This document includes House Committee Amendments incorporated into the bill on Fri, Feb 19, 2016 at 12:09 PM by cynthiahopkin.



Chief Sponsor: Karen Mayne

House Sponsor: Lee B. Perry


8     General Description:
9          This bill modifies the Public Safety Code regarding emergency assistance during a
10     declared disaster.
11     Highlighted Provisions:
12          This bill:
13          ▸      authorizes the Division of Emergency Management to conduct a feasibility study
14     regarding establishing a contract with the United States Postal Service to help with
15     emergency response services during a declared disaster; and
16          ▸     requires the Division of Emergency Management to report to the Business and
17     Labor Interim Committee Ĥ→ and the Law Enforcement and Criminal Justice Interim
17a     Committee ←Ĥ by November 30, 2016, regarding the feasibility study.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-2a-204, as last amended by Laws of Utah 2015, Chapter 258

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53-2a-204 is amended to read:

28          53-2a-204. Authority of governor -- Federal assistance -- Fraud or willful
29     misstatement in application for financial assistance -- Penalty.
30          (1) In addition to any other authorities conferred upon the governor, if the governor
31     issues an executive order declaring a state of emergency, the governor may:
32          (a) utilize all available resources of state government as reasonably necessary to cope
33     with a state of emergency;
34          (b) employ measures and give direction to state and local officers and agencies that are
35     reasonable and necessary for the purpose of securing compliance with the provisions of this
36     part and with orders, rules, and regulations made pursuant to this part;
37          (c) recommend and advise the evacuation of all or part of the population from any
38     stricken or threatened area within the state if necessary for the preservation of life;
39          (d) recommend routes, modes of transportation, and destination in connection with
40     evacuation;
41          (e) in connection with evacuation, suspend or limit the sale, dispensing, or
42     transportation of alcoholic beverages, explosives, and combustibles, not to include the lawful
43     bearing of arms;
44          (f) control ingress and egress to and from a disaster area, the movement of persons
45     within the area, and recommend the occupancy or evacuation of premises in a disaster area;
46          (g) clear or remove from publicly or privately owned land or water debris or wreckage
47     that is an immediate threat to public health, public safety, or private property, including
48     allowing an employee of a state department or agency designated by the governor to enter upon
49     private land or waters and perform any tasks necessary for the removal or clearance operation if
50     the political subdivision, corporation, organization, or individual that is affected by the removal
51     of the debris or wreckage:
52          (i) presents an unconditional authorization for removal of the debris or wreckage from
53     private property; and
54          (ii) agrees to indemnify the state against any claim arising from the removal of the
55     debris or wreckage;
56          (h) enter into agreement with any agency of the United States:
57          (i) for temporary housing units to be occupied by victims of a state of emergency or
58     persons who assist victims of a state of emergency; and

59          (ii) to make the housing units described in Subsection (1)(h)(i) available to a political
60     subdivision of this state;
61          (i) assist any political subdivision of this state to acquire sites and utilities necessary for
62     temporary housing units described in Subsection (1)(h)(i) by passing through any funds made
63     available to the governor by an agency of the United States for this purpose;
64          (j) subject to Sections 53-2a-209 and 53-2a-214, temporarily suspend or modify by
65     executive order, during the state of emergency, any public health, safety, zoning, transportation,
66     or other requirement of a statute or administrative rule within this state if such action is
67     essential to provide temporary housing described in Subsection (1)(h)(i);
68          (k) upon determination that a political subdivision of the state will suffer a substantial
69     loss of tax and other revenues because of a state of emergency and the political subdivision so
70     affected has demonstrated a need for financial assistance to perform its governmental
71     functions, in accordance with Utah Constitution, Article XIV, Sections 3 and 4, and Section
72     10-8-6:
73          (i) apply to the federal government for a loan on behalf of the political subdivision if
74     the amount of the loan that the governor applies for does not exceed 25% of the annual
75     operating budget of the political subdivision for the fiscal year in which the state of emergency
76     occurs; and
77          (ii) receive and disburse the amount of the loan to the political subdivision;
78          (l) accept funds from the federal government and make grants to any political
79     subdivision for the purpose of removing debris or wreckage from publicly owned land or
80     water;
81          (m) upon determination that financial assistance is essential to meet expenses related to
82     a state of emergency of individuals or families adversely affected by the state of emergency that
83     cannot be sufficiently met from other means of assistance, apply for, accept, and expend a grant
84     by the federal government to fund the financial assistance, subject to the terms and conditions
85     imposed upon the grant;
86          (n) recommend to the Legislature other actions the governor considers to be necessary
87     to address a state of emergency; or
88          (o) authorize the use of all water sources as necessary for fire suppression.
89          (2) A person who fraudulently or willfully makes a misstatement of fact in connection

90     with an application for financial assistance under this section shall, upon conviction of each
91     offense, be subject to a fine of not more than $5,000 or imprisonment for not more than one
92     year, or both.
93          (3) The division shall conduct a feasibility study regarding the establishment of an
94     agreement with the United States Postal Service regarding the use of employees, resources, and
95     assets within the Postal Service Network to provide the following services:
96          (a) identify residential or commercial structures that have been damaged;
97          (b) identify persons who reside in a damaged area and the emergent medical or
98     physical needs of those persons;
99          (c) help assess the damage to neighborhoods or communities; and
100          (d) any other activity that the division determines to be necessary to assist in
101     responding to a declared disaster.
102          (4) The division shall provide a report to the Business and Labor Interim Committee
102a     Ĥ→ and the Law Enforcement and Criminal Justice Interim Committee ←Ĥ
103     regarding the feasibility study conducted under Subsection (3) no later than November 30,
104     2016.

Legislative Review Note
Office of Legislative Research and General Counsel