53-2-405 - Local government disaster funds.
53-2-405. Local government disaster funds.
(1) (a) Subject to this section and notwithstanding anything to the contrary contained inTitle 10, Utah Municipal Code, or Title 17, Counties, Title 17B, Limited Purpose LocalGovernment Entities - Local Districts, or Title 17D, Chapter 1, Special Service District Act, thegoverning body of a local government may create and maintain by ordinance a special fundknown as a local government disaster fund.
(b) The local fund shall consist of:
(i) subject to the limitations of this section, monies transferred to it in accordance withSubsection (2);
(ii) any other public or private monies received by the local government that are:
(A) given to the local government for purposes consistent with this section; and
(B) deposited into the local fund at the request of:
(I) the governing body of the local government; or
(II) the person giving the monies; and
(iii) interest or income realized from the local fund.
(c) Interest or income realized from the local fund shall be deposited into the local fund.
(d) Monies in a local fund may be:
(i) deposited or invested as provided in Section 51-7-11; or
(ii) transferred by the local government treasurer to the state treasurer under Section51-7-5 for the state treasurer's management and control under Title 51, Chapter 7, State MoneyManagement Act.
(e) (i) The monies in a local fund may accumulate from year to year until the localgovernment governing body determines to spend any money in the local fund for one or more ofthe purposes specified in Subsection (3).
(ii) Monies in a local fund at the end of a fiscal year:
(A) shall remain in the local fund for future use; and
(B) may not be transferred to any other fund or used for any other purpose.
(2) The amounts transferred to a local fund may not exceed 10% of the total estimatedrevenues of the local government for the current fiscal period that are not restricted or otherwiseobligated.
(3) Monies in the fund may only be used to fund the services and activities of the localgovernment creating the local fund in response to:
(a) a declared disaster within the boundaries of the local government;
(b) the aftermath of the disaster that gave rise to a declared disaster within the boundariesof the local government; and
(c) subject to Subsection (5), emergency preparedness.
(4) (a) A local fund is subject to this part and:
(i) in the case of a town, Title 10, Chapter 5, Uniform Fiscal Procedures Act for UtahTowns, except that:
(A) in addition to the funds listed in Section 10-5-106, the mayor shall prepare a budgetfor the local fund;
(B) Section 10-5-119 addressing termination of special funds does not apply to a localfund; and
(C) the council of the town may not authorize an interfund loan under Section 10-5-120from the local fund;
(ii) in the case of a city, Title 10, Chapter 6, Uniform Fiscal Procedures Act for UtahCities, except that:
(A) in addition to the funds listed in Section 10-6-109, the mayor shall prepare a budgetfor the local fund;
(B) Section 10-6-131 addressing termination of special funds does not apply to a localfund; and
(C) the governing body of the city may not authorize an interfund loan under Section10-6-132 from the local fund; and
(iii) in the case of a county, Title 17, Chapter 36, Uniform Fiscal Procedures Act forCounties, except that:
(A) Section 17-36-29 addressing termination of special funds does not apply to a localfund; and
(B) the governing body of the county may not authorize an interfund loan under Section17-36-30 from the local fund; and
(iv) in the case of a local district or special service district, Title 17B, Chapter 1, Part 6,Fiscal Procedures for Local Districts, except that:
(A) Section 17B-1-625, addressing termination of a special fund, does not apply to alocal fund; and
(B) the governing body of the local district or special service district may not authorizean interfund loan under Section 17B-1-626 from the local fund.
(b) Notwithstanding Subsection (4)(a), transfers of monies to a local fund or theaccumulation of monies in a local fund do not affect any limits on fund balances, net assets, orthe accumulation of retained earnings in any of the following of a local government:
(i) a general fund;
(ii) an enterprise fund;
(iii) an internal service fund; or
(iv) any other fund.
(5) (a) A local government may not expend during a fiscal year more than 10% of themonies budgeted to be deposited into a local fund during that fiscal year for emergencypreparedness.
(b) The amount described in Subsection (5)(a) shall be determined before the adoption ofthe tentative budget.
Amended by Chapter 77, 2009 General Session