29C.20 - CONTINGENT FUND -- DISASTER AID.
29C.20 CONTINGENT FUND -- DISASTER AID.
1. a. A contingent fund is created in the state treasury for
the use of the executive council which may be expended for the
following purposes:
(1) Paying the expenses of suppressing an insurrection or riot,
actual or threatened, when state aid has been rendered by order of
the governor.
(2) Repairing, rebuilding, or restoring state property injured,
destroyed, or lost by fire, storm, theft, or unavoidable cause.
(3) Repairing, rebuilding, or restoring state property that is
fiberoptic cable and that is injured or destroyed by a wild animal.
(4) Purchasing a police service dog for the department of
corrections when such a dog is injured or destroyed.
(5) Paying the expenses incurred by and claims of a homeland
security and emergency response team when acting under the authority
of section 29C.8 and public health response teams when acting under
the provisions of section 135.143.
(6) (a) Aiding any governmental subdivision in an area declared
by the governor to be a disaster area due to natural disasters or to
expenditures necessitated by the governmental subdivision toward
averting or lessening the impact of the potential disaster, where the
effect of the disaster or action on the governmental subdivision is
the immediate financial inability to meet the continuing requirements
of local government.
(b) Upon application by a governmental subdivision in such an
area, accompanied by a showing of obligations and expenditures
necessitated by an actual or potential disaster in a form and with
further information the executive council requires, the aid may be
made in the discretion of the executive council and, if made, shall
be in the nature of a loan up to a limit of seventy-five percent of
the showing of obligations and expenditures. The loan, without
interest, shall be repaid by the maximum annual emergency levy
authorized by section 24.6, or by the appropriate levy authorized for
a governmental subdivision not covered by section 24.6. The
aggregate total of loans shall not exceed one million dollars during
a fiscal year. A loan shall not be for an obligation or expenditure
occurring more than two years previous to the application.
b. When a state department or agency requests that moneys
from the contingent fund be expended to repair, rebuild, or restore
state property injured, destroyed, or lost by fire, storm, theft, or
unavoidable cause, or to repair, rebuild, or restore state property
that is fiberoptic cable and that is injured or destroyed by a wild
animal, or to purchase a police service dog for the department of
corrections when such a dog is injured or destroyed, or for payment
of the expenses incurred by and claims of a homeland security and
emergency response team when acting under the authority of section
29C.8, the executive council shall consider the original source of
the funds for acquisition of the property before authorizing the
expenditure. If the original source was other than the general fund
of the state, the department or agency shall be directed to utilize
moneys from the original source if possible. The executive council
shall not authorize the repairing, rebuilding, or restoring of the
property from the disaster aid contingent fund if it determines that
moneys from the original source are available to finance the project.
2. The proceeds of such loan shall be applied toward the payment
of costs and obligations necessitated by such actual or potential
disaster and the reimbursement of local funds from which such
expenditures have been made. Any such project for repair, rebuilding
or restoration of state property for which no specific appropriation
has been made, shall, before work is begun, be subject to approval or
rejection by the executive council.
3. If the president of the United States, at the request of the
governor, has declared a major disaster to exist in this state, the
executive council may make financial grants to meet disaster-related
necessary expenses, serious needs, or hazard mitigation projects of
local governments and eligible private nonprofit agencies adversely
affected by the major disaster if those expenses or needs cannot
otherwise be met from other means of assistance. The amount of the
grant shall not exceed ten percent of the total eligible expenses and
is conditional upon the federal government providing at least
seventy-five percent for public assistance grants and at least fifty
percent for hazard mitigation grants of the eligible expenses.
4. If the president, at the request of the governor, has declared
a major disaster to exist in this state, the executive council may
make financial grants to meet disaster- related necessary expenses or
serious needs of individuals or families adversely affected by a
major disaster which cannot otherwise adequately be met from other
means of assistance. The amount of a financial grant shall not
exceed the maximum federal authorization in the aggregate to an
individual or family in any single major disaster declared by the
president. All grants authorized to individuals and families will be
subject to the federal government providing no less than seventy-five
percent of each grant and the declaration of a major disaster in the
state by the president of the United States.
5. If the president, at the request of the governor, has declared
a major disaster to exist in this state, the executive council may
lease or purchase sites and develop such sites to accommodate
temporary housing units for disaster victims.
6. For the purposes of this section, "governmental
subdivision" means any political subdivision of this state. &nbs
Section History: Early Form
[C73, § 120; C97, § 170; C24, 27, 31, 35, 39, § 286; C46, 50,
54, 58, 62, 66, 71, 73, 75, § 19.7; C77, 79, 81, § 29C.20] Section History: Recent Form
85 Acts, ch 53, § 2; 85 Acts, ch 195, § 6; 89 Acts, ch 315, § 27;
92 Acts, ch 1139, § 18; 97 Acts, ch 210, §19; 2003 Acts, ch 155, §1;
2003 Acts, ch 179, §105; 2005 Acts, ch 89, §1; 2006 Acts, ch 1185,
§63, 64