Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 239 (2025GS)

Sponsor

Rep. Albrecht, Carl R.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies provisions related to the State Disaster Recovery Restricted Account to change the amounts that may be expended by the Division of Emergency Management under certain conditions;
• renames the Response, Recovery, and Post-disaster Mitigation Restricted Account as the Disaster Response, Recovery, and Mitigation Restricted Account (account);
• modifies the amounts of funds available from the account for disaster response and recovery under specified circumstances;
• modifies the available uses for funds in the account to include pre-disaster mitigation under certain circumstances;
• modifies standards relating to disaster response and recovery grants;
• grants rulemaking authority to the Division of Emergency Management regarding the use of funds from the account for pre-disaster mitigation purposes;
• requires the Division of Finance to transfer certain funds from the State Disaster Recovery Restricted Account into the account under certain conditions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

20
53-2a-603
53-2a-606
53-2a-1301
53-2a-1302
53-2a-1303
53-2a-1304
53-2a-1305
63J-1-314
63J-1-602.1
0
Disaster Funds Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill concerns disaster funds.
Highlighted Provisions:
This bill:
defines terms;
modifies provisions related to the State Disaster Recovery Restricted Account to change 
the amounts that may be expended by the Division of Emergency Management under 
certain conditions;
renames the Response, Recovery, and Post-disaster Mitigation Restricted Account as the 
Disaster Response, Recovery, and Mitigation Restricted Account (account);
modifies the amounts of funds available from the account for disaster response and 
recovery under specified circumstances; 
modifies the available uses for funds in the account to include pre-disaster mitigation 
under certain circumstances;
modifies standards relating to disaster response and recovery grants;
grants rulemaking authority to the Division of Emergency Management regarding the use 
of funds from the account for pre-disaster mitigation purposes;
requires the Division of Finance to transfer certain funds from the State Disaster 
Recovery Restricted Account into the account under certain conditions; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-2a-603
, as last amended by Laws of Utah 2023, Chapters 434, 534
53-2a-606
, as last amended by Laws of Utah 2023, Chapter 434
53-2a-1301
, as last amended by Laws of Utah 2023, Chapters 16, 434
53-2a-1302
, as last amended by Laws of Utah 2023, Chapter 434
53-2a-1303
, as last amended by Laws of Utah 2023, Chapter 434
53-2a-1304
, as repealed and reenacted by Laws of Utah 2023, Chapter 434
53-2a-1305
, as last amended by Laws of Utah 2023, Chapter 434
63J-1-314
, as last amended by Laws of Utah 2023, Chapters 153, 434
63J-1-602.1
, as last amended by Laws of Utah 2024, Chapters 88, 501
Be it enacted by the Legislature of the state of Utah:
Section 1, 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 account consists of:
(i)
money deposited into the disaster recovery account in accordance with Section 
63J-1-314
;
(ii)
money appropriated to the disaster recovery account 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 account at the request of:
(I)
the division; or
(II)
the person or entity giving the money.
(c)
The Division of Finance shall deposit interest or other earnings derived from 
investment of account money into the General Fund.
(2)
Money in the disaster recovery account 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 
$500,000
$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;
(ii)
subject to Section 
53-2a-606
, in any fiscal year the division may expend or 
commit to expend an amount that exceeds 
$500,000
$3,000,000
, but does not 
exceed 
$3,000,000
$10,000,000
, 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, the Executive Offices and 
Criminal Justice Appropriations Subcommittee, the Legislative Management 
Committee, 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 
$3,000,000, but does not exceed 
$5,000,000
$10,000,000
, 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)
;
(iv)
in any fiscal year the division may expend or commit to expend an amount that 
does not exceed $500,000 to fund expenses incurred by the National Guard if:
(A)
in accordance with Section 
39A-3-103
, 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
(v)
in any fiscal year, the division may expend an amount that does not exceed 
$750,000 to fund expenses incurred to develop or enhance emergency 
management capabilities if:
(A)
the money is used for personnel, equipment, supplies, contracts, training, 
exercises, or other expenses deemed reasonable and necessary to:
(I)
promote and strengthen the state's level of resiliency through mitigation, 
preparedness, response, or recovery activities; or
(II)
meet federal grant matching requirements; and
(B)
the disaster recovery account has a balance of funds available to be utilized 
while maintaining a minimum balance of $5,000,000;
(b)
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;
(c)
to fund:
(i)
the Local Government Emergency Response Loan Fund created in Section 
53-2a-607
; and
(ii)
the 
Disaster 
Response, Recovery, and 
Post-disaster 
Mitigation Restricted 
Account created in Section 
53-2a-1302
;
(d)
the division may provide advanced funding from the disaster recovery account to 
recognized agents of the state when:
(i)
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)
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 account has a balance of funds available to be utilized while 
maintaining a minimum balance of $5,000,000;
(e)
to fund up to $500,000 for the governor's emergency appropriations described in 
Subsection 
63J-1-217(4)
; and
(f)
to pay the state's deductible in the event of an earthquake.
(3)
All funding provided in advance to an agent of the state and subsequently reimbursed 
shall be credited to the account.
(4)
The state treasurer shall invest money in the disaster recovery account according to 
Title 
51, Chapter 7, State Money Management Act
.
(5)
(a)
Except as provided in Subsections 
(1)
 and 
(2)
, the money in the disaster recovery 
account 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 account to eliminate or otherwise reduce an operating deficit if 
the money appropriated from the disaster recovery account 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 account may be expended or committed to be expended except by the 
affirmative vote of two-thirds of all the members elected to each house.
(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 2, Section 
53-2a-606
 is amended to read:
53-2a-606
. Reporting.
(1)
By no later than December 31 of each year, the division shall provide a written report to 
the governor and the Executive Offices and Criminal Justice Appropriations 
Subcommittee of:
(a)
the division's activities under this part;
(b)
money expended or committed to be expended in accordance with this part;
(c)
the balances in the disaster recovery fund; and
(d)
any unexpended balance of appropriations from the disaster recovery fund.
(2)
(a)
The governor and the Department of Public Safety shall report to the Legislative 
Management Committee an expenditure or commitment to expend made in 
accordance with Subsection 
53-2a-603(2)(a)(ii)
 or 
53-2a-1302(5)(b)(ii)
, 
53-2a-1302(6)(b)
, or 
53-2a-1302(7)
.
(b)
The governor and the Department of Public Safety shall make the report required by 
this Subsection 
(2)
 on or before the sooner of:
(i)
the day on which the governor calls the Legislature into session; or
(ii)
15 days after the division makes the expenditure or commitment to expend 
described in Subsection 
53-2a-603(2)(a)(ii)
 or 
53-2a-1302(5)(b)(ii)
, 
53-2a-1302(6)(b)
, or 
53-2a-1302(7)
.
(3)
(a)
Subject to Subsection 
(3)(b)
, before the division makes an expenditure or 
commitment to expend described in Subsection 
53-2a-603(2)(a)(iii)
 or 
53-2a-1302(5)(b)(iii)
53-2a-1302(6)(c)
, the governor and the Department of Public 
Safety shall submit the expenditure or commitment to expend to the Executive 
Appropriations Committee for 
its
the Executive Appropriations Committee's
 review 
and recommendations.
(b)
The Executive Appropriations Committee shall review the expenditure or 
commitment to expend and may:
(i)
recommend that the division make the expenditure or commitment to expend;
(ii)
recommend that the division not make the expenditure or commitment to expend; 
or
(iii)
recommend to the governor that the governor call a special session of the 
Legislature to review and approve or reject the expenditure or commitment to 
expend.
Section 3, Section 
53-2a-1301
 is amended to read:
13. Disaster Response, Recovery, and Mitigation Restricted Account
53-2a-1301
. Definitions.
As used in the part:
(1)
"Account" means the 
Disaster 
Response, Recovery, and
 Post-disaster
 Mitigation 
Restricted Account created in Section 
53-2a-1302
.
(2)
"Affected community" means a community directly affected by an ongoing or recent 
disaster.
(3)
"Affected community member" means a resident, property owner, business, nonprofit, 
or other individual or entity that is:
(a)
located within an affected community; and
(b)
suffered damage due to the ongoing or recent disaster in the affected community.
(4)
"Community" means a county, municipality, special district, or special service district.
(5)
"Disaster response and recovery" means:
(a)
action taken to respond to and recover from a disaster, including action taken to 
remove debris, implement life-saving emergency protective measures, or repair, 
replace, or restore facilities in response to a disaster; and
(b)
post-disaster hazard mitigation directly related to the recovery from the disaster 
described in Subsection 
(5)(a)
.
(6)
"Disaster response and recovery grant" means money granted to an affected community 
for disaster response and recovery.
(7)
"Minimum threshold payment amount" means the amount of costs that an affected 
community or an affected community member shall pay before the affected community 
or affected community member is eligible to receive money from a disaster response and 
recovery grant.
(8)
"Official damage assessment" means a financial assessment of the damage to an 
affected community, caused by a disaster, that is conducted under the direction of the 
governing body of the affected community, in accordance with the rules described in 
Section 
53-2a-1305
.
(8)
(9)
"Post-disaster hazard mitigation" means action taken
,
 after a natural disaster
,
 to 
reduce or eliminate risk to people or property that may occur as a result of the long-term 
effects of the natural disaster or a subsequent natural disaster, including action to prevent 
damage caused by flooding, earthquake, dam failure, wildfire, landslide, severe weather, 
drought, 
and
or
 problem soil.
(10)
"Pre-disaster mitigation" means action taken before a natural disaster occurs to reduce 
or eliminate the long-term risk to people or property that may occur as a result of a 
natural disaster, including action to prevent damage caused by flooding, earthquake, 
dam failure, wildfire, landslide, severe weather, drought, or problem soil.
(9)
"Official damage assessment" means a financial assessment of the damage to an 
affected community, caused by a disaster, that is conducted under the direction of the 
governing body of the affected community, in accordance with the rules described in 
Section 
53-2a-1305
.
Section 4, Section 
53-2a-1302
 is amended to read:
53-2a-1302
. Disaster Response, Recovery, and Mitigation Restricted Account.
(1)
There is created a restricted account in the General Fund known as the "
Disaster 
Response, Recovery, and 
Post-disaster 
Mitigation Restricted Account."
(2)
The account consists of:
(a)
money appropriated to the account by the Legislature;
(b)
money deposited into the account in accordance with Section 
63J-1-314
;
(c)
income and interest derived from the deposit and investment of money in the 
account; and
(d)
private donations, grants, gifts, bequests, or money made available from any other 
source to implement this section.
(3)
(a)
At the close of a fiscal year, money in the account exceeding $50,000,000, 
excluding money granted to the account under Subsection 
(2)(d)
, shall be transferred 
to the State Disaster Recovery Restricted Account.
(b)
Except as provided by Subsection 
(3)(a)
, money in the 
Disaster 
Response, Recovery, 
and 
Post-disaster 
Mitigation Restricted Account may only be used for the purposes 
set forth in this part.
(4)
Subject to the requirements described in this part, and upon appropriation by the 
Legislature, the division may grant money appropriated from the account
to an affected community for the affected community's disaster response and recovery 
efforts as described in Section 
53-2a-1303
.
(5)
(a)
Money in the account may only be expended or committed to be expended as 
provided in Subsections 
(5)(b)
 and 
(5)(c)
(6), (7), and (8)
.
(b)
(6)
Subject to Section 
53-2a-606
, in any fiscal year the division may expend or commit 
to expend for disaster response and recovery efforts as described in Section 
53-2a-1303
:
(i)
(a)
an amount that does not exceed 
$500,000
$3,000,000
 in response to a disaster 
described in Subsection 
53-2a-1303(2)(b)
;
(ii)
(b)
an amount that exceeds 
$500,000
$3,000,000
 but does not exceed 
$3,000,000
$10,000,000
 for a disaster described in Subsection 
53-2a-1303(2)(b)
 if the division:
(A)
(i)
before making the expenditure or commitment to expend, obtains approval 
for the expenditure or commitment from the governor;
(B)
(ii)
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, the Executive Offices and Criminal Justice Appropriations 
Subcommittee, the Legislative Management Committee, and the Office of the 
Legislative Fiscal Analyst no later than 72 hours after making the expenditure or 
commitment to expend; and
(C)
(iii)
makes the report required by Subsection 
53-2a-606(2)
; and
(iii)
(c)
an amount that exceeds 
$3,000,000 but does not exceed $5,000,000
$10,000,000
, if, before making the expenditure or commitment to expend, the 
division:
(A)
(i)
obtains approval for the expenditure or commitment from the governor; and
(B)
(ii)
submits the expenditure or commitment to expend to the Executive 
Appropriations Committee in accordance with Subsection 
53-2a-606(3)
.
(7)
(a)
Money in the account may only be expended or committed to be expended for 
pre-disaster mitigation under Subsection 
(7)(b)
 if money remains in the account at the 
end of the fiscal year after the division has expended or committed to expend money 
from the account as provided in Subsection (6).
(b)
Subject to Subsection 
(7)
(a) and in accordance with rules created under Section 
53-2a-1305
, the division may expend or commit to expend money in the account for 
pre-disaster mitigation to a community if:
(i)
the community:
(A)
submits an application to receive money for pre-disaster mitigation during the 
current fiscal year; and
(B)
meets the qualification and prioritization criteria established by rule; and
(ii)
the division:
(A)
before making the expenditure or commitment to expend to a community 
described in Subsection 
(7)(b)(i)
, obtains approval for the expenditure or 
commitment to expend from the governor;
(B)
provides written notice of the expenditure or commitment to expend described 
in Subsection 
(7)(b)(i)
 to the speaker of the House of Representatives, the 
president of the Senate, the Division of Finance, the Executive Offices and 
Criminal Justice Appropriations Subcommittee, the Legislative Management 
Committee, and the Office of the Legislative Fiscal Analyst; and
(C)
makes the report required by Subsection 
53-2a-606(2)
.
(c)
(8)
Money paid by the division under this part to government entities and private 
persons providing emergency disaster services are subject to 
Title 63G, Chapter 6a, Utah 
Procurement Code
.
Section 5, Section 
53-2a-1303
 is amended to read:
53-2a-1303
. Disaster Response and Recovery Grant.
(1)
The division may grant money under Subsection 
53-2a-1302(4)
 appropriated from the 
account after receiving an application from an affected community for a disaster 
response and recovery grant.
(2)
An affected community is eligible to receive a disaster response and recovery grant 
appropriated from the account if:
(a)
the affected community submits an application described in Subsection 
(1)
 that 
includes the information required by the rules described in Section 
53-2a-1305
;
(b)
the occurrence of a disaster in the affected community results in:
(i)
the president of the United States declaring an emergency or major disaster in the 
state;
(ii)
the governor declaring a state of emergency under Section 
53-2a-206
; or
(iii)
the local municipality or county declaring an emergency under Section 
53-2a-208
;
(c)
the governing body of the affected community conducts an official damage 
assessment of the disaster;
(d)
the division, after reviewing the application described in Subsection 
(2)(a)
, the 
official damage assessment described in Subsection 
(2)(c)
, and other information 
relevant to the division's determination, determines that a grant to the affected 
community would be an appropriate and necessary use of account funds;
(e)
the division determines there is sufficient money for the grant; and
(f)
the affected community agrees to grant funding requirements as determined by the 
division, including the affected community's minimum threshold payment amount
and cost-sharing requirements
.
Section 6, Section 
53-2a-1304
 is amended to read:
53-2a-1304
. Allowed uses for disaster response and recovery grant funds.
(1)
An affected community may use or distribute grant funds provided under Section 
53-2a-1303
 in accordance with funding guidelines provided by the division, which may 
include providing funds for disaster response and recovery to:
(a)
an affected community member;
(b)
a publicly owned facility in the affected community; or
(c)
publicly owned infrastructure in the affected community.
(2)
The director may expend money from the account to pay necessary costs of evaluating 
and administering grants under this part.
(3)
In accordance with Section 
53-2a-1305
, the division shall establish standards and 
procedures for the distribution of grant funds under this section, including standards and 
procedures for determining:
(a)
when an individual or entity described in Subsection 
(1)
 (a), (b), or (c) may receive 
grant funds;
(b)
which costs are eligible for grant funds, including administration costs; and
(c)
minimum threshold payment amounts
 and 
cost-sharing
 requirements
.
Section 7, Section 
53-2a-1305
 is amended to read:
53-2a-1305
. Rulemaking authority and division responsibilities.
(1)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
division may make rules to:
(a)
designate the requirements and procedures
for the governing body of an affected community to:
(i)
apply for a disaster response and recovery grant; and
(ii)
conduct an official damage assessment;
(b)
establish standards to determine:
(i)
the categories of and criteria for entities and costs that are eligible for grant funds; 
and
(ii)
minimum threshold payment amounts
 and cost-sharing requirements; and
;
(c)
establish standards, procedures, and criteria for a community to qualify for 
pre-disaster mitigation funding, including:
(i)
defining excluded expenses for which money may not be expended for 
pre-disaster mitigation;
(ii)
establishing criteria for prioritization of projects for money to be expended for 
pre-disaster mitigation; and
(iii)
establishing a process by which a community may apply to receive money for 
pre-disaster mitigation; and
(c)
(d)
establish standards and procedures to ensure that funds distributed in accordance 
with this part are distributed in a cost effective and equitable manner, are reasonably 
necessary for disaster response and recovery
 or pre-disaster mitigation
, are an 
appropriate and necessary use of public funds, and that all receipts and invoices are 
documented.
(2)
No later than December 31 of each year, the division shall provide the governor and the 
Criminal Justice Appropriations Subcommittee a written report of the division's 
activities under this part, including:
(a)
an accounting of the money expended or committed to be expended under this part; 
and
(b)
the balance of the account.
Section 8, Section 
63J-1-314
 is amended to read:
63J-1-314
. Deposits related to the Wildland Fire Suppression Fund and the 
Disaster Recovery Funding Act -- Wildland-urban Interface Prevention, Preparedness, 
and Mitigation Fund.
(1)
As used in this section, "operating deficit" means that, at the end of the fiscal year, the 
unassigned fund balance in the General Fund is less than zero.
(2)
Except as provided under Subsections 
(3)
 and 
(4)
, at the end of each fiscal year, the 
Division of Finance shall, after the transfer of General Fund revenue surplus has been 
made to the Medicaid Growth Reduction and Budget Stabilization Account, as provided 
in Section 
63J-1-315
, and the General Fund Budget Reserve Account, as provided in 
Section 
63J-1-312
, transfer:
(a)
to the Wildland Fire Suppression Fund created in Section 
65A-8-204
 an amount 
equal to the lesser of:
(i)
$4,000,000; or
(ii)
an amount necessary to make the balance in the Wildland Fire Suppression Fund 
equal to $12,000,000;
(b)
if no money is transferred to the Wildland Fire Suppression Fund under Subsection 
(2)(a)
, to the Wildland-urban Interface Prevention, Preparedness, and Mitigation 
Fund created in Section 
65A-8-215
 an amount equal to the lesser of:
(i)
$4,000,000; and
(ii)
the amount necessary to make the balance in the Wildland-urban Interface 
Prevention, Preparedness, and Mitigation Fund equal to $12,000,000; and
(c)
an amount into the State Disaster Recovery Restricted Account, created in Section 
53-2a-603
, from the General Fund revenue surplus as defined in Section 
63J-1-312
, 
calculated by:
(i)
determining the amount of General Fund revenue surplus after the transfer to the 
Medicaid Growth Reduction and Budget Stabilization Account under Section 
63J-1-315
, the General Fund Budget Reserve Account under Section 
63J-1-312
, 
and the transfer to the Wildland Fire Suppression Fund as described in Subsection 
(2)(a)
;
(ii)
calculating an amount equal to the lesser of:
(A)
25% of the amount determined under Subsection 
(2)(c)(i)
; or
(B)
6% of the total of the General Fund appropriation amount for the fiscal year in 
which the surplus occurs; and
(iii)
adding to the amount calculated under Subsection 
(2)(c)(ii)
 an amount equal to 
the lesser of:
(A)
25% more of the amount described in Subsection 
(2)(c)(i)
; or
(B)
the amount necessary to replace, in accordance with this Subsection 
(2)(c)(iii)
, 
any amount appropriated from the State Disaster Recovery Restricted Account 
within 10 fiscal years before the fiscal year in which the surplus occurs if:
(I)
a surplus exists; and
(II)
the Legislature appropriates money from the State Disaster Recovery 
Restricted Account that is not replaced by appropriation or as provided in 
this Subsection 
(2)(c)(iii)
.
(3)
(a)
Notwithstanding Subsection 
(2)
, if, at the end of a fiscal year, the Division of 
Finance determines that an operating deficit exists, the division shall reduce the 
transfer to the State Disaster Recovery Restricted Account by an amount necessary to 
eliminate the operating deficit, up to the full amount of the transfer.
(b)
If, after reducing the transfer to the State Disaster Recovery Account to zero under 
Subsection 
(3)(a)
, the Division of Finance determines that an operating deficit still 
exists, the division shall reduce the transfer to the Wildland Fire Suppression Fund by 
an amount necessary to eliminate the operating deficit, up to the full amount of the 
transfer.
(4)
Notwithstanding Subsection 
(2)
:
(a)
for the period beginning July 1, 2015, and ending June 30, 2020, the Division of 
Finance shall transfer to the Local Government Emergency Response Loan Fund 
25% of the amount to be transferred into the State Disaster Recovery Restricted 
Account as provided in Subsection 
(2)(c)(ii)
;
 and
(b)
on and after July 1, 2020, the Division of Finance shall transfer to the Local 
Government Emergency Response Loan Fund 10% of the amount to be transferred 
into the State Disaster Recovery Restricted Account as provided in Subsection 
(2)(c)
 ; 
and
.
(c)
on and after July 1, 2023, the Division of Finance shall
(5)
On and after July 1, 2025, once annually at the close of the fiscal year, if the balance of 
the State Disaster Recovery Restricted Account, created in Section 
53-2a-603
, exceeds 
$50,000,000, the Division of Finance shall:
(a)
reduce the balance of the State Disaster Recovery Restricted Account by the lesser of:
(i)
the amount that exceeds $50,000,000; or
(ii)
$10,000,000; and
(b)
 transfer to the 
Disaster 
Response, Recovery, and 
Post-disaster 
Mitigation 
Restricted Account 
25% of the amount to be transferred into the State Disaster 
Recovery Restricted Account as provided in Subsection 
(2)
(c)
the money described 
in Subsection (5)(a)
.
Section 9, Section 
63J-1-602.1
 is amended to read:
63J-1-602.1
. List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1)
The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(2)
Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as 
provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
(3)
Funds collected for directing and administering the C-PACE district created in Section 
11-42a-106
.
(4)
Money received by the Utah Inland Port Authority, as provided in Section 
11-58-105
.
(5)
The Commerce Electronic Payment Fee Restricted Account created in Section 
13-1-17
.
(6)
The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section 
19-2a-106
.
(7)
The Division of Water Quality Oil, Gas, and Mining Restricted Account created in 
Section 
19-5-126
.
(8)
State funds for matching federal funds in the Children's Health Insurance Program as 
provided in Section 
26B-3-906
.
(9)
Funds collected from the program fund for local health department expenses incurred in 
responding to a local health emergency under Section 
26B-7-111
.
(10)
The Technology Development Restricted Account created in Section 
31A-3-104
.
(11)
The Criminal Background Check Restricted Account created in Section 
31A-3-105
.
(12)
The Captive Insurance Restricted Account created in Section 
31A-3-304
, except to the 
extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(13)
The Title Licensee Enforcement Restricted Account created in Section 
31A-23a-415
.
(14)
The Health Insurance Actuarial Review Restricted Account created in Section 
31A-30-115
.
(15)
The State Mandated Insurer Payments Restricted Account created in Section 
31A-30-118
.
(16)
The Insurance Fraud Investigation Restricted Account created in Section 
31A-31-108
.
(17)
The Underage Drinking Prevention Media and Education Campaign Restricted 
Account created in Section 
32B-2-306
.
(18)
The Drinking While Pregnant Prevention Media and Education Campaign Restricted 
Account created in Section 
32B-2-308
.
(19)
The School Readiness Restricted Account created in Section 
35A-15-203
.
(20)
Money received by the Utah State Office of Rehabilitation for the sale of certain 
products or services, as provided in Section 
35A-13-202
.
(21)
The Homeless Shelter Cities Mitigation Restricted Account created in Section 
35A-16-402
.
(22)
The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(23)
The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(24)
The Division of Oil, Gas, and Mining Restricted account created in Section 
40-6-23
.
(25)
The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to the 
Motor Vehicle Division.
(26)
The License Plate Restricted Account created by Section 
41-1a-122
.
(27)
The Motor Vehicle Enforcement Division Temporary Permit Restricted Account 
created by Section 
41-3-110
 to the State Tax Commission.
(28)
The State Disaster Recovery Restricted Account to the Division of Emergency 
Management, as provided in Section 
53-2a-603
.
(29)
The 
Disaster 
Response, Recovery, and 
Post-disaster 
Mitigation Restricted Account 
created in Section 
53-2a-1302
.
(30)
The Department of Public Safety Restricted Account to the Department of Public 
Safety, as provided in Section 
53-3-106
.
(31)
The Utah Highway Patrol Aero Bureau Restricted Account created in Section 
53-8-303
.
(32)
The DNA Specimen Restricted Account created in Section 
53-10-407
.
(33)
The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(34)
The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(35)
A certain portion of money collected for administrative costs under the School 
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(36)
The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
, subject 
to Subsection 
54-5-1.5
(4)(d).
(37)
Funds collected from a surcharge fee to provide certain licensees with access to an 
electronic reference library, as provided in Section 
58-3a-105
.
(38)
Certain fines collected by the Division of Professional Licensing for violation of 
unlawful or unprofessional conduct that are used for education and enforcement 
purposes, as provided in Section 
58-17b-505
.
(39)
Funds collected from a surcharge fee to provide certain licensees with access to an 
electronic reference library, as provided in Section 
58-22-104
.
(40)
Funds collected from a surcharge fee to provide certain licensees with access to an 
electronic reference library, as provided in Section 
58-55-106
.
(41)
Funds collected from a surcharge fee to provide certain licensees with access to an 
electronic reference library, as provided in Section 
58-56-3.5
.
(42)
Certain fines collected by the Division of Professional Licensing for use in education 
and enforcement of the Security Personnel Licensing Act, as provided in Section 
58-63-103
.
(43)
The Relative Value Study Restricted Account created in Section 
59-9-105
.
(44)
The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(45)
Funds paid to the Division of Real Estate for the cost of a criminal background check 
for a mortgage loan license, as provided in Section 
61-2c-202
.
(46)
Funds paid to the Division of Real Estate for the cost of a criminal background check 
for principal broker, associate broker, and sales agent licenses, as provided in Section 
61-2f-204
.
(47)
Certain funds donated to the Department of Health and Human Services, as provided 
in Section 
26B-1-202
.
(48)
Certain funds donated to the Division of Child and Family Services, as provided in 
Section 
80-2-404
.
(49)
Funds collected by the Office of Administrative Rules for publishing, as provided in 
Section 
63G-3-402
.
(50)
The Immigration Act Restricted Account created in Section 
63G-12-103
.
(51)
Money received by the military installation development authority, as provided in 
Section 
63H-1-504
.
(52)
The Unified Statewide 911 Emergency Service Account created in Section 
63H-7a-304
.
(53)
The Utah Statewide Radio System Restricted Account created in Section 
63H-7a-403
.
(54)
The Utah Capital Investment Restricted Account created in Section 
63N-6-204
.
(55)
The Motion Picture Incentive Account created in Section 
63N-8-103
.
(56)
Funds collected by the housing of state probationary inmates or state parole inmates, as 
provided in Subsection 
64-13e-104
(2).
(57)
Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and 
State Lands, as provided in Section 
65A-8-103
.
(58)
The following funds or accounts created in Section 
72-2-124
:
(a)
Transportation Investment Fund of 2005;
(b)
Transit Transportation Investment Fund;
(c)
Cottonwood Canyons Transportation Investment Fund;
(d)
Active Transportation Investment Fund; and
(e)
Commuter Rail Subaccount.
(59)
The Amusement Ride Safety Restricted Account, as provided in Section 
72-16-204
.
(60)
Certain funds received by the Office of the State Engineer for well drilling fines or 
bonds, as provided in Section 
73-3-25
.
(61)
The Water Resources Conservation and Development Fund, as provided in Section 
73-23-2
.
(62)
Award money under the State Asset Forfeiture Grant Program, as provided under 
Section 
77-11b-403
.
(63)
Funds donated or paid to a juvenile court by private sources, as provided in Subsection 
78A-6-203
(1)(c).
(64)
Fees for certificate of admission created under Section 
78A-9-102
.
(65)
Funds collected for adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
(66)
Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah 
Indigent Defense Commission.
(67)
The Utah Geological Survey Restricted Account created in Section 
79-3-403
.
(68)
Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State Park, 
and Green River State Park, as provided under Section 
79-4-403
.
(69)
Certain funds received by the Division of State Parks from the sale or disposal of 
buffalo, as provided under Section 
79-4-1001
.
Section 10. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 3:04 PM