53-2-403 - State Disaster Recovery Restricted Account.
53-2-403. State Disaster Recovery Restricted Account.
(1) (a) There is created a restricted account in the General Fund known as the "StateDisaster Recovery Restricted Account."
(b) The disaster recovery fund shall consist of:
(i) monies deposited into the disaster recovery fund in accordance with Section63J-1-314;
(ii) monies appropriated to the disaster recovery fund by the Legislature; and
(iii) any other public or private monies received by the division that are:
(A) given to the division for purposes consistent with this section; and
(B) deposited into the disaster recovery fund at the request of:
(I) the division; or
(II) the person giving the monies.
(c) The Division of Finance shall deposit interest or other earnings derived frominvestment of fund monies into the General Fund.
(d) Subject to being appropriated by the Legislature, monies in the disaster recovery fundmay only be expended or committed to be expended as follows:
(i) (A) subject to Section 53-2-406, in any fiscal year the division may expend or committo expend an amount that does not exceed $250,000, in accordance with Section 53-2-404, tofund costs to the state of emergency disaster services in response to a declared disaster;
(B) subject to Section 53-2-406, in any fiscal year the division may expend or commit toexpend an amount that exceeds $250,000, but does not exceed $1,000,000, in accordance withSection 53-2-404, to fund costs to the state of emergency disaster services in response to adeclared disaster if the division:
(I) before making the expenditure or commitment to expend, obtains approval for theexpenditure or commitment to expend from the governor;
(II) subject to Subsection (4), provides written notice of the expenditure or commitmentto expend to the speaker of the House of Representatives, the president of the Senate, theDivision of Finance, and the Office of the Legislative Fiscal Analyst no later than 72 hours aftermaking the expenditure or commitment to expend; and
(III) makes the report required by Subsection 53-2-406(2); and
(C) subject to Section 53-2-406, in any fiscal year the division may expend or commit toexpend an amount that exceeds $1,000,000, but does not exceed $3,000,000, in accordance withSection 53-2-404, to fund costs to the state of emergency disaster services in response to adeclared disaster if, before making the expenditure or commitment to expend, the division:
(I) obtains approval for the expenditure or commitment to expend from the governor; and
(II) submits the expenditure or commitment to expend to the Executive AppropriationsCommittee in accordance with Subsection 53-2-406(3); and
(ii) subject to being appropriated by the Legislature, monies not described in Subsection(1)(d)(i) may be expended or committed to be expended to fund costs to the state directly relatedto a declared disaster that are not costs related to:
(A) emergency disaster services;
(B) emergency preparedness; or
(C) notwithstanding whether or not a county participates in the Wildland FireSuppression Fund created in Section 65A-8-204, any fire suppression or presuppression coststhat may be paid for from the Wildland Fire Suppression Fund if the county participates in the
Wildland Fire Suppression Fund.
(2) The state treasurer shall invest monies in the disaster recovery fund according to Title51, Chapter 7, State Money Management Act.
(3) (a) Except as provided in Subsection (1), the monies in the disaster recovery fundmay not be diverted, appropriated, expended, or committed to be expended for a purpose that isnot listed in this section.
(b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate monies fromthe disaster recovery fund to eliminate or otherwise reduce an operating deficit if the moniesappropriated from the disaster recovery fund are expended or committed to be expended for apurpose other than one listed in this section.
(c) The Legislature may not amend the purposes for which monies in the disasterrecovery fund may be expended or committed to be expended except by the affirmative vote oftwo-thirds of all the members elected to each house.
(4) The division:
(a) shall provide the notice required by Subsection (1)(d)(i)(B) using the best availablemethod under the circumstances as determined by the division; and
(b) may provide the notice required by Subsection (1)(d)(i)(B) in electronic format.
Amended by Chapter 370, 2010 General Session