Representative Jefferson S. Burton proposes the following substitute bill:


1     
DISASTER AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ronald M. Winterton

5     
House Sponsor: Jefferson S. Burton

6     

7     LONG TITLE
8     General Description:
9          This bill concerns funding for a disaster.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates and modifies definitions;
13          ▸     modifies provisions related to the State Disaster Recovery Restricted Account
14     including to:
15               •     allow for certain emergency management expenses under certain conditions;
16     and
17               •      provide funding for the Response, Recovery, and Post-disaster Mitigation
18     Restricted Account;
19          ▸     renames the Post Disaster and Mitigation Restricted Account as Response,
20     Recovery, and Post-disaster Mitigation Restricted Account;
21          ▸     modifies the procedures and requirements for funds in the Response, Recovery, and
22     Post-disaster Mitigation Restricted Account;
23          ▸     modifies standards and requirements for receiving a grant from funds originating
24     from the Response, Recovery, and Post-disaster Mitigation Restricted Account;
25          ▸     grants rulemaking authority to the Division of Emergency Management; and

26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:
28          This bill appropriates in fiscal year 2023:
29          ▸     to Response, Recovery, and Post-disaster Mitigation Restricted Account:
30               •     from State Disaster Recovery Restricted Account, One-time, $10,000,000.
31          ▸     to Department of Public Safety - Emergency Management:
32               •     from Response, Recovery, and Post-disaster Mitigation Restricted Account,
33     One-time, $10,000,000.
34     This bill appropriates in fiscal year 2024:
35          ▸     to Department of Public Safety - Emergency Management:
36               •     from State Disaster Recovery Restricted Account, $750,000.
37     Other Special Clauses:
38          This bill provides a special effective date.
39     Utah Code Sections Affected:
40     AMENDS:
41          53-2a-603, as last amended by Laws of Utah 2022, Chapters 111, 373
42          53-2a-606, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
43     amended by Laws of Utah 2013, Chapter 295
44          53-2a-1301, as enacted by Laws of Utah 2019, Chapter 306
45          53-2a-1302, as enacted by Laws of Utah 2019, Chapter 306
46          53-2a-1303, as enacted by Laws of Utah 2019, Chapter 306
47          53-2a-1305, as enacted by Laws of Utah 2019, Chapter 306
48          63J-1-314, as last amended by Laws of Utah 2017, Chapter 210
49          63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
50     and 451
51     REPEALS AND REENACTS:
52          53-2a-1304, as enacted by Laws of Utah 2019, Chapter 306
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 53-2a-603 is amended to read:
56          53-2a-603. State Disaster Recovery Restricted Account.

57          (1) (a) There is created a restricted account in the General Fund known as the "State
58     Disaster Recovery Restricted Account."
59          (b) The disaster recovery account consists of:
60          (i) money deposited into the disaster recovery account in accordance with Section
61     63J-1-314;
62          (ii) money appropriated to the disaster recovery account by the Legislature; and
63          (iii) any other public or private money received by the division that is:
64          (A) given to the division for purposes consistent with this section; and
65          (B) deposited into the disaster recovery account at the request of:
66          (I) the division; or
67          (II) the person or entity giving the money.
68          (c) The Division of Finance shall deposit interest or other earnings derived from
69     investment of account money into the General Fund.
70          (2) [Subject to being appropriated by the Legislature, money] Money in the disaster
71     recovery account may only be expended or committed to be expended as follows:
72          (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
73     commit to expend an amount that does not exceed $500,000, in accordance with Section
74     53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
75     disaster;
76          (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
77     to expend an amount that exceeds $500,000, but does not exceed $3,000,000, in accordance
78     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
79     a declared disaster if the division:
80          (A) before making the expenditure or commitment to expend, obtains approval for the
81     expenditure or commitment to expend from the governor;
82          (B) subject to Subsection (5), provides written notice of the expenditure or
83     commitment to expend to the speaker of the House of Representatives, the president of the
84     Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
85     Subcommittee, the Legislative Management Committee, and the Office of the Legislative
86     Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
87     and

88          (C) makes the report required by Subsection 53-2a-606(2);
89          (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
90     to expend an amount that exceeds $3,000,000, but does not exceed $5,000,000, in accordance
91     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
92     a declared disaster if, before making the expenditure or commitment to expend, the division:
93          (A) obtains approval for the expenditure or commitment to expend from the governor;
94     and
95          (B) submits the expenditure or commitment to expend to the Executive Appropriations
96     Committee in accordance with Subsection 53-2a-606(3); [and]
97          (iv) in any fiscal year the division may expend or commit to expend an amount that
98     does not exceed $500,000 to fund expenses incurred by the National Guard if:
99          (A) in accordance with Section 39A-3-103, the governor orders into active service the
100     National Guard in response to a declared disaster; and
101          (B) the money is not used for expenses that qualify for payment as emergency disaster
102     services; and
103          (v) in any fiscal year, the division may expend an amount that does not exceed
104     $750,000 to fund expenses incurred to develop or enhance emergency management capabilities
105     if:
106          (A) the money is used for personnel, equipment, supplies, contracts, training, exercises,
107     or other expenses deemed reasonable and necessary to:
108          (I) promote and strengthen the state's level of resiliency through mitigation,
109     preparedness, response, or recovery activities; or
110          (II) meet federal grant matching requirements; and
111          (B) the disaster recovery account has a balance of funds available to be utilized while
112     maintaining a minimum balance of $5,000,000;
113          (b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
114     committed to be expended to fund costs to the state directly related to a declared disaster that
115     are not costs related to:
116          (i) emergency disaster services;
117          (ii) emergency preparedness; or
118          (iii) notwithstanding whether a county participates in the Wildland Fire Suppression

119     Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
120     paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
121     Fire Suppression Fund;
122          (c) to fund:
123          (i) the Local Government Emergency Response Loan Fund created in Section
124     53-2a-607; and
125          (ii) the Response, Recovery, and Post-disaster Mitigation Restricted Account created in
126     Section 53-2a-1302;
127          (d) the division may provide advanced funding from the disaster recovery account to
128     recognized agents of the state when:
129          (i) Utah has agreed, through the division, to enact the Emergency Management
130     Assistance Compact with another member state that has requested assistance during a declared
131     disaster;
132          (ii) Utah agrees to provide resources to the requesting member state;
133          (iii) the agent of the state who represents the requested resource has no other funding
134     source available at the time of the Emergency Management Assistance Compact request; and
135          (iv) the disaster recovery account has a balance of funds available to be utilized while
136     maintaining a minimum balance of $5,000,000; and
137          (e) to fund up to $500,000 for the governor's emergency appropriations described in
138     Subsection 63J-1-217(4).
139          (3) All funding provided in advance to an agent of the state and subsequently
140     reimbursed shall be credited to the account.
141          (4) The state treasurer shall invest money in the disaster recovery account according to
142     Title 51, Chapter 7, State Money Management Act.
143          (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
144     recovery account may not be diverted, appropriated, expended, or committed to be expended
145     for a purpose that is not listed in this section.
146          (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
147     from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
148     money appropriated from the disaster recovery account is expended or committed to be
149     expended for a purpose other than one listed in this section.

150          (c) The Legislature may not amend the purposes for which money in the disaster
151     recovery account may be expended or committed to be expended except by the affirmative vote
152     of two-thirds of all the members elected to each house.
153          (6) The division:
154          (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
155     method under the circumstances as determined by the division; and
156          (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
157          Section 2. Section 53-2a-606 is amended to read:
158          53-2a-606. Reporting.
159          (1) By no later than December 31 of each year, the division shall provide a written
160     report to the governor and the Executive Offices and Criminal Justice Appropriations
161     Subcommittee of:
162          (a) the division's activities under this part;
163          (b) money expended or committed to be expended in accordance with this part;
164          (c) the balances in the disaster recovery fund; and
165          (d) any unexpended balance of appropriations from the disaster recovery fund.
166          (2) (a) The governor and the Department of Public Safety shall report to the Legislative
167     Management Committee an expenditure or commitment to expend made in accordance with
168     Subsection 53-2a-603(2)(a)(ii) or 53-2a-1302(5)(b)(ii).
169          (b) The governor and the Department of Public Safety shall make the report required
170     by this Subsection (2) on or before the sooner of:
171          (i) the day on which the governor calls the Legislature into session; or
172          (ii) 15 days after the division makes the expenditure or commitment to expend
173     described in Subsection 53-2a-603(2)(a)(ii) or 53-2a-1302(5)(b)(ii).
174          (3) (a) Subject to Subsection (3)(b), before the division makes an expenditure or
175     commitment to expend described in Subsection 53-2a-603(2)(a)(iii) or 53-5a-1302(5)(b)(iii),
176     the governor and the Department of Public Safety shall submit the expenditure or commitment
177     to expend to the Executive Appropriations Committee for its review and recommendations.
178          (b) The Executive Appropriations Committee shall review the expenditure or
179     commitment to expend and may:
180          (i) recommend that the division make the expenditure or commitment to expend;

181          (ii) recommend that the division not make the expenditure or commitment to expend;
182     or
183          (iii) recommend to the governor that the governor call a special session of the
184     Legislature to review and approve or reject the expenditure or commitment to expend.
185          Section 3. Section 53-2a-1301 is amended to read:
186     
Part 13. Response, Recovery, and Post-disaster Mitigation Restricted Account

187          53-2a-1301. Definitions.
188          As used in the part:
189          (1) "Account" means the [Post Disaster Recovery and] Response, Recovery, and
190     Post-disaster Mitigation Restricted Account created in Section 53-2a-1302.
191          (2) "Affected community" means a community directly affected by an ongoing or
192     recent disaster.
193          (3) "Affected community member" means a resident, property owner, business,
194     nonprofit, or other individual or entity that is:
195          (a) located within an affected community; and
196          (b) suffered damage due to the ongoing or recent disaster in the affected community.
197          [(3) "Chief executive officer" means the same as that term is defined in Section
198     53-2a-203.]
199          (4) "Community" means a county, municipality, local district, or special service
200     district.
201          [(5) "Costs not recoverable" include:]
202          [(a) the county threshold; and]
203          [(b) costs covered by insurance or federal government grants, including funding
204     provided to the state by FEMA's Public Assistance grant program described in 44 C.F.R.
205     Chapter 1, Subchapter D, Part 206.]
206          [(6) "County threshold" means, for each county, the countywide per capita indicator
207     established by FEMA for the state, multiplied by the population of the county as determined by
208     the division.]
209          [(7)] (5) "Disaster response and recovery" means:
210          (a) action taken to respond to and recover from a disaster, including action taken to
211     remove debris, implement life-saving emergency protective measures, or repair, replace, or

212     restore facilities in response to a disaster; and[.]
213          (b) post-disaster hazard mitigation directly related to the recovery from the disaster
214     described in Subsection (5)(a).
215          [(8)] (6) "Disaster response and recovery grant" means money granted to an affected
216     community for disaster response and recovery [that amounts to not more than 75% of the
217     difference between the cost of disaster recovery, as determined by the division after reviewing
218     the official damage assessment, and costs not recoverable].
219          [(9) "FEMA" means the Federal Emergency Management Agency.]
220          (7) "Minimum threshold payment amount" means the amount of costs that an affected
221     community or an affected community member shall pay before the affected community or
222     affected community member is eligible to receive money from a disaster response and recovery
223     grant.
224          [(10)] (8) "Post-disaster hazard mitigation" means action taken, after a natural disaster,
225     to reduce or eliminate risk to people or property that may occur as a result of the long-term
226     effects of the natural disaster or a subsequent natural disaster, including action to prevent
227     damage caused by flooding, earthquake, dam failure, wildfire, landslide, severe weather,
228     drought, and problem soil.
229          [(11) "Post hazard mitigation grant" means money granted to a community for post
230     hazard mitigation that amounts to not more than 75% of the costs deemed necessary by the
231     division to complete the post hazard mitigation.]
232          [(12)] (9) "Official damage assessment" means a financial assessment of the damage to
233     an affected community, caused by a disaster, that is conducted under the direction of the
234     governing body of the affected community, in accordance with the rules described in Section
235     53-2a-1305.
236          Section 4. Section 53-2a-1302 is amended to read:
237          53-2a-1302. Response, Recovery, and Post-disaster Mitigation Restricted
238     Account.
239          (1) There is created a restricted account in the General Fund known as the ["Post
240     Disaster Recovery and] "Response, Recovery, and Post-disaster Mitigation Restricted
241     Account."
242          (2) The account consists of:

243          (a) money appropriated to the account by the Legislature;
244          (b) money deposited into the account in accordance with Section 63J-1-314;
245          [(b)] (c) income and interest derived from the deposit and investment of money in the
246     account; and
247          [(c)] (d) private donations, grants, gifts, bequests, or money made available from any
248     other source to implement this section.
249          (3) (a) At the close of a fiscal year, money in the account exceeding [$10,000,000]
250     $50,000,000, excluding money granted to the account under [Subsection (2)(c)] Subsection
251     (2)(d), shall be transferred to the [General Fund] State Disaster Recovery Restricted Account.
252          (b) Except as provided by Subsection (3)(a), money in the Response, Recovery, and
253     Post-disaster Mitigation Restricted Account may only be used for the purposes set forth in this
254     part.
255          (4) Subject to the requirements described in this part, and upon appropriation by the
256     Legislature, the division may grant money appropriated from the account[:]
257          [(a)] to an affected community for the affected community's disaster response and
258     recovery efforts as described in Section 53-2a-1303[; or].
259          [(b) to a community for post hazard mitigation as described in Section 53-2a-1304.]
260          (5) (a) Money in the account may only be expended or committed to be expended as
261     provided in Subsections (5)(b) and (5)(c).
262          (b) Subject to Section 53-2a-606, in any fiscal year the division may expend or commit
263     to expend for disaster response and recovery efforts as described in Section 53-2a-1303:
264          (i) an amount that does not exceed $500,000 in response to a disaster described in
265     Subsection 53-2a-1303(2)(b);
266          (ii) an amount that exceeds $500,000 but does not exceed $3,000,000 for a disaster
267     described in Subsection 53-2a-1303(2)(b) if the division:
268          (A) before making the expenditure or commitment to expend, obtains approval for the
269     expenditure or commitment from the governor;
270          (B) provides written notice of the expenditure or commitment to expend to the speaker
271     of the House of Representatives, the president of the Senate, the Division of Finance, the
272     Executive Offices and Criminal Justice Appropriations Subcommittee, the Legislative
273     Management Committee, and the Office of the Legislative Fiscal Analyst no later than 72

274     hours after making the expenditure or commitment to expend; and
275          (C) makes the report required by Subsection 53-2a-606(2); and
276          (iii) an amount that exceeds $3,000,000 but does not exceed $5,000,000, if, before
277     making the expenditure or commitment to expend, the division:
278          (A) obtains approval for the expenditure or commitment from the governor; and
279          (B) submits the expenditure or commitment to expend to the Executive Appropriations
280     Committee in accordance with Subsection 53-2a-606(3).
281          (c) Money paid by the division under this part to government entities and private
282     persons providing emergency disaster services are subject to Title 63G, Chapter 6a, Utah
283     Procurement Code.
284          Section 5. Section 53-2a-1303 is amended to read:
285          53-2a-1303. Disaster Response and Recovery Grant.
286          (1) The division may grant money under Subsection [53-2a-1302(4)(a)] 53-2a-1302(4)
287     appropriated from the account after receiving an application from an affected community for a
288     disaster response and recovery grant.
289          (2) An affected community is eligible to receive a disaster response and recovery grant
290     appropriated from the account if:
291          (a) the affected community submits an application described in Subsection (1) that
292     includes the information required by the rules described in Section 53-2a-1305;
293          (b) the occurrence of a disaster in the affected community results in:
294          (i) the president of the United States declaring an emergency or major disaster in the
295     state; [or]
296          (ii) the governor declaring a state of emergency under Section 53-2a-206; or
297          (iii) the local municipality or county declaring an emergency under Section 53-2a-208;
298          (c) the governing body of the affected community conducts an official damage
299     assessment of the disaster;
300          (d) [the cost of disaster recovery, as determined by] the division, after reviewing the
301     application described in Subsection (2)(a), the official damage assessment[, exceeds the county
302     threshold for the county in which the affected community is located; and] described in
303     Subsection (2)(c), and other information relevant to the division's determination, determines
304     that a grant to the affected community would be an appropriate and necessary use of account

305     funds;
306          (e) the division [maintains] determines there is sufficient money for the grant[.]; and
307          (f) the affected community agrees to grant funding requirements as determined by the
308     division, including the affected community's minimum threshold payment amount and
309     cost-sharing requirements.
310          Section 6. Section 53-2a-1304 is repealed and reenacted to read:
311          53-2a-1304. Allowed uses for disaster response and recovery grant funds.
312          (1) An affected community may use or distribute grant funds provided under Section
313     53-2a-1303 in accordance with funding guidelines provided by the division, which may include
314     providing funds for disaster response and recovery to:
315          (a) an affected community member;
316          (b) a publicly owned facility in the affected community; or
317          (c) publicly owned infrastructure in the affected community.
318          (2) The director may expend money from the account to pay necessary costs of
319     evaluating and administering grants under this part.
320          (3) In accordance with Section 53-2a-1305, the division shall establish standards and
321     procedures for the distribution of grant funds under this section, including standards and
322     procedures for determining:
323          (a) when an individual or entity described in Subsection (1) (a), (b), or (c) may receive
324     grant funds;
325          (b) which costs are eligible for grant funds, including administration costs; and
326          (c) minimum threshold payment amounts and cost-sharing requirements.
327          Section 7. Section 53-2a-1305 is amended to read:
328          53-2a-1305. Rulemaking authority and division responsibilities.
329          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
330     division may make rules to:
331          (a) designate the requirements and procedures[:]
332          [(i)] for the governing body of an affected community to:
333          [(A)] (i) apply for a disaster response and recovery grant; and
334          [(B)] (ii) conduct an official damage assessment; [and]
335          [(ii) for the governing body of a community to apply for a post hazard mitigation grant;

336     and]
337          (b) establish standards to determine:
338          (i) the categories of and criteria for entities and costs that are eligible for grant funds;
339     and
340          (ii) minimum threshold payment amounts and cost-sharing requirements; and
341          [(b)] (c) establish standards and procedures to ensure that [projects completed] funds
342     distributed in accordance with this [section are completed] part are distributed in a cost
343     effective and equitable manner, are reasonably necessary for disaster response and recovery [or
344     post hazard mitigation], are an appropriate and necessary use of public funds, and that all
345     receipts and invoices are documented.
346          (2) No later than December 31 of each year, the division shall provide the governor and
347     the Criminal Justice Appropriations Subcommittee a written report of the division's activities
348     under this part, including:
349          (a) an accounting of the money expended or committed to be expended under this part;
350     and
351          (b) the balance of the account.
352          Section 8. Section 63J-1-314 is amended to read:
353          63J-1-314. Deposits related to the Wildland Fire Suppression Fund and the
354     Disaster Recovery Funding Act.
355          (1) As used in this section, "operating deficit" means that, at the end of the fiscal year,
356     the unassigned fund balance in the General Fund is less than zero.
357          (2) Except as provided under Subsections (3) and (4), at the end of each fiscal year, the
358     Division of Finance shall, after the transfer of General Fund revenue surplus has been made to
359     the Medicaid Growth Reduction and Budget Stabilization Account, as provided in Section
360     63J-1-315, and the General Fund Budget Reserve Account, as provided in Section 63J-1-312,
361     transfer:
362          (a) to the Wildland Fire Suppression Fund created in Section 65A-8-204 an amount
363     equal to the lesser of:
364          (i) $4,000,000; or
365          (ii) an amount necessary to make the balance in the Wildland Fire Suppression Fund
366     equal to $12,000,000; and

367          (b) an amount into the State Disaster Recovery Restricted Account, created in Section
368     53-2a-603, from the General Fund revenue surplus as defined in Section 63J-1-312, calculated
369     by:
370          (i) determining the amount of General Fund revenue surplus after the transfer to the
371     Medicaid Growth Reduction and Budget Stabilization Account under Section 63J-1-315, the
372     General Fund Budget Reserve Account under Section 63J-1-312, and the transfer to the
373     Wildland Fire Suppression Fund as described in Subsection (2)(a);
374          (ii) calculating an amount equal to the lesser of:
375          (A) 25% of the amount determined under Subsection (2)(b)(i); or
376          (B) 6% of the total of the General Fund appropriation amount for the fiscal year in
377     which the surplus occurs; and
378          (iii) adding to the amount calculated under Subsection (2)(b)(ii) an amount equal to the
379     lesser of:
380          (A) 25% more of the amount described in Subsection (2)(b)(i); or
381          (B) the amount necessary to replace, in accordance with this Subsection (2)(b)(iii), any
382     amount appropriated from the State Disaster Recovery Restricted Account within 10 fiscal
383     years before the fiscal year in which the surplus occurs if:
384          (I) a surplus exists; and
385          (II) the Legislature appropriates money from the State Disaster Recovery Restricted
386     Account that is not replaced by appropriation or as provided in this Subsection (2)(b)(iii).
387          (3) (a) Notwithstanding Subsection (2), if, at the end of a fiscal year, the Division of
388     Finance determines that an operating deficit exists, the division shall reduce the transfer to the
389     State Disaster Recovery Restricted Account by an amount necessary to eliminate the operating
390     deficit, up to the full amount of the transfer.
391          (b) If, after reducing the transfer to the State Disaster Recovery Account to zero under
392     Subsection (3)(a), the Division of Finance determines that an operating deficit still exists, the
393     division shall reduce the transfer to the Wildland Fire Suppression Fund by an amount
394     necessary to eliminate the operating deficit, up to the full amount of the transfer.
395          (4) Notwithstanding Subsection (2):
396          (a) for the period beginning July 1, 2015, and ending June 30, 2020, the Division of
397     Finance shall transfer to the Local Government Emergency Response Loan Fund 25% of the

398     amount to be transferred into the State Disaster Recovery Restricted Account as provided in
399     Subsection (2)(b)(ii); [and]
400          (b) on and after July 1, 2020, the Division of Finance shall transfer to the Local
401     Government Emergency Response Loan Fund 10% of the amount to be transferred into the
402     State Disaster Recovery Restricted Account as provided in Subsection (2)(b); and
403          (c) on and after July 1, 2023, the Division of Finance shall transfer to the Response,
404     Recovery, and Post-disaster Mitigation Restricted Account 25% of the amount to be transferred
405     into the State Disaster Recovery Restricted Account as provided in Subsection (2)(b).
406          Section 9. Section 63J-1-602.1 is amended to read:
407          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
408          Appropriations made from the following accounts or funds are nonlapsing:
409          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
410     and Leadership Restricted Account created in Section 4-42-102.
411          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
412          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
413     Section 9-18-102.
414          (4) The National Professional Men's Soccer Team Support of Building Communities
415     Restricted Account created in Section 9-19-102.
416          (5) Funds collected for directing and administering the C-PACE district created in
417     Section 11-42a-106.
418          (6) Money received by the Utah Inland Port Authority, as provided in Section
419     11-58-105.
420          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
421          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
422          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
423     Section 19-2a-106.
424          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
425     Section 19-5-126.
426          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
427     Section 23-14-13.5.
428          (12) Award money under the State Asset Forfeiture Grant Program, as provided under

429     Section 24-4-117.
430          (13) Funds collected from the program fund for local health department expenses
431     incurred in responding to a local health emergency under Section 26-1-38.
432          (14) The Children with Cancer Support Restricted Account created in Section
433     26-21a-304.
434          (15) State funds for matching federal funds in the Children's Health Insurance Program
435     as provided in Section 26-40-108.
436          (16) The Children with Heart Disease Support Restricted Account created in Section
437     26-58-102.
438          (17) The Technology Development Restricted Account created in Section 31A-3-104.
439          (18) The Criminal Background Check Restricted Account created in Section
440     31A-3-105.
441          (19) The Captive Insurance Restricted Account created in Section 31A-3-304, except
442     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
443          (20) The Title Licensee Enforcement Restricted Account created in Section
444     31A-23a-415.
445          (21) The Health Insurance Actuarial Review Restricted Account created in Section
446     31A-30-115.
447          (22) The Insurance Fraud Investigation Restricted Account created in Section
448     31A-31-108.
449          (23) The Underage Drinking Prevention Media and Education Campaign Restricted
450     Account created in Section 32B-2-306.
451          (24) The Drinking While Pregnant Prevention Media and Education Campaign
452     Restricted Account created in Section 32B-2-308.
453          (25) The School Readiness Restricted Account created in Section 35A-15-203.
454          (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
455     products or services, as provided in Section 35A-13-202.
456          (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
457          (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
458          (29) The Division of Oil, Gas, and Mining Restricted account created in Section
459     40-6-23.

460          (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
461     the Motor Vehicle Division.
462          (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
463     created by Section 41-3-110 to the State Tax Commission.
464          (32) The Utah Law Enforcement Memorial Support Restricted Account created in
465     Section 53-1-120.
466          (33) The State Disaster Recovery Restricted Account to the Division of Emergency
467     Management, as provided in Section 53-2a-603.
468          (34) The [Post Disaster Recovery and] Response, Recovery, and Post-disaster
469     Mitigation Restricted Account created in Section 53-2a-1302.
470          (35) The Department of Public Safety Restricted Account to the Department of Public
471     Safety, as provided in Section 53-3-106.
472          (36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
473     53-8-303.
474          (37) The DNA Specimen Restricted Account created in Section 53-10-407.
475          (38) The Canine Body Armor Restricted Account created in Section 53-16-201.
476          (39) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
477          (40) The Higher Education Capital Projects Fund created in Section 53B-22-202.
478          (41) A certain portion of money collected for administrative costs under the School
479     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
480          (42) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
481     subject to Subsection 54-5-1.5(4)(d).
482          (43) Funds collected from a surcharge fee to provide certain licensees with access to an
483     electronic reference library, as provided in Section 58-3a-105.
484          (44) Certain fines collected by the Division of Professional Licensing for violation of
485     unlawful or unprofessional conduct that are used for education and enforcement purposes, as
486     provided in Section 58-17b-505.
487          (45) Funds collected from a surcharge fee to provide certain licensees with access to an
488     electronic reference library, as provided in Section 58-22-104.
489          (46) Funds collected from a surcharge fee to provide certain licensees with access to an
490     electronic reference library, as provided in Section 58-55-106.

491          (47) Funds collected from a surcharge fee to provide certain licensees with access to an
492     electronic reference library, as provided in Section 58-56-3.5.
493          (48) Certain fines collected by the Division of Professional Licensing for use in
494     education and enforcement of the Security Personnel Licensing Act, as provided in Section
495     58-63-103.
496          (49) The Relative Value Study Restricted Account created in Section 59-9-105.
497          (50) The Cigarette Tax Restricted Account created in Section 59-14-204.
498          (51) Funds paid to the Division of Real Estate for the cost of a criminal background
499     check for a mortgage loan license, as provided in Section 61-2c-202.
500          (52) Funds paid to the Division of Real Estate for the cost of a criminal background
501     check for principal broker, associate broker, and sales agent licenses, as provided in Section
502     61-2f-204.
503          (53) Certain funds donated to the Department of Health and Human Services, as
504     provided in Section 26B-1-202.
505          (54) The National Professional Men's Basketball Team Support of Women and
506     Children Issues Restricted Account created in Section 26B-1-302.
507          (55) Certain funds donated to the Division of Child and Family Services, as provided
508     in Section 80-2-404.
509          (56) The Choose Life Adoption Support Restricted Account created in Section
510     80-2-502.
511          (57) Funds collected by the Office of Administrative Rules for publishing, as provided
512     in Section 63G-3-402.
513          (58) The Immigration Act Restricted Account created in Section 63G-12-103.
514          (59) Money received by the military installation development authority, as provided in
515     Section 63H-1-504.
516          (60) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
517          (61) The Unified Statewide 911 Emergency Service Account created in Section
518     63H-7a-304.
519          (62) The Utah Statewide Radio System Restricted Account created in Section
520     63H-7a-403.
521          (63) The Utah Capital Investment Restricted Account created in Section 63N-6-204.

522          (64) The Motion Picture Incentive Account created in Section 63N-8-103.
523          (65) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
524     as provided under Section 63N-10-301.
525          (66) Funds collected by the housing of state probationary inmates or state parole
526     inmates, as provided in Subsection 64-13e-104(2).
527          (67) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
528     and State Lands, as provided in Section 65A-8-103.
529          (68) The Amusement Ride Safety Restricted Account, as provided in Section
530     72-16-204.
531          (69) Certain funds received by the Office of the State Engineer for well drilling fines or
532     bonds, as provided in Section 73-3-25.
533          (70) The Water Resources Conservation and Development Fund, as provided in
534     Section 73-23-2.
535          (71) Funds donated or paid to a juvenile court by private sources, as provided in
536     Subsection 78A-6-203(1)(c).
537          (72) Fees for certificate of admission created under Section 78A-9-102.
538          (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
539     78B-6-144, and 78B-6-144.5.
540          (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
541     Utah Indigent Defense Commission.
542          (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
543     Section 79-3-403.
544          (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
545     Park, and Green River State Park, as provided under Section 79-4-403.
546          (77) Funds donated as described in Section 41-1a-422 for the State Park Fees
547     Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
548     sky initiative.
549          (78) Certain funds received by the Division of State Parks from the sale or disposal of
550     buffalo, as provided under Section 79-4-1001.
551          Section 10. Appropriation.
552          The following sums of money are appropriated for the fiscal year beginning July 1,

553     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
554     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
555     Act, the Legislature appropriates the following sums of money from the funds or accounts
556     indicated for the use and support of the government of the state of Utah.
557     ITEM 1
558     To Response, Recovery, and Post-disaster Mitigation Restricted Account
559          From State Disaster Recovery Restricted Account, One-time
10,000,000

560          Schedule of Programs:
561               Response, Recovery, and Post-disaster Mitigation
562                Restricted Account                              10,000,000
563     ITEM 2
564     To Department of Public Safety - Emergency Management
565          From Response, Recovery, and Post-disaster Mitigation
566           Restricted Account, One-time
10,000,000

567          Schedule of Programs:
568               Emergency Management                         10,000,000
569          The following sums of money are appropriated for the fiscal year beginning July 1,
570     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
571     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
572     Act, the Legislature appropriates the following sums of money from the funds or accounts
573     indicated for the use and support of the government of the state of Utah.
574     ITEM 3
575     To Department of Public Safety - Emergency Management
576          From State Disaster Recovery Restricted Account
750,000

577          Schedule of Programs:
578               Emergency Management                         750,000
579          Section 11. Effective date and two-thirds majority required to pass.
580          (1) If approved by two-thirds of all the members elected to each house, this bill takes
581     effect on May 3, 2023.
582          (2) In accordance with Subsection 53-2a-603(5)(c), if this bill is not approved by
583     two-thirds of all the members elected to each house, this bill will not go into effect.