TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 10

STATE DISASTER PREPAREDNESS ACT

46-1005A.  Disaster emergency account. (1) There is hereby created and established in the state treasury a separate account to be known as the disaster emergency account, which account shall be administered by the governor or his designee. The account shall only be used to pay obligations and expenses incurred by the state of Idaho arising out of a declared state of disaster emergency.

(2)  In order to pay said obligations and expenses arising out of a declared state of disaster emergency the governor shall expend state money as follows:

(a)  The governor shall use any moneys available in the disaster emergency account.

(b)  In the event the disaster emergency account is inadequate to satisfy said obligations and expenses, the governor is empowered to direct, by executive order, the state controller to transfer moneys from the general fund, created pursuant to section 67-1205, Idaho Code, to the disaster emergency account, provided that in the governor’s judgment sufficient general fund moneys will be available to support the full general fund appropriations for the current fiscal year.

(c)  In addition to any purpose for which they have previously been created, all funds, excluding constitutionally created funds or funds limited in their application by the constitution of the state of Idaho, are hereby expressly declared to be appropriated for the purpose of effectuating the purposes of this act. If the moneys made available in paragraphs (a) and (b) of this subsection are inadequate to meet such obligations and expenses, the governor is empowered to direct the state controller, by executive order, to transfer to the disaster emergency account moneys from any eligible account in order to pay said obligations and expenses; provided, that in the governor’s judgment, the moneys transferred are not required to support the current year’s appropriation of the affected accounts.

(d)  In the event that restitution is made to the state from nonstate sources to reimburse the state for costs incurred in responding to a state of disaster emergency, the governor may use funds from the restitution to reimburse accounts from which funds were drawn to pay for the state’s response to the emergency.

(3)  In addition to any other purpose for which they might have been appropriated, all moneys made available by this act to be used in the event of a disaster emergency are hereby perpetually appropriated for the purpose set forth in this section according to the limitations established by this section and the constitution of the state of Idaho. In no event may the revenues made available by subsection (2)(b) and (c) of this section for any and all emergency purposes exceed, during any fiscal year, one percent (1%) of the annual appropriation of general fund moneys for that fiscal year.

(4)  The provisions of this section are hereby declared to be severable. If any provision of this section or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

History:

[46-1005A, added 1981, ch. 320, sec. 3, p. 668; am. 1988, ch. 279, sec. 1, p. 910; am. 1994, ch. 180, sec. 88, p. 486; am. 2021, ch. 225, sec. 1, p. 696.]