§ 53-2a-603. State Disaster Recovery Restricted Account.

(1)

(a) There is created a restricted account in the General Fund known as the "State Disaster Recovery Restricted Account."

(b) The disaster recovery fund shall consist of:

(i) money deposited into the disaster recovery fund in accordance with Section 63J-1-314;

(ii) money appropriated to the disaster recovery fund by the Legislature; and

(iii) any other public or private money received by the division that is:

(A) given to the division for purposes consistent with this section; and

(B) deposited into the disaster recovery fund at the request of:

(I) the division; or

(II) the person giving the money.

(c) The Division of Finance shall deposit interest or other earnings derived from investment of fund money into the General Fund.

(2) Subject to being appropriated by the Legislature, money in the disaster recovery fund may only be expended or committed to be expended as follows:

(a)

(i) subject to Section 53-2a-606, in any fiscal year the division may expend or commit to expend an amount that does not exceed $250,000, in accordance with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to a declared disaster;

(ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit to expend an amount that exceeds $250,000, but does not exceed $1,000,000, in accordance with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to a declared disaster if the division:

(A) before making the expenditure or commitment to expend, obtains approval for the expenditure or commitment to expend from the governor;

(B) subject to Subsection (5), provides written notice of the expenditure or commitment to expend to the speaker of the House of Representatives, the president of the Senate, the Division of Finance, and the Office of the Legislative Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend; and

(C) makes the report required by Subsection 53-2a-606(2);

(iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit to expend an amount that exceeds $1,000,000, but does not exceed $3,000,000, in accordance with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to a declared disaster if, before making the expenditure or commitment to expend, the division:

(A) obtains approval for the expenditure or commitment to expend from the governor; and

(B) submits the expenditure or commitment to expend to the Executive Appropriations Committee in accordance with Subsection 53-2a-606(3); and

(iv) in any fiscal year the division may expend or commit to expend an amount that does not exceed $150,000 to fund expenses incurred by the National Guard if:

(A) in accordance with Section 39-1-5, the governor orders into active service the National Guard in response to a declared disaster; and

(B) the money is not used for expenses that qualify for payment as emergency disaster services; and

(b) subject to being appropriated by the Legislature, money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or committed to be expended to fund costs to the state directly related to a declared disaster that are not costs related to:

(i) emergency disaster services;

(ii) emergency preparedness; or

(iii) notwithstanding whether a county participates in the Wildland Fire Suppression Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland Fire Suppression Fund.

(3) The state treasurer shall invest money in the disaster recovery fund according to Title 51, Chapter 7, State Money Management Act.

(4)

(a) Except as provided in Subsections (1) and (2), the money in the disaster recovery fund may not be diverted, appropriated, expended, or committed to be expended for a purpose that is not listed in this section.

(b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money from the disaster recovery fund to eliminate or otherwise reduce an operating deficit if the money appropriated from the disaster recovery fund is expended or committed to be expended for a purpose other than one listed in this section.

(c) The Legislature may not amend the purposes for which money in the disaster recovery fund may be expended or committed to be expended except by the affirmative vote of two-thirds of all the members elected to each house.

(5) The division:

(a) shall provide the notice required by Subsection (2)(a)(ii) using the best available method under the circumstances as determined by the division; and

(b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.

Amended by Chapter 117, 2013 General Session
Renumbered and Amended by Chapter 295, 2013 General Session