44-146.18:1 - Virginia Disaster Response Funds disbursements; reimbursements
§ 44-146.18:1. Virginia Disaster Response Funds disbursements; reimbursements.
There is hereby created a nonlapsing revolving fund which shall be maintainedas a separate special fund account within the state treasury, andadministered by the Coordinator of Emergency Management, consistent with thepurposes of this chapter. All expenses, costs, and judgments recoveredpursuant to this section, and all moneys received as reimbursement inaccordance with applicable provisions of federal law, shall be paid into thefund. Additionally, an annual appropriation to the fund from the general fundor other unrestricted nongeneral fund, in an amount determined by theGovernor, may be authorized to carry out the purposes of this chapter. Allrecoveries from occurrences prior to March 10, 1983, and otherwise qualifyingunder this section, received subsequent to March 10, 1983, shall be paid intothe fund. No moneys shall be credited to the balance in the fund until theyhave been received by the fund. An accounting of moneys received anddisbursed shall be kept and furnished to the Governor or the General Assemblyupon request.
Disbursements from the fund may be made for the following purposes and noothers:
1. For costs and expenses, including, but not limited to personnel,administrative, and equipment costs and expenses directly incurred by theDepartment of Emergency Management or by any other state agency or politicalsubdivision or other entity, acting at the direction of the Coordinator ofEmergency Management, in and for preventing or alleviating damage, loss,hardship, or suffering caused by emergencies, resource shortages, ordisasters; and
2. For procurement, maintenance, and replenishment of materials, equipment,and supplies, in such quantities and at such location as the Coordinator ofEmergency Management may deem necessary to protect the public peace, health,and safety and to preserve the lives and property and economic well-being ofthe people of the Commonwealth; and
3. For costs and expenses incurred by the Department of Emergency Managementor by any other state agency or political subdivision or other entity, actingat the direction of the Coordinator of Emergency Management, in the recoveryfrom the effects of a disaster or in the restoration of public property orfacilities.
The Coordinator of Emergency Management shall promptly seek reimbursementfrom any person causing or contributing to an emergency or disaster for allsums disbursed from the fund for the protection, relief and recovery fromloss or damage caused by such person. In the event a request forreimbursement is not paid within 60 days of receipt of a written demand, theclaim shall be referred to the Attorney General for collection. TheCoordinator of Emergency Management shall be allowed to recover all legal andcourt costs and other expenses incident to such actions for collection. TheCoordinator is authorized to recover any sums incurred by any other stateagency or political subdivision acting at the direction of the Coordinator asprovided in this paragraph.
(1983, c. 48; 2000, c. 309; 2008, cc. 121, 157.)