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H 97

STATE DISASTER PREPAREDNESS ACT – Adds to existing law to provide for certain voluntary noncompliance and acceptance of risks.

68th Legislature, 1st Regular Session (2025)

Idaho H97 allows people to refuse evacuation orders, but they must accept all risks and reimburse rescue costs if rescued, effective July 1, 2025.

Reported Signed by Governor on March 11, 2025 Session Law Chapter 26 Effective: 07/01/2025
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Bill Summary · H 97

Summary of Idaho H 97 — State Disaster Preparedness Act

A newly enacted bill adding a new provision to the State Disaster Preparedness Act allows individuals to voluntarily refuse evacuation orders, while imposing explicit risk acceptance and cost-recovery requirements on those who choose not to evacuate.

Purpose and intent

  • Add a new section (46-1008A) to Idaho Code, Chapter 10, Title 46, to address voluntary noncompliance with evacuation orders.
  • Create a framework where individuals may stay in a regulated evacuation area but must bear the consequences, including reimbursing rescue costs if a government entity or cooperating nonprofit conducts a rescue.

Key provisions

1) Voluntary noncompliance with evacuation orders
- A person may choose not to evacuate even when ordered or compelled to do so under the chapter.

2) Responsibilities of individuals who stay
- The individual must:
- (a) Accept all risks and liabilities associated with staying.
- (b) Reimburse a governmental entity or a cooperating nonprofit for rescue costs if a rescue is performed for that individual after they chose not to evacuate.

Fiscal note (as stated by proponents)

  • The sponsor’s fiscal note indicates the repeal/creation of this provision would not cost money and may save taxpayers up to $10,000 annually.
  • Note: The fiscal note is labeled as a statement from the bill’s proponent and is not a formal state fiscal analysis.

Effective date and emergency status

  • The act declares itself to be an emergency measure.
  • Effective date: July 1, 2025 (Section 2 establishes full force and effect on/after that date).
  • Status: Reported and signed by the Governor on March 11, 2025; Chapter 26, Session Law.

Legislative history (highlights)

  • Introduced: January 30, 2025
  • Passed House: February 20–March 6, 2025 (various readings; roll calls show broad support)
  • Passed Senate: March 6–March 10, 2025 (enrolled and transmitted)
  • Governor signed: March 11, 2025

Who is affected

  • Individuals ordered to evacuate within Idaho’s disaster/emergency system
  • Government entities (state, local) and nonprofit organizations that conduct rescues
  • Emergency responders and search-and-rescue operations
  • Property owners choosing not to evacuate

Potential impacts and considerations

  • Liability dynamics: Establishes explicit liability/wallet liability for those who stay; rescues may impose costs on individuals.
  • Resource implications: Possible changes in how rescue resources are allocated, knowing reimbursements may be sought.
  • Legal clarity: Provides a clear statutory option for voluntary noncompliance, paired with risk acceptance and cost-recovery.
  • Public safety trade-off: Balances individual choice with a mechanism to recover public costs; may influence evacuation compliance behavior.

Bottom line

H 97 creates a formal pathway for voluntary noncompliance with evacuation orders, attaching a duty to accept risks and reimburse rescue costs when rescues occur. It becomes effective July 1, 2025, after swift passage and gubernatorial approval earlier in 2025.

Compiled from official sources — confirm details with the bill’s official record.

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