1     
DISASTER RECOVERY FUND AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel Ferry

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill increases certain amounts that may be expended from the Disaster Recovery
10     Restricted Account.
11     Highlighted Provisions:
12          This bill:
13          ▸     increases the amounts the Division of Emergency Management may expend or
14     commit to expending from the Disaster Recovery Restricted Account during an
15     emergency or declared disaster;
16          ▸     adds the Executive Offices and Criminal Justice Appropriations Subcommittee and
17     the Legislative Management Committee to the list of entities to receive notice of
18     expenditures of commitments to expend funds; and
19          ▸     allows an expenditure of up to $3,200,000 during fiscal year 2019 for operational
20     costs.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53-2a-603, as last amended by Laws of Utah 2016, Chapters 83 and 134
28     

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 53-2a-603 is amended to read:
31          53-2a-603. State Disaster Recovery Restricted Account.
32          (1) (a) There is created a restricted account in the General Fund known as the "State
33     Disaster Recovery Restricted Account."
34          (b) The disaster recovery account consists of:
35          (i) money deposited into the disaster recovery account in accordance with Section
36     63J-1-314;
37          (ii) money appropriated to the disaster recovery account by the Legislature; and
38          (iii) any other public or private money received by the division that is:
39          (A) given to the division for purposes consistent with this section; and
40          (B) deposited into the disaster recovery account at the request of:
41          (I) the division; or
42          (II) the person or entity giving the money.
43          (c) The Division of Finance shall deposit interest or other earnings derived from
44     investment of account money into the General Fund.
45          (2) Subject to being appropriated by the Legislature, money in the disaster recovery
46     account may only be expended or committed to be expended as follows:
47          (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
48     commit to expend an amount that does not exceed [$250,000] $500,000, in accordance with
49     Section 53-2a-604, to fund costs to the state of emergency disaster services in response to a
50     declared disaster;
51          (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
52     to expend an amount that exceeds [$250,000] $500,000, but does not exceed [$1,000,000]
53     $3,000,000, in accordance with Section 53-2a-604, to fund costs to the state of emergency
54     disaster services in response to a declared disaster if the division:
55          (A) before making the expenditure or commitment to expend, obtains approval for the
56     expenditure or commitment to expend from the governor;
57          (B) subject to Subsection (5), provides written notice of the expenditure or

58     commitment to expend to the speaker of the House of Representatives, the president of the
59     Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
60     Subcommittee, the Legislative Management Committee, and the Office of the Legislative
61     Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
62     and
63          (C) makes the report required by Subsection 53-2a-606(2);
64          (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
65     to expend an amount that exceeds [$1,000,000] $3,000,000, but does not exceed [$3,000,000]
66     $5,000,000, in accordance with Section 53-2a-604, to fund costs to the state of emergency
67     disaster services in response to a declared disaster if, before making the expenditure or
68     commitment to expend, the division:
69          (A) obtains approval for the expenditure or commitment to expend from the governor;
70     and
71          (B) submits the expenditure or commitment to expend to the Executive Appropriations
72     Committee in accordance with Subsection 53-2a-606(3); and
73          (iv) in any fiscal year the division may expend or commit to expend an amount that
74     does not exceed $150,000 to fund expenses incurred by the National Guard if:
75          (A) in accordance with Section 39-1-5, the governor orders into active service the
76     National Guard in response to a declared disaster; and
77          (B) the money is not used for expenses that qualify for payment as emergency disaster
78     services;
79          (b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
80     committed to be expended to fund costs to the state directly related to a declared disaster that
81     are not costs related to:
82          (i) emergency disaster services;
83          (ii) emergency preparedness; or
84          (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
85     Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be

86     paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
87     Fire Suppression Fund;
88          (c) to fund the Local Government Emergency Response Loan Fund created in Section
89     53-2a-607; [and]
90          (d) the division may provide advanced funding from the disaster recovery account to
91     recognized agents of the state when:
92          (i) Utah has agreed, through the division, to enact the Emergency Management
93     Assistance Compact with another member state that has requested assistance during a declared
94     disaster;
95          (ii) Utah agrees to provide resources to the requesting member state;
96          (iii) the agent of the state who represents the requested resource has no other funding
97     source available at the time of the Emergency Management Assistance Compact request; and
98          (iv) the disaster recovery account has a balance of funds available to be utilized while
99     maintaining a minimum balance of $10,000,000[.]; and
100          (e) the division may expend up to $3,200,000 during fiscal year 2019 to fund
101     operational costs incurred by the division during fiscal year 2019.
102          (3) All funding provided in advance to an agent of the state and subsequently
103     reimbursed shall be credited to the account.
104          (4) The state treasurer shall invest money in the disaster recovery account according to
105     Title 51, Chapter 7, State Money Management Act.
106          (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
107     recovery account may not be diverted, appropriated, expended, or committed to be expended
108     for a purpose that is not listed in this section.
109          (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
110     from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
111     money appropriated from the disaster recovery account is expended or committed to be
112     expended for a purpose other than one listed in this section.
113          (c) The Legislature may not amend the purposes for which money in the disaster

114     recovery account may be expended or committed to be expended except by the affirmative vote
115     of two-thirds of all the members elected to each house.
116          (6) The division:
117          (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
118     method under the circumstances as determined by the division; and
119          (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.