2005 Idaho Code - 46-1005A — DISASTER EMERGENCY ACCOUNT

                                  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 during a declared state of disaster
emergency.
    (2)  In order to pay said obligations and expenses in coping with 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
    account, created pursuant to section 67-1205, Idaho Code, to the disaster
    emergency account, provided that in the governor's judgment sufficient
    general account moneys will be available to support the full general
    account 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) above are inadequate to meet the above mentioned
    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 section 46-1005A (2) (b) and (c), Idaho Code, for any and all
emergency purposes exceed, during any fiscal year, one percent (1%) of the
annual appropriation of general account moneys for that fiscal year.