35-192

35-192. Authorization for declaration of
disaster; authorization for liabilities and expenses; priorities
and limitations; review and report of expenditures

A. The governor may declare an emergency arising from such major disasters as
provided in this section and incur liabilities therefor, regardless of whether or not the
legislature is in session.

B. When the governor, or the director of the division of emergency management in
the department of emergency and military affairs pursuant to section 26-303, subsection
H, determines that a contingency or disaster so justifies, and declares an emergency,
specific liabilities and expenses provided for in this section are authorized to be
incurred against and to be paid as claims against the state from unrestricted monies from
the general fund to mitigate and meet contingencies and emergencies arising from:

1. Invasions, hostile attacks, riots or insurrections.

2. Epidemics of disease or plagues of insects.

3. Floods or floodwaters.

4. Acts of God or any major disaster.

5. Wild land fires, but only after all necessary authorizations under section
37-623.02 are exhausted.

C. When authorized by the governor, specific liabilities and expenses provided for
in this section may be incurred against and may be paid as claims against the state from
unrestricted monies from the general fund to meet contingencies and emergencies arising
from incidents relating to hazardous materials as defined in section 26-301 and search or
rescue operations conducted pursuant to section 11-251.02, section 11-441, subsection C
or section 26-306 subject to the limitations provided in section 35-192.01.

D. Liabilities and expenses authorized under the provisions of subsection B of this
section may be incurred for any of the emergencies or contingencies prescribed in
subsection B of this section in the following order of priority:

1. Reimbursement for expenses incurred to combat a menace to the health, lives or
property of any considerable number of persons of the state, or to property of the state
or its political subdivisions.

2. Reimbursement for expenses incurred to repair damage to any property of the
state.

3. Reimbursement for expenses incurred to repair damage to any property of the
political subdivisions of the state.

4. Reimbursement for expenses incurred in search or rescue operations.

5. Reimbursement for expenses incurred in emergency or disaster recovery activities
or in matching federal disaster recovery programs.

6. Reimbursement for expenses for property loss mitigation measures or to match
federal property loss mitigation programs.

E. The auditor of the department of emergency and military affairs shall review
liabilities incurred and expenditures made under this section and report to the state
emergency council at ninety day intervals during the emergency and conduct a final review
of each emergency within ninety days after the termination of the emergency. The state
emergency council shall make a written report not later than August 1 of each year to the
legislature of the actions of the state emergency council during the preceding fiscal
year including an itemized statement of expenditures for each emergency during the year.

F. All liabilities incurred under the provisions of this section shall be subject
to the following limitations:

1. No liability shall be incurred against the monies authorized without the
approval of the governor, or the adjutant general pursuant to section 26-303, subsection
H, for each contingency or emergency.

2. Incurring of liabilities in excess of two hundred thousand dollars in any single
disaster or emergency shall not be made without consent of a majority of the members of
the state emergency council.

3. The aggregate amount of all liabilities incurred under the provisions of this
section shall not exceed four million dollars for any fiscal year beginning July 1
through June 30. Monies authorized for disasters and emergencies in prior fiscal years
may be used in subsequent fiscal years only for the disaster or emergency for which they
were authorized. Monies authorized for disasters and emergencies in prior fiscal years,
and expended in subsequent fiscal years for the disaster or emergency for which they were
authorized, apply toward the four million dollar liability limit for the fiscal year in
which they were authorized.

4. An obligation of monies under the provisions of this section may be made only
when one or more of the following conditions exist:

(a) No appropriation or other authorization is available to meet the contingency or
emergency.

(b) An appropriation is insufficient to meet the contingency or emergency.

(c) Federal monies available for such contingency or emergency require the use of
state or other public monies.

G. The director of the division of emergency management in the department of
emergency and military affairs shall develop rules for administering the monies
authorized for liabilities under this section, subject to approval by the governor.