§ 4-12-1-15 — Emergency or contingency appropriations; standards for allocation

(a) In the absence of other directions,
purposes or standards specifically imposed therein, or otherwise fixed
by law, an emergency or contingency appropriation to the budget
agency which is general and unrelated to any specific agency of the
state shall be for the general use, respectively, of any agency of the
state, shall be for its emergency or contingency purposes or needs, as
the budget agency, in each situation, shall determine and shall fix the
amount to transfer, and shall order transfer thereof from such
appropriation to the agency of state relieved thereby. From such
emergency or contingency appropriations, the budget agency is hereby
empowered to make and order allocations and transfers to, and to
authorize expenditures by, the various agencies of the state to achieve
the purposes, or meet the needs, circumstances and standards
following, namely:
(1) Necessary expenditures for the preservation of public health,
and for the protection of persons and property which were not
foreseen when the appropriations were made by the previous
general assembly.
(2) Repair of damage to, or replacement of, any building or
equipment owned by the state or by any agency of the state which
has been so damaged as to materially affect the public safety or
utility thereof, or which has been destroyed, if such is necessary
to discharge the functions of the state or of any agency of the
state, and if such damage or loss was caused by sabotage, fire,
flood, wind, war, catastrophe or disaster.
(3) Repair of damage to, or replacement of, any building or
equipment owned by the state or by an agency of the state which
has so depreciated or deteriorated or suffered obsolescence as to
become unusable, but is required in the discharge of necessary
functions of the state or of an agency of the state, and if such
depreciation, deterioration or obsolescence was not foreseen at
the time appropriations were made by the previous general
assembly.
(4) Emergencies resulting from increase of costs or any other
factor or event unforeseen at the time appropriations were made
which render insufficient the appropriated funds for food,
clothing, maintenance or medical care necessary for the operation
of any state institution.
(5) Emergencies resulting from increase in costs or any other
factor or event unforeseen at the time appropriations were made
which render insufficient the appropriated funds for the cost of
instruction or other costs of operation of any of the state
educational institutions.
(6) In addition to and without limitation by the foregoing,
supplementation of an exhausted fund or account of any state
agency, whatever the cause of such exhaustion, if such is found
necessary to accomplish the orderly administration of such state
agency, or the accomplishment of an existing specific state
project. However, it shall be an express condition of any such
supplementation, that the funds shall not serve to authorize a
purpose or purposes which were included in the budget bill, or
budget bills, to the previous general assembly but were wholly
omitted or excluded from appropriations made by the general
assembly.
The provisions of this section shall not change, impair or destroy any
fund previously created, nor be deemed to affect the administration of
any contingency or emergency appropriations made for specific
purposes.
(b) If in the administration of any contingency or emergency
appropriation made to the budget agency, it should appear that the
allocation by the budget agency of funds to any designated other
agency of the state for expenditure is illegal then such appropriation or
fund may, consistent with the provisions of such contingency or
emergency appropriations and with the approval of the governor, be
expended for and on behalf of any other agency of the state by the
budget agency pursuant to the standards set forth in this section. No
provisions in this section are intended to conflict or interfere with the
powers and duties of the state board of finance.
Formerly: Acts 1961, c.123, s.14. As amended by Acts 1977,
P.L.28, SEC.15; P.L.2-2007, SEC.29.