2006 Utah Code - 63-5a-3 — Authority of governor -- Federal assistance -- Fraud in application for financial assistance -- Penalty.

     63-5a-3.   Authority of governor -- Federal assistance -- Fraud in application for financial assistance -- Penalty.
     (1) In addition to any other authorities conferred upon the governor, the governor during the declared state of emergency is authorized and empowered to:
     (a) utilize all available resources of state government as reasonably necessary to cope with a "state of emergency";
     (b) employ measures and give direction to state and local officers and agencies which are reasonable and necessary for the purpose of securing compliance with the provisions of this act and with orders, rules and regulations made pursuant to this act;
     (c) recommend and advise the evacuation of all or part of the population from any stricken or threatened area within the state if necessary for the preservation of life;
     (d) recommend routes, modes of transportation, and destination in connection with evacuation;
     (e) in connection with evacuation suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles, not to include the lawful bearing of arms;
     (f) control ingress and egress to and from a disaster area, the movement of persons within the area, and recommend the occupancy or evacuation of premises in a disaster area;
     (g) clear or remove from publicly or privately owned land or water through the use of state departments or agencies, debris or wreckage which may threaten public health, public safety, or private property as hereinafter provided:
     (i) whenever the governor provides for clearance of debris or wreckage pursuant to this subsection, employees of the designated state agencies are authorized to enter upon private land or waters and perform any tasks necessary for the removal or clearance operation;
     (ii) authority under this subsection shall not be exercised unless the affected political subdivision, corporation, organization or individual shall first present an unconditional authorization for removal of such debris or wreckage from private property and agree to indemnify the state government against any claim arising from such removal;
     (h) recommend to the legislature additional action he deems necessary to carry out the provisions of this act.
     (2) When the governor has proclaimed a "state of emergency" under this act and when the president of the United States, at the request of the governor, has declared an "emergency" or a "major disaster" to exist in this state, the governor is authorized:
     (a) to enter into agreement with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of this state;
     (b) to assist any political subdivision of this state to acquire sites and utilities necessary for such temporary housing by passing through any funds made available to the governor by an agency of the United States for this purpose;
     (c) to temporarily suspend or modify by proclamation, during the period of the emergency, any public health, safety, zoning, transportation or other requirement of the law or regulation within this state if such action is essential to provide temporary housing for disaster victims;
     (d) upon determination that a political subdivision of the state will suffer a substantial loss of tax and other revenues because of a disaster and the political subdivision so affected has demonstrated a need for financial assistance to perform its governmental functions, in accordance

with the provisions of the Utah Constitution, Article XIV, Sections 3 and 4, and Section 10-8-6, to apply to the federal government for a loan on behalf of the political subdivision, and to receive and disburse the proceeds to the applicant political subdivision. No application amount shall exceed 25% of the annual operating budget of the applicant political subdivision for the fiscal year in which the disaster occurs;
     (e) to accept funds from the federal government and make grants to any political subdivision for the purpose of removing debris or wreckage from publicly owned land or water;
     (f) upon determination that financial assistance is essential to meet disaster related expenses of individuals or families adversely affected by a disaster which cannot be sufficiently met from other means of assistance, to apply for, accept and expend a grant by the federal government to fund such financial assistance, subject to the terms and conditions imposed upon the grant.
     (3) Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under this section shall, upon conviction of each offense, be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both.

Amended by Chapter 12, 1994 General Session