reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 2 - Administrative Services › Section 203 - Creation of Administrative Services Division -- Appointment of director -- Qualifications -- Term -- Compensation.

Effective 7/1/2021
53-1-203.
Creation of Administrative Services Division -- Appointment of director -- Qualifications -- Term -- Compensation.
(1) There is created within the department the Administrative Services Division.
(2) The division shall be administered by a director appointed by the commissioner with the approval of the governor.
(3) The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.
(4) The director acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.
(5) The director shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 2 - Administrative Services › Section 204 - Division duties.

Effective 5/10/2016
53-1-204.
Division duties.
The division shall:
(1) provide administrative and staff support to the commissioner;
(2) ensure that all departmental administrative processes are in compliance with state law, rules, and procedures;
(3) make deposits, pay all claims and obligations of the department, and conduct all treasury transactions;
(4) prepare the department budget, review department expenditures, prepare financial reports, and offer general assistance with financial matters to the department;
(5) coordinate and review department purchases and monitor department purchasing practices to ensure compliance with state procurement rules;
(6) coordinate the purchase, operation, maintenance, records, and final disposal of the department's vehicle fleet;
(7) make capital facility plans for the department, maintain a capital equipment inventory system, coordinate risk management records, and organize waste paper recycling; and
(8) make rules for the department authorized by this title.
Amended by Chapter 302, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 3 - Management Information Services › Section 302 - Definitions.

53-1-302.
Definitions.
As used in this part:
(1) "Director" means the division director appointed under Section 53-1-303.
(2) "Division" means the Management Information Services Division created in Section 53-1-303.
Enacted by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 3 - Management Information Services › Section 303 - Creation of Management Information Services Division -- Appointment of director -- Qualifications -- Term -- Compensation.

Effective 7/1/2021
53-1-303.
Creation of Management Information Services Division -- Appointment of director -- Qualifications -- Term -- Compensation.
(1) There is created within the department the Management Information Services Division.
(2) The division shall be administered by a director appointed by the commissioner with the approval of the governor.
(3) The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.
(4) The director acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.
(5) The director shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 1 - Administration › Part 3 - Management Information Services › Section 304 - Division duties.

53-1-304.
Division duties.
The division shall:
(1) provide technical support for the department's various computer systems, including computer software, hardware, and networking support;
(2) provide access to the National Crime Information Center, National Law Enforcement Telecommunication System, which provides electronic mail messaging capabilities to law enforcement agencies throughout the nation, and to National Commercial Driver License Information;
(3) create information systems for public safety information;
(4) provide programming support as required by the department;
(5) design systems and programs to maximize the efficiency of the department;
(6) provide law enforcement officers and criminal justice agencies access to public safety information that will assist in protecting the public; and
(7) other duties as assigned by the commissioner.
Enacted by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 1 - Emergency Management Act › Section 103 - Division of Emergency Management -- Creation -- Director -- Appointment -- Term -- Compensation.

Effective 7/1/2021
53-2a-103.
Division of Emergency Management -- Creation -- Director -- Appointment -- Term -- Compensation.
(1) There is created within the Department of Public Safety the Division of Emergency Management.
(2) The division shall be administered by a director appointed by the commissioner with the approval of the governor.
(3) The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.
(4) The director acts under the supervision and control of the commissioner and may be removed from the position at the will of the commissioner.
(5) The director shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 1 - Emergency Management Act › Section 106 - Coordination for state development in a flood plain.

Effective 5/5/2021
53-2a-106.
Coordination for state development in a flood plain.
Any state agency that plans to develop or construct a building within a flood plain shall consult and coordinate with the division to ensure compliance with minimum standards of the National Flood Insurance Program, 42 U.S.C. Chapter 50, Subchapter I.
Enacted by Chapter 106, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 202 - Legislative findings -- Purpose.

Effective 5/12/2015
53-2a-202.
Legislative findings -- Purpose.
(1) The Legislature finds that existing and increasing threats of the occurrence of destructive disasters resulting from attack, internal disturbance, natural phenomenon or technological hazard could greatly affect the health, safety, and welfare of the people of this state, and it is therefore necessary to grant to the governor of this state and its political subdivisions special emergency disaster authority.
(2) It is the purpose of this act to assist the governor of this state and its political subdivisions to effectively provide emergency disaster response and recovery assistance in order to protect the lives and property of the people.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 207 - Expenditures authorized by "state of emergency" declaration.

53-2a-207.
Expenditures authorized by "state of emergency" declaration.
(1)
(a) The director may use funds authorized under this part to provide:
(i) transportation to and from the disaster scene;
(ii) accommodations at the disaster scene for prolonged incidents; and
(iii) emergency purchase of response equipment and supplies in direct support of a disaster.
(b) The commissioner may authorize the use of funds accrued under Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act, only if the governor declares a state of emergency as provided under this part.
(2) These funds may not be allocated to a political subdivision unless the political subdivision has demonstrated that it is beyond its capability to respond to the disaster and that no other resources are available in sufficient amount to meet the disaster.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 210 - Reporting on the suspension or modification of certain statutes or rules or the suspension of the enforcement of a statute.

53-2a-210.
Reporting on the suspension or modification of certain statutes or rules or the suspension of the enforcement of a statute.
(1) The governor and the Department of Public Safety shall report the following to the Legislative Management Committee:
(a) a suspension or modification of a statute or rule under Subsection 53-2a-204(1)(j); or
(b) a suspension of the enforcement of a statute under Subsection 53-2a-209(3).
(2) The governor and the Department of Public Safety shall make the report required by this section on or before the sooner of:
(a) the day on which the governor calls the Legislature into session; or
(b) seven days after the date the governor declares the state of emergency to which the suspension or modification relates.
(3) The Legislative Management Committee shall review the suspension or modification of a statute or rule or the suspension of the enforcement of a statute described in Subsection (1) and may:
(a) recommend:
(i) that the governor continue the suspension or modification of the statute or rule or the suspension of the enforcement of the statute; and
(ii) the length of the suspension or modification of the statute or rule or the suspension of the enforcement of the statute;
(b) recommend that the governor terminate the suspension or modification of the statute or rule or the suspension of the enforcement of the statute; or
(c) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the suspension or modification of the statute or rule or the suspension of the enforcement of the statute.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 211 - Acquisition of property for public use -- Compensation of owners.

53-2a-211.
Acquisition of property for public use -- Compensation of owners.
(1)
(a) Upon proclamation of a state of emergency, the governor may purchase or lease public or private property for public use including:
(i) food and medical supplies;
(ii) clothing;
(iii) shelter;
(iv) means of transportation;
(v) fuels;
(vi) oils; or
(vii) buildings or lands.
(b) The governor may not purchase private home storage nor privately owned arms.
(2)
(a) The governor may use property purchased under authority of this section for any purpose to meet the needs of an emergency, including its use to relieve want, distress, and disease.
(b) Any property used by the governor to meet the needs of an emergency is a public use.
(3)
(a) The governor shall compensate the owner of property taken or used under authority of this section by complying with the procedures established in Title 78B, Chapter 6, Part 5, Eminent Domain.
(b) The governor shall pay for those purchases or leases from the funds available to the Division of Emergency Management under:
(i) this part; or
(ii)Title 53, Chapter 2a, Part 6, Disaster Recovery Funding Act, to the extent provided for in that part.
(4) Nothing in this section applies to or authorizes compensation for the destruction or damage of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 212 - Interstate agreements authorized -- Termination -- Mutual-aid compacts between subdivisions.

53-2a-212.
Interstate agreements authorized -- Termination -- Mutual-aid compacts between subdivisions.
(1) The governor is authorized to execute an interstate agreement or compact on behalf of this state with any other state or states only consistent with the powers herein granted concerning matters relating to a disaster affecting or likely to affect this state.
(2) The agreement or compact shall continue in force and remain binding on each party state until the Legislature or the governor of a party state takes action to withdraw. The action is not effective until 30 days after notice thereof has been sent by the governor of such party state desiring to withdraw to the governors of all other party states.
(3) Political subdivisions are authorized to enter into mutual-aid compacts with other political subdivisions within the state of Utah concerning matters involving cooperative disaster response and recovery assistance support, consistent with this chapter.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 213 - Authority additional to other emergency authority.

Effective 5/4/2022
53-2a-213.
Authority additional to other emergency authority.
(1) The special disaster emergency authority vested in the governor and political subdivisions of the state pursuant to this part shall be in addition to, and not in lieu of, any other emergency authority otherwise constitutionally or statutorily vested in the governor and political subdivisions of the state.
(2) The provisions of this chapter supersede and preempt any provision of law of a political subdivision of the state pertaining to disaster and emergency response.
Amended by Chapter 39, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 215 - Requirements for long-term emergency response -- Notice.

Effective 5/5/2021
53-2a-215.
Requirements for long-term emergency response -- Notice.
(1)
(a)
(i) Except as provided in Subsection (2), and in accordance with Subsection (1)(b), during a long-term state of emergency, the governor may not take an executive action in response to the emergency until the governor has provided notice of the proposed action to the legislative emergency response committee no later than 24 hours before the governor issues the executive action.
(ii) The governor:
(A) shall provide the notice required by Subsection (1)(a)(i) using the best available method under the circumstances as determined by the governor;
(B) may provide the notice required by Subsection (1)(a)(i) in electronic format; and
(C) shall provide the notice in written form, if practicable.
(b) Except for any conflicting provision in this section, the governor shall comply with the requirements of this chapter to take an executive action in response to a long-term emergency.
(c) If the governor takes executive action in response to a long-term emergency as described in this Subsection (1), the governor is not required to provide:
(i) the notice described in Subsection 53-2a-209(4)(a)(v); or
(ii) the report described in Section 53-2a-210.
(2)
(a) The governor may take executive action in response during a long-term emergency without complying with Subsection (1) only if the governor finds that:
(i) there is an imminent threat of serious bodily injury, loss of life, or substantial harm to property; and
(ii) compliance with Subsection (1) would increase the threat of serious bodily injury, loss of life, or substantial harm to property.
(b) If the governor takes executive action in response to a long-term emergency without complying with the requirements of Subsection (1)(a), the governor shall provide in the executive action an explanation why the requirements of Subsection (1)(a) were not met.
(3) This section supersedes any conflicting provisions of Utah law.
(4) Notwithstanding any other provision of law, the governor may not suspend the application or enforcement of this section.
Amended by Chapter 437, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 216 - Termination of an executive action or directive.

Effective 5/5/2021
53-2a-216.
Termination of an executive action or directive.
(1) The Legislature may at any time terminate by joint resolution:
(a) an order, a rule, ordinance, or action by a chief executive officer of a county or municipality as described in Section 53-2a-205 in response to a state of emergency that has been in effect for more than 30 days;
(b) a local declaration of emergency described in Section 53-2a-208 that has been in effect for more than 30 days;
(c) an order, a rule, or a regulation made by the governor, a municipality, county, or other agency as described in Section 53-2a-209;
(d) an action by the governor to suspend the enforcement of a statute as described in Subsection 53-2a-209(4); or
(e) an executive action as described in Section 53-2a-215.
(2) Notwithstanding any other provision of law, the governor may not suspend the application or enforcement of this section.
Amended by Chapter 437, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 2 - Disaster Response and Recovery Act › Section 219 - Religious practice during a state of emergency.

Effective 5/5/2021
53-2a-219.
Religious practice during a state of emergency.
(1) During a state of emergency declared as described in this chapter:
(a) the governor or chief executive officer of a political subdivision may not impose a restriction on a religious gathering that is more restrictive than a restriction on any other relevantly similar gathering; and
(b) an individual, while acting or purporting to act within the course and scope of the individual's official government capacity, may not:
(i) prevent a religious gathering that is held in a manner consistent with any order or restriction issued pursuant to this part; or
(ii) impose a penalty for a previous religious gathering that was held in a manner consistent with any order or restriction issued pursuant to this part.
(2) Upon proper grounds, a court of competent jurisdiction may grant an injunction to prevent the violation of this section.
(3) During a state of emergency declared as described in this title, the governor or the chief executive of a political subdivision shall not issue an executive order or impose or implement a regulation that substantially burdens an individual's exercise of religion unless the governor or chief executive officer of the political subdivision demonstrates that the application of the burden to the individual:
(a) is in furtherance of a compelling government interest; and
(b) is the least restrictive means of furthering that compelling government interest.
(4) Notwithstanding Subsections (1) and (3), an executive order shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite.
Enacted by Chapter 437, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 302 - Definitions.

Effective 2/27/2023
53-2a-302.
Definitions.
As used in this part:
(1) "Emergency responder":
(a) means a person in the public or private sector:
(i) who has special skills, qualification, training, knowledge, or experience, whether or not possessing a license, certificate, permit, or other official recognition for the skills, qualification, training, knowledge, or experience, that would benefit a participating political subdivision in responding to a locally declared emergency or in an authorized drill or exercise; and
(ii) whom a participating political subdivision requests or authorizes to assist in responding to a locally declared emergency or in an authorized drill or exercise; and
(b) includes:
(i) a law enforcement officer;
(ii) a firefighter;
(iii) an emergency medical services worker;
(iv) a physician, physician assistant, nurse, or other public health worker;
(v) an emergency management official;
(vi) a public works worker;
(vii) a building inspector;
(viii) an architect, engineer, or other design professional; or
(ix) a person with specialized equipment operations skills or training or with any other skills needed to provide aid in a declared emergency.
(2) "Participating political subdivision" means each county, municipality, public safety district, and public safety interlocal entity that has not adopted a resolution under Section 53-2a-306 withdrawing itself from the statewide mutual aid system.
(3) "Public safety district" means a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, that provides public safety service.
(4) "Public safety interlocal entity" means an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act, that provides public safety service.
(5) "Public safety service" means a service provided to the public to protect life and property and includes fire protection, police protection, emergency medical service, and hazardous material response service.
(6) "Requesting political subdivision" means a participating political subdivision that requests emergency assistance under Section 53-2a-207 from one or more other participating political subdivisions.
(7) "Responding political subdivision" means a participating political subdivision that responds to a request under Section 53-2a-307 from a requesting political subdivision.
(8) "State" means the state of Utah.
(9) "Statewide mutual aid system" or "system" means the aggregate of all participating political subdivisions and the state.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 303 - Statewide mutual aid committee.

53-2a-303.
Statewide mutual aid committee.
(1)
(a) There is established a statewide mutual aid committee consisting of:
(i) the director, who shall chair the committee;
(ii) one or more representatives from state agencies that provide public safety service, appointed by the director;
(iii) one or more representatives of counties, appointed by the director after considering recommendations from the Utah Association of Counties;
(iv) one or more representatives of municipalities, appointed by the director after considering recommendations from the Utah League of Cities and Towns; and
(v) one or more representatives of public safety districts and public safety interlocal entities, appointed by the director after considering recommendations from the Utah Association of Special Districts.
(b) The term of each member appointed under Subsections (1)(a)(ii) through (v) shall be two years.
(c) A committee member may not receive compensation for service on the committee in addition to any compensation received as an employee or official of a state agency or participating political subdivision.
(2) The committee shall meet at least annually to:
(a) review the progress and status of the statewide mutual aid system;
(b) assist in developing methods to track and evaluate activation of the system; and
(c) examine issues facing participating political subdivisions regarding implementation of this part.
(3) The committee shall develop comprehensive guidelines and procedures that address the operation of the system, including:
(a) projected or anticipated costs of responding to emergencies;
(b) checklists for requesting and providing assistance;
(c) record keeping for participating political subdivisions;
(d) reimbursement procedures and other necessary implementation elements and necessary forms for requests; and
(e) other records documenting deployment and return of assets.
(4) The committee may prepare an annual report on the condition and effectiveness of the statewide mutual aid system, make recommendations for correcting any deficiencies, and submit the report to an appropriate legislative committee.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 304 - Withdrawal from the statewide mutual aid system.

53-2a-304.
Withdrawal from the statewide mutual aid system.
A county, municipality, public safety district, or public safety interlocal entity may withdraw from the statewide mutual aid system by:
(1) enacting a resolution declaring that it elects not to participate in the system; and
(2) delivering a copy of the resolution to the director.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 305 - Agreements not affected by this part.

Effective 2/27/2023
53-2a-305.
Agreements not affected by this part.
Nothing in this part may be construed:
(1) to limit the state, a county, municipality, special district, special service district, or interlocal entity from entering into an agreement allowed by law for public safety and related purposes; or
(2) to affect an agreement to which the state, a county, municipality, special district, special service district, or interlocal entity is a party.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 306 - Duties of the Division of Emergency Management and participating political subdivisions.

53-2a-306.
Duties of the Division of Emergency Management and participating political subdivisions.
(1) The division shall:
(a) receive and maintain an inventory of the state and local services, equipment, supplies, personnel, and other resources related to participation in Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact, and this part; and
(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prepare and coordinate a process and plans so that the division may assist political subdivisions that are acting as agents of the state in mobilizing or demobilizing available assets in response to an intrastate or interstate disaster as provided in Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact.
(2) Each participating political subdivision in the Statewide Mutual Aid Act shall:
(a) identify potential hazards that could affect the participating political subdivision;
(b) conduct joint planning, intelligence sharing, and threat assessment development with contiguous participating political subdivisions and conduct joint training with them at least biennially;
(c) identify and inventory the services, equipment, supplies, personnel, and other resources related to participating political subdivision's planning, prevention, mitigation, response, and recovery activities; and
(d) adopt and implement the standardized incident management system approved by the division.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 307 - Requests for disaster assistance or assistance with an authorized drill or exercise.

53-2a-307.
Requests for disaster assistance or assistance with an authorized drill or exercise.
(1) The state or a participating political subdivision may request another participating political subdivision to assist:
(a) in preventing, mitigating, responding to, or recovering from a disaster, if the requesting political subdivision declares a local emergency or the state has declared a state of emergency; or
(b) with a drill or exercise that the state or requesting political subdivision has authorized.
(2) Each request under Subsection (1) shall be:
(a) made by the chief executive officer of the state or participating political subdivision or the officer's designee; and
(b) reported as soon as practical to the director.
(3)
(a) A request under Subsection (1) may be communicated orally or in writing.
(b) Each request communicated orally shall be reduced to writing and delivered to the other participating political subdivision:
(i) as soon as practical; or
(ii) within the number of days specified by the director.
(4) In responding to a request under Subsection (1), a responding political subdivision may:
(a) donate assets of any kind to a requesting political subdivision; and
(b) withhold its resources to the extent necessary to provide reasonable protection and services for its own residents.
(5) The emergency response personnel, equipment, and other assets of a responding political subdivision or the state shall be under the operational control of the incident management system of the state or requesting political subdivision, except to the extent that the exercise of operational control would result in a violation of a policy, standard, procedure, or protocol of the responding political subdivision or of the state.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 308 - Reimbursement -- Resolving reimbursement disputes.

53-2a-308.
Reimbursement -- Resolving reimbursement disputes.
(1)
(a) Each requesting political subdivision shall reimburse each responding political subdivision providing assistance to the requesting political subdivision for any loss or damage suffered or expense or cost incurred by a responding political subdivision in the operation of equipment or in providing a service in response to a request under Section 53-2a-307.
(b) Notwithstanding Subsection (1)(a), a responding political subdivision may, in its discretion:
(i) assume some or all of the loss, damage, expense, or cost; or
(ii) loan equipment or donate services to the requesting political subdivision without charge.
(2)
(a) A responding political subdivision may request reimbursement from a requesting political subdivision for the costs of providing disaster relief assistance.
(b) Each request for reimbursement shall comply with the procedures and criteria developed by the committee.
(3) If a dispute concerning reimbursement arises between a requesting political subdivision and a responding political subdivision:
(a) the requesting political subdivision and responding political subdivision shall make every effort to resolve the dispute within 30 days after either provides written notice to the other of the other's noncompliance with applicable procedures or criteria; and
(b) if the dispute is not resolved within 90 days after the notice under Subsection (3)(a), either party may submit the dispute to the committee, whose decision shall be final.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 309 - Personnel responding to requests for assistance.

53-2a-309.
Personnel responding to requests for assistance.
(1) Each person or entity holding a license, certificate, or other permit evidencing qualification in a professional, mechanical, or other skill and responding to a request from a requesting political subdivision shall, while providing assistance during a declared emergency or during an authorized drill or exercise, be considered to be licensed, certified, or permitted in the requesting political subdivision, except as limited by the chief executive officer of the requesting political subdivision.
(2) Each law enforcement officer rendering aid as provided in this part under the authority of a state of emergency declared by the governor, whether inside or outside the officer's jurisdiction, has all law enforcement powers and the same privileges and immunities that the officer has in the officer's own jurisdiction.
(3) Each employee of a responding political subdivision responding to a request by or giving assistance to a requesting political subdivision or the state as provided in this part:
(a) is entitled to:
(i) all applicable workers compensation benefits for injury or death occurring as a result of the employee's participation in the response or assistance; and
(ii) any additional state or federal benefits available for line of duty injury or death; and
(b) is, for purposes of liability, considered to be an employee of the requesting political subdivision.
(4) Each responding political subdivision and its employees are immune from liability arising out of their actions in responding to a request from a requesting political subdivision to the extent provided in Section 63G-7-201.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 3 - Statewide Mutual Aid Act › Section 310 - Severability.

53-2a-310.
Severability.
A court order declaring any provision of this part unconstitutional or invalid may not be construed to affect the validity of any other provision of this part.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 4 - Emergency Management Assistance Compact › Section 403 - Authority of governor to join compact.

53-2a-403.
Authority of governor to join compact.
The governor of Utah is authorized and directed to execute a compact on behalf of this state with any other state or states joining the Emergency Management Assistance Compact as provided in Section 53-2a-402.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 5 - Interstate Emergency Responder Mutual Aid Agreement › Section 502 - Definitions.

53-2a-502.
Definitions.
As used in this part:
(1) "Claim" has the same definition as in the following sections, as applicable:
(a) Section 6-902, Idaho Code; or
(b) Section 63G-7-102, Utah Code Annotated.
(2) "Emergency":
(a) means a situation where it reasonably appears that the life or safety of a person is at peril or real or personal property is at risk of destruction or loss;
(b) includes disasters, fires, persons who are lost or missing, boats that are sinking or are in danger of sinking, medical situations where care is needed, and transportation of persons by ambulance; and
(c) is not limited in duration to a discrete period of time.
(3)
(a) "Emergency responder" means a person whose duties include providing services to protect property or the life or safety of any person and who is:
(i) employed by a governmental entity of another state;
(ii) temporarily employed by a governmental entity; or
(iii) a volunteer who is serving at the request of a governmental entity.
(b) "Emergency responder" includes:
(i) law enforcement officers, fire fighters, search and rescue personnel, emergency medical technicians, ambulance personnel, Department of Natural Resources employees, park rangers, public utilities workers, and volunteers participating in search and rescue and other emergency management operations; and
(ii) persons and parties identified in the interstate mutual aid agreement.
(4) "Interstate mutual aid agreement" means an agreement that establishes procedures for claims against an out-of-state emergency responder, and that:
(a) is established reciprocally between the Utah Highway Patrol and the Idaho State Police;
(b) is on file with the Utah Highway Patrol; and
(c) has a duration of one year from the time the agreement is entered into by Utah and Idaho.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 5 - Interstate Emergency Responder Mutual Aid Agreement › Section 503 - Notice of claim requirements.

53-2a-503.
Notice of claim requirements.
(1) Any claim against an emergency responder or the responder's employer shall be treated for the purpose of a notice of claim as a claim against the state.
(2) The person making the claim shall comply with:
(a)Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
(b) any notice of claim requirements of the state where the emergency responder resides or is employed as an emergency responder.
(3) The person filing the claim shall provide a copy of the notice of claim with the Idaho secretary of state if the claim is filed in Utah, or with the Utah attorney general if the claim is filed in Idaho.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 5 - Interstate Emergency Responder Mutual Aid Agreement › Section 504 - Emergency responder entering Utah to respond to an emergency.

53-2a-504.
Emergency responder entering Utah to respond to an emergency.
An emergency responder who enters into Utah in response to a request for assistance by an official or emergency responder of Utah or pursuant to an agreement providing for interstate mutual aid is considered to be responding to an emergency.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 5 - Interstate Emergency Responder Mutual Aid Agreement › Section 505 - Privileges and immunities of law enforcement officers.

53-2a-505.
Privileges and immunities of law enforcement officers.
Any law enforcement officer of another state and the officer's employer are specifically entitled to the application of this part if the law enforcement officer is empowered to act under Section 19-701, Idaho Code, or an interstate mutual aid agreement.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 5 - Interstate Emergency Responder Mutual Aid Agreement › Section 506 - Privileges and immunities of emergency responders.

Effective 5/3/2023
53-2a-506.
Privileges and immunities of emergency responders.
(1) An emergency responder from another state who enters into this state has the same authority to act as an emergency responder of this state while:
(a) responding to an emergency, including providing care; or
(b) providing aid or assistance at the request of a public agency in this state.
(2) All privileges and immunities from liability, exemption from law, ordinances, and rules, and any other benefits, which apply to an emergency responder while performing duties in the responder's state of residence or state of employment as a responder, apply when the emergency responder is acting as an emergency responder in this state.
Amended by Chapter 452, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 5 - Interstate Emergency Responder Mutual Aid Agreement › Section 507 - Legislative findings -- Comity with Idaho.

53-2a-507.
Legislative findings -- Comity with Idaho.
(1) The Legislature finds, with regard to emergency responders, that:
(a)Title 6, Chapter 9, of the Idaho Code, regarding the governmental immunity laws of Idaho, is consistent with the public policy of Utah; and
(b) based on the legislative finding under Subsection (1)(a), the governmental immunity laws of Idaho apply to any claim, including any lawsuit, brought against an emergency responder, who resides in or is employed as an emergency responder in Idaho, and the emergency responder's employer, based on the emergency responder's actions in Utah when acting as an emergency responder.
(2) The Legislature finds:
(a) the damage caps in the governmental immunity laws of Idaho, although not identical to the damage caps under Section 63G-7-604, Utah Code Annotated, are consistent with the public policy of Utah; and
(b) the damage caps of Idaho apply to any claim, including any lawsuit, brought against an emergency responder, who resides in or is employed as an emergency responder in Idaho, and the emergency responder's employer, based on the emergency responder's actions in Utah when acting as an emergency responder.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 5 - Interstate Emergency Responder Mutual Aid Agreement › Section 508 - Chapter takes effect when Idaho provisions enacted.

53-2a-508.
Chapter takes effect when Idaho provisions enacted.
(1) This chapter takes effect when statutory provisions are enacted by Idaho that are reciprocal to the provisions of this part.
(2) This part remains in effect as long as the statutory provisions enacted by Idaho under Subsection (1) are in effect.
Renumbered and Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 6 - Disaster Recovery Funding Act › Section 604 - State costs for emergency disaster services.

Effective 5/10/2016
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 Utah requests and receives a federal disaster declaration, the applicant or sub-applicant agencies approved to receive assistance through federal disaster programs are responsible for any financial match requirements.
Amended by Chapter 83, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 6 - Disaster Recovery Funding Act › Section 606 - Reporting.

Effective 5/3/2023
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).
(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).
(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), the governor and the Department of Public Safety shall submit the expenditure or commitment to expend to the Executive Appropriations Committee for its 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.
Amended by Chapter 434, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 6 - Disaster Recovery Funding Act › Section 607 - Creation and administration.

Effective 5/10/2016
53-2a-607.
Creation and administration.
(1)
(a) There is created an enterprise fund known as the Local Government Emergency Response Loan Fund.
(b) The division as defined in Section 53-2a-103 is the administrator of the fund.
(2) The fund consists of:
(a) money appropriated to the fund by the Legislature;
(b) money received for the repayment of loans made from the fund;
(c) interest earned on the fund; and
(d) money deposited into the fund in accordance with Section 63J-1-314.
(3) The money in the fund shall be invested by the state treasurer according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived from money in the fund shall be deposited into the fund.
(4) Local government entities may apply through the division for a short-term loan from the fund for the purposes provided in Section 53-2a-608, provided that the local government entity:
(a) agrees to the terms of the loan; and
(b) is not in default on any other state loans administered by the Division of Finance or any other state agency.
(5) The division may not loan out:
(a) more than 50% of the total account balance available at the time that a loan request is made by a local government entity; or
(b) an amount that will leave the fund balance at less than $10,000,000.
Enacted by Chapter 134, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 2a - Emergency Management Act › Part 6 - Disaster Recovery Funding Act › Section 608 - Purposes and criteria for loans.

Effective 5/10/2016
53-2a-608.
Purposes and criteria for loans.
(1) Money in the fund shall be used by the division, as prioritized by the director, only to:
(a) provide loans to local government entities for:
(i) the costs incurred by a local government entity for providing emergency disaster services as defined in Section 53-2a-602; or
(ii) providing any state or local matching funds to secure federal funds or grants related to a declared disaster, as defined in Section 53-2a-602;
(b) pay the Division of Finance for the costs of administering the fund, providing loans, and obtaining repayments of loans; and
(c) provide funds to state agencies for the costs of responding to a declared disaster.
(2) The division shall establish the terms and conditions of the loans and the repayment schedule consistent with the following criteria:
(a) the interest rate charged and the maximum payback period on all loans shall be:
(i) the state's prime interest rate at the time of loan closing, plus zero percent, with a maximum payback period of 10 years if the applicant has reserved an average of 90% to 100% of the amount authorized in Section 53-2a-605 over the previous five fiscal years;
(ii) the state's prime interest rate at the time of loan closing, plus 2%, with a maximum payback period of five years if the applicant has reserved an average of 70% up to 90% of the amount authorized in Section 53-2a-605 over the previous five fiscal years; or
(iii) the state's prime interest rate at the time of loan closing, plus 4%, with a maximum payback period of three years if the applicant has reserved an average of 50% up to 70% of the amount authorized in Section 53-2a-605 over the previous five fiscal years; and
(b) the division may not authorize a loan from this fund on any terms or conditions to local government entities that have reserved an average of less than 50% of the amount authorized in Section 53-2a-605 over the previous five fiscal years.
(3) If the division receives multiple loan applications concurrently, priority shall be given to applicants based on the extent of their participation in the reserve account authorized in Section 53-2a-605.
Enacted by Chapter 134, 2016 General Session