Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 357 First Substitute (2015GS)

Sponsor

Rep. Oda, C.

Final action

House/ filed 3/12/2015

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines "agent of the state" for emergency response purposes;
• authorizes the Division of Emergency Management to provide short-term loans to agents of the state for the purposes of providing emergency services to a member state of the Emergency Management Assistance Compact when:
• the member state has a declared disaster;
• the member state has requested support from the agent of the state; and
• the agent of the state has no funds available to respond to the request from a member state;
• provides that agents of the state will reimburse the State Disaster Recovery Restricted Account when reimbursed by the member state for emergency services provided; and
• clarifies that the applicant or sub-applicant agency is responsible for any financial match requirements when requesting a federal disaster declaration.

Every vote on this bill

Bill text

EMERGENCY SERVICES ACCOUNT LOAN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis Oda
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the Emergency Management Act.
Highlighted Provisions:
This bill:
▸ defines "agent of the state" for emergency response purposes;
▸ authorizes the Division of Emergency Management to provide short-term loans to
agents of the state for the purposes of providing emergency services to a member
state of the Emergency Management Assistance Compact when:
• the member state has a declared disaster;
• the member state has requested support from the agent of the state; and
• the agent of the state has no funds available to respond to the request from a
member state;
▸ provides that agents of the state will reimburse the State Disaster Recovery
Restricted Account when reimbursed by the member state for emergency services
provided; and
▸ clarifies that the applicant or sub-applicant agency is responsible for any financial
match requirements when requesting a federal disaster declaration.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-2a-602
, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
amended by Laws of Utah 2013, Chapter 295
53-2a-603
, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
amended by Laws of Utah 2013, Chapter 295
53-2a-604
, as last amended by Laws of Utah 2013, Chapter 117 and renumbered and
amended by Laws of Utah 2013, Chapter 295 and last amended by Coordination
Clause, Laws of Utah 2013, Chapter 117
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-2a-602
 is amended to read:
53-2a-602.
Definitions.
(1) Unless otherwise defined in this section, the terms defined in Part 1, Emergency
Management Act, shall have the same meaning for this part.
(2) As used in this part:
(a) "Agent of the state" means any representative of a state agency, local agency, or
non-profit entity that agrees to provide support to a requesting intrastate or interstate
government entity that has declared an emergency or disaster and requested assistance through
the division.
[
(a)
] 
(b)
 "Declared disaster" means one or more events:
(i) within the state;
(ii) that occur within a limited period of time;
(iii) that involve:
(A) a significant number of persons being at risk of bodily harm, sickness, or death; or
(B) a significant portion of real property at risk of loss;
(iv) that are sudden in nature and generally occur less frequently than every three years;
and
(v) that results in:
(A) the president of the United States declaring an emergency or major disaster in the
state;
(B) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
Disaster Response and Recovery Act; or
(C) the chief executive officer of a local government declaring a local emergency under
Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
[
(b)
] 
(c)
 "Disaster recovery fund" means the State Disaster Recovery Restricted
Account created in Section 
53-2a-603
.
[
(d)
] 
(d)
 (i) "Emergency disaster services" means the following:
(A) evacuation;
(B) shelter;
(C) medical triage;
(D) emergency transportation;
(E) repair of infrastructure;
(F) safety services, including fencing or roadblocks;
(G) sandbagging;
(H) debris removal;
(I) temporary bridges;
(J) procurement and distribution of food, water, or ice;
(K) procurement and deployment of generators;
(L) rescue or recovery;
(M) emergency protective measures; or
(N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as
defined by the division by rule, that are generally required in response to a declared disaster.
(ii) "Emergency disaster services" does not include:
(A) emergency preparedness; or
(B) notwithstanding whether or not 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.
[
(c)
] 
(e)
 "Emergency preparedness" means the following done for the purpose of being
prepared for an emergency as defined by the division by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) the purchase of equipment;
(ii) the training of personnel; or
(iii) the obtaining of a certification.
[
(e)
] 
(f)
 "Governing body" means:
(i) for a county, city, or town, the legislative body of the county, city, or town;
(ii) for a local district, the board of trustees of the local district; and
(iii) for a special service district:
(A) the legislative body of the county, city, or town that established the special service
district, if no administrative control board has been appointed under Section 
17D-1-301
; or
(B) the administrative control board of the special service district, if an administrative
control board has been appointed under Section 
17D-1-301
.
[
(f)
] 
(g)
 "Local district" [
has the same meaning as
] 
means the same as that term is
defined in Section 
17B-1-102
.
[
(g)
] 
(h)
 "Local fund" means a local government disaster fund created in accordance
with Section 
53-2a-605
.
[
(h)
] 
(i)
 "Local government" means:
(i) a county;
(ii) a city or town; or
(iii) a local district or special service district that:
(A) operates a water system;
(B) provides transportation service;
(C) provides, operates, and maintains correctional and rehabilitative facilities and
programs for municipal, state, and other detainees and prisoners;
(D) provides consolidated 911 and emergency dispatch service;
(E) operates an airport; or
(F) operates a sewage system.
[
(i)
] 
(j)
 "Special fund" means a fund other than a general fund of a local government
that is created for a special purpose established under the uniform system of budgeting,
accounting, and reporting.
[
(j)
] 
(k)
 "Special service district" [
has the same meaning as
] 
means the same as that
term is
 defined in Section 
17D-1-102
.
Section 2. Section 
53-2a-603
 is amended to read:
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[
.
]
; and
(c) the division may provide advanced funding from the disaster recovery fund to
recognized agents of the state when:
(i) the state of Utah has agreed, through the division, to enact the Emergency
Management Assistance Compact with another member state that has requested assistance
during a declared disaster;
(ii) the state of Utah agrees to provide resources to the requesting member state;
(iii) the agent of the state who represents the requested resource has no other funding
source available at the time of the Emergency Management Assistance Compact request; and
(iv) the disaster recovery fund has a balance of funds available to be utilized while
maintaining a minimum of $10 million after the total advance funding has been committed to
the agent involved in the Emergency Management Assistance Compact assistance.
(3) All funding provided in advance to an agent of the state and subsequently
reimbursed to the division shall be deposited into the disaster recovery fund.
[
(3)
] 
(4)
 The state treasurer shall invest money in the disaster recovery fund according
to Title 51, Chapter 7, State Money Management Act.
[
(4)
] 
(5)
 (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)
] 
(6)
 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.
Section 3. Section 
53-2a-604
 is amended to read:
53-2a-604.
State costs for emergency disaster services.
(1) Subject to this section and Section 
53-2a-603
, the division may expend or commit
to expend money described in Subsection 
53-2a-603
(2)(a)(i), (ii), or (iii) to fund costs to the
state of emergency disaster services if, at the discretion of the division, the expenditure is
necessary in response to the disaster.
(2) Money paid by the division under this section to government entities and private
persons providing emergency disaster services are subject to Title 63G, Chapter 6a, Utah
Procurement Code.
(3) If the state of Utah requests and receives a federal disaster declaration, the applicant
or sub-applicant agencies approved to receive assistance through federal disaster programs
shall be responsible for any financial match requirements.
Legislative Review Note
 as of 2-18-15 11:37 AM
Office of Legislative Research and General Counsel