reim- bursement or forgiveness. (g) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. (2) The authorized representative of a party state may request assis- tance of another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information: (a) A description of the emergency service function for which assis- tance is needed, including, but not limited to, fire services, law en- forcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (b) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (c) The specific place and time for staging of the assisting party's re- sponse and a point of contact at that location. (3) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the 15 United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.

ARTICLE IV LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protec- tion for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest un- less specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the states in which they are perform- ing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency service authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or upon commence- ment of exercises or training of mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer.

ARTICLE V LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit is- sued by any state party to the compact evidencing the meeting of qualifica- tions for professional, mechanical, or other skills, and when such assis- tance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to ren- der aid involving such skill to meet a declared emergency or disaster, sub- ject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI LIABILITY Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equip- ment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.

ARTICLE VII 16 SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, po- lice, public utility, reconnaissance, welfare, transportation and communi- cations personnel, and equipment and supplies.

ARTICLE VIII COMPENSATION Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and repre- sentatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provisions of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of suf- ficient proportions to so warrant, shall be worked out and maintained be- tween the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evac- uees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the reg- istration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other rele- vant factors. Such plans shall provide that the party state receiving evac- 17 uees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and car- ing for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be re- imbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI IMPLEMENTATION (1) This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter this compact shall become effec- tive as to any other state upon its enactment by such state. (2) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. (3) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be de- posited with each of the party states and with the federal emergency manage- ment agency and other appropriate agencies of the United States government.

ARTICLE XII VALIDITY This compact shall be construed to effectuate the purposes stated in Ar- ticle I hereof. If any provision of this compact is declared unconstitu- tional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the compact and the ap- plicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the national guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the army or the air force would in the absence of express statutory authorization be prohib- ited under section 1385 of title 18, United States Code. [46-1018A, added 2001, ch. 140, sec. 1, p. 502.] 46-1020. PURPOSE AND FINDINGS. (1) The legislature of the state of Idaho finds: (a) That recurring floods in Idaho threaten human life, health and property and that the public interest requires that the floodplains of Idaho be managed and regulated in order to minimize flood hazards to life, health and property. 18 (b) That it is the policy of this state to reduce flood damage and the number of people and structures at risk in flood hazard areas through proper floodplain management, including such measures as floodplain zoning ordinances which require structures to be built at a flood protection elevation and/or with floodproofing. (c) That local units of government have the primary responsibility for planning, adoption and enforcement of land use regulations to accom- plish this proper floodplain management. Furthermore, they are best able to adopt and implement comprehensive floodplain management pro- grams that include nonregulatory techniques to accomplish the purposes of this act in cooperation with federal, state and local agencies. (2) The purpose of this act is: (a) To protect human life, health and property; (b) To preserve floodplains for the purpose of carrying and storing flood waters; (c) To reduce the public cost of providing emergency services, flood control structures and rebuilding public works damaged by floods; (d) To protect the tax base and jobs in Idaho; (e) To reduce the threat of increased damage to existing development; (f) To encourage the orderly development and wise use of floodplains; (g) To minimize interruptions to business; (h) To prevent increased flooding and erosion caused by improper devel- opment. [46-1020, added 1998, ch. 301, sec. 1, p. 992.] 46-1021. DEFINITIONS. As used in this act: (1) "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term "development" does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion struc- ture or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. (2) "Flood" means a general or temporary condition of partial or com- plete inundation of normally dry land areas caused by the overflow or rise of rivers, streams or lakes, or the unusual and rapid accumulation or runoff of surface waters from any source. (3) "Flood fringe" is that portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood. (4) "Floodplain" is the land that has been or may be covered by floodwa- ters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe. (5) "Floodplain management" is the analysis and integration of the en- tire range of measures that can be used to prevent, reduce or mitigate flood damage in a given location, and that can protect and preserve the natural, environmental, historical, and cultural values of the floodplain. 19 (6) "Floodproofing" means the modifications of structures, their sites, building contents and water and sanitary facilities, to keep water out or reduce the effects of water entry. (7) "Flood protection elevation" means an elevation that shall cor- respond to the elevation of the one percent (1%) chance flood (one hundred (100) year flood) plus any increased flood elevation due to floodway en- croachment, plus any required freeboard. (8) "Floodway" is the channel of the river or stream and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood. (9) "Freeboard" represents a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard shall compensate for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruc- tion of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and the sedimentation of a river or stream bed. (10) "Local government," in the context of this chapter, means any county or city having planning and zoning authority to regulate land use within its jurisdiction. (11) "Mitigation" means any action taken which will reduce the impact, damage or cost of the next flood that occurs. (12) "Person" means any individual, group of individuals, corporation, partnership, association, political subdivision, public or private agency or entity. (13) "Regulatory flood" is a flood determined to be representative of large floods known to have occurred in Idaho and which may be expected to occur on a particular stream because of like physical characteristics. The regulatory flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff character- istics in the watershed. In inland areas, the flood frequency of the regu- latory flood is once in every one hundred (100) years; this means that in any given year there is a one percent (1%) chance that a regulatory flood may oc- cur or be exceeded. [46-1021, added 1998, ch. 301, sec. 1, p. 993; am. 2010, ch. 141, sec. 1, p. 298; am. 2014, ch. 72, sec. 5, p. 187.] 46-1022. LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDI- NANCES. Subject to the availability of adequate mapping and data to properly identify the floodplains, if any, within its jurisdiction, each local government is encouraged to adopt a floodplain map and floodplain management ordinance which identifies these floodplains and which requires, at a minimum, that any development in a floodplain must be constructed at a flood protection elevation and/or have adequate floodproofing. The local government may regulate all mapped and unmapped floodplains within its jurisdiction. Nothing in this act shall prohibit a local government from adopting more restrictive standards than those contained in this chapter. Floodplain zoning ordinances shall not regulate the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion struc- ture or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. If not otherwise exempt from approval, a flood control district's conduct of a 20 "flood fight," as defined in section 42-3103, Idaho Code, shall not require prior local government approval provided all such approvals are obtained within a reasonable time after the imminent flooding event has ended. [46-1022, added 1998, ch. 301, sec. 1, p. 994; am. 2010, ch. 141, sec. 2, p. 299; am. 2014, ch. 72, sec. 6, p. 188.] 46-1023. ENFORCEMENT AND SANCTIONS. (1) Development constructed or maintained in violation of any local floodplain management ordinance that conforms to the provisions of this chapter is hereby declared to be a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action of the state, any local unit of government of the state or any citizen thereof. (2) If, after the effective date of this chapter, a local government allows any development in a floodplain below the flood protection elevation without adequate floodproofing, that development shall not, in the event of a disaster emergency involving flooding in that floodplain, be eligible to receive any matching funds from the state for any federal disaster assis- tance program which may be available as a result of said flooding in that floodplain. The owner of the development will be required to rely on flood insurance to insure their property against the risk of loss incurred by their development in the floodplain in contravention of the intent of this chap- ter. [46-1023, added 1998, ch. 301, sec. 1, p. 994.] 46-1024. SEVERABILITY. If any provision of this chapter or its appli- cation to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applica- tions of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable. [46-1024, added 1998, ch. 301, sec. 1, p. 995.] 46-1025. FEDERAL FUNDS TO POLITICAL SUBDIVISIONS. (1) Annually, the chief of the Idaho office of emergency management shall prepare a written summary of all grants received from the federal emergency management agency to be distributed to the forty-four (44) county commission chairmen. The summary shall list those federal funds that are eligible for direct assis- tance to local disaster agencies in accordance with section 46-1009(2), Idaho Code, and those funds that are limited to use by the state and not eligible for direct assistance to local disaster agencies. (2) Not less than thirty-four percent (34%) of the eligible direct assistance funds shall be subgranted by the Idaho office of emergency management to the local disaster agencies. Funds shall be distributed to the local disaster agencies subject to the provisions and rules of the Idaho office of emergency management, the federal emergency management agency through the Robert T. Stafford Act, title 44 of the code of federal regulations, and pertinent circulars published by the United States office of management and budget. (3) Direct financial assistance to the local disaster agencies is not an entitlement. Subgrants are awarded through the Idaho office of emergency management for the purpose of assisting counties to achieve goals and objec- tives outlined in an approved county grant proposal. 21 [46-1025, added 2000, ch. 442, sec. 2, p. 1403; am. 2004, ch. 58, sec. 12, p. 276; am. 2016, ch. 118, sec. 18, p. 340.] 46-1026. DEFINITIONS. As used in this section and section 46-1027, Idaho Code, the following terms shall have the following meanings: (1) "Idaho technical rescue (ITR) teams" means a specialized team or group of teams formed pursuant to this section and section 46-1027, Idaho Code, organized with capabilities established under the federal emergency management agency national resource typing system in order to assist in the removal of trapped victims in emergency situations including, but not lim- ited to, collapsed structures, confined spaces, trench excavations, ele- vated locations and other technical rescue situations. (2) "Specialty rescue team (SRT)" means a specialized team, formed pursuant to this section and section 46-1027, Idaho Code, organized to provide technical rescue assistance to supplement and work under first responders and local incident commanders including, but not limited to, cave rescue, mine and tunnel rescue and vehicle/machinery extrication and swift water/flood teams. Such teams shall be aligned with one (1) or more of the categories within the federal emergency management agency's national resource typing system. (3) "Idaho incident management and support teams (IIMAST)" means a type 3 incident management team, which is a multiagency/multijurisdiction team for extended incidents, formed and managed at the state, regional or metropolitan level deployed as a team of trained personnel to manage major and/or complex incidents requiring a significant number of local, regional and state resources and incidents that extend into multiple operational periods and require a written incident action plan (IAP) that may be utilized at all hazard type incidents. These teams may initially manage larger, more complex incidents prior to arrival of and transition to a type 2 or type 1 incident management team (IMT) under the direction of the agency having the jurisdiction. (4) "Person" shall have the definition ascribed to it in section 46-1021, Idaho Code. [46-1026, added 2010, ch. 179, sec. 2, p. 367.] 46-1027. MILITARY DIVISION -- IDAHO OFFICE OF EMERGENCY MANAGEMENT -- ADDITIONAL POWERS AND DUTIES. (1) The military division through the Idaho office of emergency management shall implement the provisions of this sec- tion and section 46-1026, Idaho Code, and in so doing, the military division may: (a) Through the Idaho office of emergency management, in accordance with the laws of the state, hire, fix the compensation and prescribe the powers and duties of such other individuals including consultants, emergency teams and committees as may be necessary to carry out the provisions of this section and section 46-1026, Idaho Code. (b) Identify and implement ITR and specialty rescue teams that have appropriately trained personnel and necessary equipment to respond to technical rescue incidents and emergency disaster events. The military division shall enter into a written joint exercise of powers agreement with each entity or person providing equipment or services to a desig- nated ITR or specialty rescue team. The teams shall be available and may respond to technical rescue incidents at the direction of the military division or its designee. When responding solely at the direction of 22 the local incident commander, no cost recovery from the state of Idaho shall be available to ITR teams. (c) Identify and implement an Idaho incident management and support team (IIMAST) that has appropriately trained personnel to the type 3 level and necessary equipment to respond to all hazard incidents. The military division shall enter into a joint exercise of powers agreement with each entity or person providing equipment or services to a desig- nated IIMAST member. The teams shall be available and may respond to all hazard incidents at the direction of the military division or its designee. When responding solely at the direction of the local incident commander, no cost recovery from the state of Idaho shall be available to IIMAST teams. (d) Contract with persons to meet state emergency response needs for the teams and response authorities. (e) Advise, consult and cooperate with agencies of the state and fed- eral government, other states and their state agencies, cities, coun- ties, tribal governments and other persons concerned with technical, rescue and all hazard incident disasters. (f) Encourage, participate in or conduct studies, investigations, training, research and demonstrations for and with Idaho technical rescue (ITR) teams, specialty rescue teams (SRT), Idaho incident management and support teams (IIMAST), local emergency response au- thorities and other interested persons. (g) Collect and disseminate information relating to emergency response to technical rescue related events and all hazards incident disasters. (h) Accept and administer loans, grants or other funds or gifts, con- ditional or otherwise, made to the state for emergency response activi- ties provided for in this section and section 46-1026, Idaho Code. (i) Submit an annual report prior to February 1 to the governor and to the legislature concerning emergency response to technical rescue re- lated events and disasters. (2) The military division through the Idaho office of emergency manage- ment shall have authority to promulgate rules and provide procedures to: (a) Govern reimbursement of claims pursuant to this section when a dis- aster has been declared pursuant to chapter 10, title 46, Idaho Code. (b) Provide for credentialing of Idaho technical rescue (ITR) teams, specialty rescue teams (SRT), and Idaho incident management and support teams (IIMAST) and for the identification and operation of all teams established pursuant to this section and section 46-1026, Idaho Code, and in accordance with the national incident management system, the national response framework and nationally recognized standards. (c) Establish a credentialing program to review and evaluate new and existing local and regional technical rescue capabilities and provide recommendations for capability enhancement in accordance with the na- tional incident management system, the national response framework and nationally recognized standards. (3) Consistent with the provisions of subsections (4) and (5) of this section, the state of Idaho shall be liable for the acts or omissions of the Idaho technical rescue (ITR), specialty rescue teams (SRT) and Idaho inci- dent management and support (IIMAST) teams responding to a technical rescue or all hazard incidents as a management team and the designating or request- ing city or county shall be liable for the acts or omissions of a local emer- 23 gency response authority responding to a technical rescue incident within its jurisdiction. (4) Notwithstanding any other provision of law to the contrary, any Idaho technical rescue (ITR) team, speciality rescue team (SRT), Idaho incident management and support team (IIMAST), local emergency response au- thority or other person or group of persons who respond to a technical rescue incident or all hazard incidents as a management team at the request of an incident commander shall not be subject to civil liability for assistance or advice, except as provided in subsection (5) of this section. (5) The exemption from civil liability provided in this section shall not apply to an act or omission that caused, in whole or in part, such tech- nical rescue or all hazard incident management response to a person who may otherwise be liable therefor or any person who has acted in a grossly negli- gent, reckless or intentional manner. (6) Nothing in this section shall be construed to abrogate the immunity granted to governmental entities pursuant to chapter 9, title 6, Idaho Code. [46-1027, added 2010, ch. 179, sec. 3, p. 368; am. 2016, ch. 118, sec. 19, p. 341.]