§ 63-6802. Transfer of monies from state funds – Conditions.

A.  During a catastrophic health emergency, the Governor may transfer from any fund available to the Governor in the State Treasury sums of money as may be necessary during a state of catastrophic health emergency.

B.  Monies so transferred shall be repaid to the fund from which they were transferred when monies become available for that purpose, by legislative appropriation or otherwise.

C.  A transfer of funds by the Governor under the provisions of this section may be made only when one or more of the following conditions exist:

1.  No appropriation or other authorization is available to meet the catastrophic health emergency;

2.  An appropriation is insufficient to meet the catastrophic health emergency; or

3.  Federal monies available for such a catastrophic health emergency require the use of state or other public monies.

D.  All expenses incurred by the state during a state of catastrophic health emergency shall be subject to the following limitations:

1.  No expense shall be incurred against the monies authorized under this section, without the general approval of the Governor;

2.  The aggregate amount of all expenses incurred pursuant to this section shall not exceed Fifty Million Dollars ($50,000,000.00) for any fiscal year; and

3.  Monies authorized for a state of catastrophic health emergency in prior fiscal years may be used in subsequent fiscal years only for the catastrophic health emergency for which they were authorized.  Monies authorized for a catastrophic health emergency in prior fiscal years, and expended in subsequent fiscal years for the catastrophic health emergency for which they were authorized, apply toward the fifty-million-dollar expense limit for the fiscal year in which they were authorized.

Added by Laws 2003, c. 473, § 23.