                                 CODE OF VIRGINIA

VIRGINIA DISASTER RESPONSE FUNDS DISBURSEMENTS; REIMBURSEMENTS (§ 44-146.18:1)

There is hereby created a nonlapsing revolving fund which shall be maintained as
a separate special fund account within the state treasury, and administered by
the Coordinator of Emergency Management, consistent with the purposes of this
chapter. All expenses, costs, and judgments recovered pursuant to this section,
and all moneys received as reimbursement in accordance with applicable
provisions of federal law, shall be paid into the fund. Additionally, an annual
appropriation to the fund from the general fund or other unrestricted nongeneral
fund, in an amount determined by the Governor, may be authorized to carry out
the purposes of this chapter. All recoveries from occurrences prior to March 10,
1983, and otherwise qualifying under this section, received subsequent to March
10, 1983, shall be paid into the fund. No moneys shall be credited to the
balance in the fund until they have been received by the fund. An accounting of
moneys received and disbursed shall be kept and furnished to the Governor or the
General Assembly upon request.
		Disbursements from the fund may be made for the following purposes and no
others:

1. For costs and expenses, including, but not limited to personnel,
administrative, and equipment costs and expenses directly incurred by the
Department of Emergency Management or by any other state agency or political
subdivision or other entity, acting at the direction of the Coordinator of
Emergency Management, in and for preventing or alleviating damage, loss,
hardship, or suffering caused by emergencies, resource shortages, or disasters;
and

2. For procurement, maintenance, and replenishment of materials, equipment, and
supplies, in such quantities and at such location as the Coordinator of
Emergency Management may deem necessary to protect the public peace, health, and
safety and to preserve the lives and property and economic well-being of the
people of the Commonwealth; and

3. For costs and expenses incurred by the Department of Emergency Management or
by any other state agency or political subdivision or other entity, acting at
the direction of the Coordinator of Emergency Management, in the recovery from
the effects of a disaster or in the restoration of public property or
facilities.
			The Coordinator of Emergency Management shall promptly seek reimbursement
from any person causing or contributing to an emergency or disaster for all sums
disbursed from the fund for the protection, relief and recovery from loss or
damage caused by such person. In the event a request for reimbursement is not
paid within 60 days of receipt of a written demand, the claim shall be referred
to the Attorney General for collection. The Coordinator of Emergency Management
shall be allowed to recover all legal and court costs and other expenses
incident to such actions for collection. The Coordinator is authorized to
recover any sums incurred by any other state agency or political subdivision
acting at the direction of the Coordinator as provided in this paragraph.

HISTORY: 1983, c. 48; 2000, c. 309; 2008, cc. 121, 157.