§ 20-7-130 - Recovery of expenditures for extraordinary operations.
20-7-130. Recovery of expenditures for extraordinary operations.
(a) The purpose of this section is to more equitably allocate the costs between the state and responsible parties when unforeseen circumstances arise as a result of accidents and other man-made causes which require assistance from the Division of Health of the Department of Health and Human Services. The authority to recover these expenses would enable the division to replace funds budgeted for routine activities which were spent for a division response to nonroutine, unplanned circumstances creating the potential for adverse health effects such as transportation accidents involving food and drugs, environmental contamination, and food product contamination.
(b) (1) The State Board of Health may promulgate rules and regulations necessary to carry out the intent and purpose of this section.
(2) In adopting these rules, the board shall define the circumstances under which recovery should be pursued and the method to determine the amount of each recovery, which shall be based on costs.
(c) The division may recover from the responsible party or parties actual costs incurred in participation during extraordinary, time-consuming operations such as damage assessment, sampling, monitoring, health studies, and product evaluations which arise from unforeseen circumstances.
(d) All moneys levied and collected under this section are special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.
(e) Subject to rules and regulations as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the division may transfer all unexpended funds relative to the recovery of expenditures program that pertain to moneys collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.