CO Code § 24-33.5-706 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 33.5 - Public Safety|Part 7 - Emergency Management|§ 24-33.5-706. Disaster Emergency Fund - Established - Financing - Legislative Intent - Repeal

  It is the intent of the general assembly and declared to be the policy of the state that funds to meet disaster emergencies shall always be available.      A disaster emergency fund is hereby established. The fund consists of any moneys appropriated by the general assembly, moneys transferred pursuant to subsections (2.5) and (4)(b) of this section, and moneys to reimburse expenditures from the fund that are transmitted to the state treasurer and credited to the fund. Moneys in the disaster emergency fund shall remain in the fund until expended or until transferred pursuant to subsection (2.5)(c), (4.3), or (4.5) of this section. (2) (a) A disaster emergency fund is hereby established. The fund consists of any moneys appropriated by the general assembly, moneys transferred pursuant to subsections (2.5) and (4)(b) of this section, and moneys to reimburse expenditures from the fund that are transmitted to the state treasurer and credited to the fund. Moneys in the disaster emergency fund shall remain in the fund until expended or until transferred pursuant to subsection (2.5)(c), (4.3), or (4.5) of this section.    Repealed.   (2.5) (a) The 2013 flood recovery account is hereby created in the disaster emergency fund. The account consists of money transferred in accordance with subsection (2.5)(b) of this section and any money that the general assembly specifically appropriates to the account. The money that is transferred or appropriated to the account is to be used for the costs associated with the response and recovery from the flood that occurred in the state in 2013. The governor shall not use the money in the account for any other purpose.    On July 1, 2017, the state treasurer shall transfer twelve million five hundred thousand dollars from the general fund to the 2013 flood recovery account in the disaster emergency fund.    This subsection (2.5) is repealed, effective June 30, 2021. The state treasurer shall transfer any unexpended money remaining in the 2013 flood recovery account as of that date to the general fund.          Repealed.      It is the legislative intent that first recourse be to money regularly appropriated to state and local agencies. If the governor finds that the demands placed upon this money in coping with a particular disaster are unreasonably great, the governor may make money available from the disaster emergency fund. (4) (a) It is the legislative intent that first recourse be to money regularly appropriated to state and local agencies. If the governor finds that the demands placed upon this money in coping with a particular disaster are unreasonably great, the governor may make money available from the disaster emergency fund.    If money available from the disaster emergency fund is insufficient, the governor may transfer to the fund and expend money appropriated for other purposes.  (4.3) If the disaster emergency fund is credited with reimbursements of moneys previously expended to cope with a particular disaster, to the extent that all or a portion of those moneys were transferred and expended by the governor pursuant to paragraph (b) of subsection (4) of this section, the governor may transfer moneys to the funds as repayment for the amounts the governor originally transferred from said funds to the disaster emergency fund.    (4.5) (a) The governor may, from time to time as the governor deems necessary based on his or her determination that a disaster emergency is imminent, direct the state treasurer to transfer, and the state treasurer shall transfer, moneys from the disaster emergency fund to the resource mobilization fund created in section 24-33.5-705.4 (6).    The governor may, from time to time as the governor deems necessary based on his or her determination that a wildfire-related disaster emergency is imminent, direct the state treasurer to transfer, and the state treasurer shall transfer, moneys from the disaster emergency fund to the wildfire emergency response fund created in section 24-33.5-1226 (1).          The director of the division of homeland security and emergency management is authorized to establish, pursuant to article 4 of this title 24, the rules that govern the reimbursement of funds to state agencies and political subdivisions and to promulgate such rules.    Nothing in this section limits the governor's authority to apply for, administer, and expend grants, gifts, or payments in aid of disaster prevention, preparedness, response, or recovery.      No later than September 20, 2020, the office of state planning and budgeting shall submit a report to the joint budget committee of the expenditures from the fund during the last twelve months. Notwithstanding section 24-1-136 (11)(a), no later than the twentieth day of every third month thereafter, the office shall submit a report to the joint budget committee of the expenditures from the fund since the last report. The office shall separately identify expenditures by disaster, if there is more than one to be included in the report, and, for each disaster, the office shall identify: (7) (a) No later than September 20, 2020, the office of state planning and budgeting shall submit a report to the joint budget committee of the expenditures from the fund during the last twelve months. Notwithstanding section 24-1-136 (11)(a), no later than the twentieth day of every third month thereafter, the office shall submit a report to the joint budget committee of the expenditures from the fund since the last report. The office shall separately identify expenditures by disaster, if there is more than one to be included in the report, and, for each disaster, the office shall identify:   Amounts and sources of any money transferred to the fund related to the disaster;    Total encumbrances for disasters at the time of the disaster emergency declaration;    State agencies that received funds and amounts received;    Total expenditures by state agency; and    A breakdown of expenditures.       The office of state planning and budgeting shall post the reports required by subsection (7)(a) of this section on the office's website.       The state auditor shall conduct or cause to be conducted a performance audit of the fund that is completed on December 1, 2022. On or before December 1, 2024, and December 1 of every second year thereafter, the state auditor shall conduct a financial audit of the fund for the two most recently completed fiscal years as of the date of the audit report.     Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1080, § 10, effective July 1. L. 2013: (2)(a) and (4) amended and (4.3) added, (HB 13-1282), ch. 206, p. 853, § 1, effective May 11; (2)(a) amended, (SB 13-270), ch. 250, p. 1312, § 1, effective May 23; (4.5) added, (HB 13-1031), ch. 369, p. 2158, § 2, effective June 5; (4.5) amended, (SB 13-270), ch. 250, p. 1312, § 2, effective June 5; (2)(b) repealed, (HB 13-1300), ch. 316, p. 1684, § 60, effective August 7. L. 2017: (2)(a) amended and (2.5) added, (SB 17-261), ch. 180, p. 661, § 1, effective April 28. L. 2018: (3) repealed and (4) and (5) amended, (HB 18-1394), ch. 234, p. 1467, § 11, effective August 8. L. 2020: (7) and (8) added, (HB 20-1426), ch. 306, p. 1557, § 2, effective July 14.   Editor's note: (1) This section is similar to former § 24-32-2106 as it existed prior to 2012.   (2) Amendments to subsection (2)(a) by Senate Bill 13-270 and House Bill 13-1282 were harmonized.   (3) Section 10(2)(b) of chapter 250, Session Laws of Colorado 2013, provides that amendments to subsection (4.5) take effect upon passage or the effective date of House Bill 13-1031, whichever is later, only if House Bill 13-1031 becomes law. Senate Bill 13-270 (chapter 250) was signed by the governor on May 23, 2013, and House Bill 13-1031 was signed by the governor on June 5, 2013.