<part number="53-2a-11"><catchline>Search and Rescue Act</catchline><section number="53-2a-1101"><histories><history>Enacted by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Search and Rescue Act."
</section><section number="53-2a-1102"><histories><history>Amended by Chapter <modchap sess="2025GS">285</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Search and Rescue Financial Assistance Program -- Uses -- Rulemaking -- Distribution.</catchline><subsection number="53-2a-1102(1)">As used in this section:<subsection number="53-2a-1102(1)(a)">"Assistance card program" means the Utah Search and Rescue Assistance Card Program created within this section.</subsection><subsection number="53-2a-1102(1)(b)">"Card" means the Search and Rescue Assistance Card issued under this section to a participant.</subsection><subsection number="53-2a-1102(1)(c)">"Participant" means an individual, family, or group who is registered pursuant to this section as having a valid card at the time search, rescue, or both are provided.</subsection><subsection number="53-2a-1102(1)(d)">"Program" means the Search and Rescue Financial Assistance Program created within this section.</subsection><subsection number="53-2a-1102(1)(e)"><subsection number="53-2a-1102(1)(e)(i)">"Reimbursable base expenses" means those reasonable expenses incidental to search and rescue activities.</subsection><subsection number="53-2a-1102(1)(e)(ii)">"Reimbursable base expenses" include:<subsection number="53-2a-1102(1)(e)(ii)(A)">rental for fixed wing aircraft, snowmobiles, boats, and generators;</subsection><subsection number="53-2a-1102(1)(e)(ii)(B)">replacement and upgrade of search and rescue equipment;</subsection><subsection number="53-2a-1102(1)(e)(ii)(C)">training of search and rescue volunteers;</subsection><subsection number="53-2a-1102(1)(e)(ii)(D)">costs of providing life insurance and workers' compensation benefits for volunteer search and rescue team members under Section <xref depth="3" refnumber="67-20-7.5" start="0">67-20-7.5</xref>; and</subsection><subsection number="53-2a-1102(1)(e)(ii)(E)">any other equipment or expenses necessary or appropriate for conducting search and rescue activities.</subsection></subsection><subsection number="53-2a-1102(1)(e)(iii)">"Reimbursable base expenses" do not include any salary or overtime paid to an individual on a regular or permanent payroll, including permanent part-time employees of any agency of the state.</subsection></subsection><subsection number="53-2a-1102(1)(f)">"Rescue" means search services, rescue services, or both search and rescue services.</subsection></subsection><subsection number="53-2a-1102(2)">There is created the Search and Rescue Financial Assistance Program within the division.</subsection><subsection number="53-2a-1102(3)"><subsection number="53-2a-1102(3)(a)">The financial program and the assistance card program shall be funded from the following revenue sources:<subsection number="53-2a-1102(3)(a)(i)">any voluntary contributions to the state received for search and rescue operations;</subsection><subsection number="53-2a-1102(3)(a)(ii)">money received by the state under Subsection <xref depth="4" refnumber="53-2a-1102(11)" start="0">(11)</xref> and under Sections <xref depth="3" refnumber="23A-4-209" start="0">23A-4-209</xref>, <xref depth="3" refnumber="41-22-34" start="0">41-22-34</xref>, and <xref depth="3" refnumber="73-18-24" start="0">73-18-24</xref>;</subsection><subsection number="53-2a-1102(3)(a)(iii)">money deposited under Section <xref depth="3" refnumber="59-12-103">59-12-103</xref> as a dedicated credit for the sole use of the Search and Rescue Financial Assistance Program;</subsection><subsection number="53-2a-1102(3)(a)(iv)">contributions deposited in accordance with Section <xref depth="3" refnumber="41-1a-230.7" start="0">41-1a-230.7</xref>; and</subsection><subsection number="53-2a-1102(3)(a)(v)">appropriations made to the program by the Legislature.</subsection></subsection><subsection number="53-2a-1102(3)(b)">Money received from the revenue sources in Subsections <xref depth="4" refnumber="53-2a-1102(3)(a)(i)" start="0">(3)(a)(i)</xref>, <xref depth="4" refnumber="53-2a-1102(3)(a)(ii)" start="0">(ii)</xref>, and <xref depth="4" refnumber="53-2a-1102(3)(a)(iv)" start="0">(iv)</xref>, and 90% of the money described in Subsection <xref depth="4" refnumber="53-2a-1102(3)(a)(iii)" start="0">(3)(a)(iii)</xref>, shall be deposited into the General Fund as a dedicated credit to be used solely for the program.</subsection><subsection number="53-2a-1102(3)(c)">Ten percent of the money described in Subsection <xref depth="4" refnumber="53-2a-1102(3)(a)(iii)" start="0">(3)(a)(iii)</xref> shall be deposited into the General Fund as a dedicated credit to be used solely to promote the assistance card program.</subsection><subsection number="53-2a-1102(3)(d)">Funding for the program is nonlapsing.</subsection></subsection><subsection number="53-2a-1102(4)">Subject to Subsections <xref depth="4" refnumber="53-2a-1102(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-2a-1102(3)(c)" start="0">(c)</xref>, the director shall use the money described in this section to reimburse counties for all or a portion of each county's reimbursable base expenses for search and rescue operations, subject to:<subsection number="53-2a-1102(4)(a)">the approval of the Search and Rescue Advisory Board as provided in Section <xref depth="3" refnumber="53-2a-1104" start="0">53-2a-1104</xref>;</subsection><subsection number="53-2a-1102(4)(b)">money available in the program; and</subsection><subsection number="53-2a-1102(4)(c)">rules made under Subsection <xref depth="4" refnumber="53-2a-1102(7)" start="0">(7)</xref>.</subsection></subsection><subsection number="53-2a-1102(5)">Money described in Subsection <xref depth="4" refnumber="53-2a-1102(3)" start="0">(3)</xref> may not be used to reimburse for any paid personnel costs or paid man hours spent in emergency response and search and rescue related activities.</subsection><subsection number="53-2a-1102(6)">The Legislature finds that these funds are for a general and statewide public purpose.</subsection><subsection number="53-2a-1102(7)">The division, with the approval of the Search and Rescue Advisory Board, shall make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, and consistent with this section:<subsection number="53-2a-1102(7)(a)">specifying the costs that qualify as reimbursable base expenses;</subsection><subsection number="53-2a-1102(7)(b)">defining the procedures of counties to submit expenses and be reimbursed;</subsection><subsection number="53-2a-1102(7)(c)">defining a participant in the assistance card program, including:<subsection number="53-2a-1102(7)(c)(i)">individuals; and</subsection><subsection number="53-2a-1102(7)(c)(ii)">families and organized groups who qualify as participants;</subsection></subsection><subsection number="53-2a-1102(7)(d)">defining the procedure for issuing a card to a participant;</subsection><subsection number="53-2a-1102(7)(e)">defining excluded expenses that may not be reimbursed under the program, including medical expenses;</subsection><subsection number="53-2a-1102(7)(f)">establishing the card renewal cycle for the Utah Search and Rescue Assistance Card Program;</subsection><subsection number="53-2a-1102(7)(g)">establishing the frequency of review of the fee schedule;</subsection><subsection number="53-2a-1102(7)(h)">providing for the administration of the program; and</subsection><subsection number="53-2a-1102(7)(i)">providing a formula to govern the distribution of available money among the counties for uncompensated search and rescue expenses based on:<subsection number="53-2a-1102(7)(i)(i)">the total qualifying expenses submitted;</subsection><subsection number="53-2a-1102(7)(i)(ii)">the number of search and rescue incidents per county population;</subsection><subsection number="53-2a-1102(7)(i)(iii)">the number of victims that reside outside the county; and</subsection><subsection number="53-2a-1102(7)(i)(iv)">the number of volunteer hours spent in each county in emergency response and search and rescue related activities per county population.</subsection></subsection></subsection><subsection number="53-2a-1102(8)"><subsection number="53-2a-1102(8)(a)">The division shall, in consultation with the Division of Outdoor Recreation, establish the fee schedule of the Utah Search and Rescue Assistance Card Program under Subsection <xref depth="4" refnumber="63J-1-504(9)">63J-1-504(9)</xref>.</subsection><subsection number="53-2a-1102(8)(b)">The division shall provide a discount of not less than 10% of the card fee under Subsection <xref depth="4" refnumber="53-2a-1102(8)(a)" start="0">(8)(a)</xref> to a person who has paid a fee under Section <xref depth="3" refnumber="23A-4-209" start="0">23A-4-209</xref>, <xref depth="3" refnumber="41-22-34" start="0">41-22-34</xref>, or <xref depth="3" refnumber="73-18-24" start="0">73-18-24</xref> during the same calendar year in which the person applies to be a participant in the assistance card program.</subsection></subsection><subsection number="53-2a-1102(9)">Counties may not bill reimbursable base expenses to an individual for costs incurred for the rescue of an individual, if the individual is a current participant in the Utah Search and Rescue Assistance Card Program at the time of rescue, unless:<subsection number="53-2a-1102(9)(a)">the rescuing county finds that the participant acted recklessly in creating a situation resulting in the need for the county to provide rescue services; or</subsection><subsection number="53-2a-1102(9)(b)">the rescuing county finds that the participant intentionally created a situation resulting in the need for the county to provide rescue services.</subsection></subsection><subsection number="53-2a-1102(10)"><subsection number="53-2a-1102(10)(a)">There is created the Utah Search and Rescue Assistance Card Program.  The program is located within the division.</subsection><subsection number="53-2a-1102(10)(b)">The program may not be used to cover any expenses, such as medically related expenses, that are not reimbursable base expenses related to the rescue.</subsection></subsection><subsection number="53-2a-1102(11)"><subsection number="53-2a-1102(11)(a)">To participate in the program, a person shall purchase a search and rescue assistance card from the division by paying the fee as determined by the division in Subsection <xref depth="4" refnumber="53-2a-1102(8)" start="0">(8)</xref>.</subsection><subsection number="53-2a-1102(11)(b)">The money generated by the fees shall be deposited into the General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program created in this section.</subsection><subsection number="53-2a-1102(11)(c)">Participation and payment of fees by a person under Sections <xref depth="3" refnumber="23A-4-209" start="0">23A-4-209</xref>, <xref depth="3" refnumber="41-22-34" start="0">41-22-34</xref>, and <xref depth="3" refnumber="73-18-24" start="0">73-18-24</xref> do not constitute purchase of a card under this section.</subsection></subsection><subsection number="53-2a-1102(12)">The division shall consult with the Division of Outdoor Recreation regarding:<subsection number="53-2a-1102(12)(a)">administration of the assistance card program; and</subsection><subsection number="53-2a-1102(12)(b)">outreach and marketing strategies.</subsection></subsection><subsection number="53-2a-1102(13)">Pursuant to Subsection <xref depth="4" refnumber="31A-1-103(7)" start="0">31A-1-103(7)</xref>, the Utah Search and Rescue Assistance Card Program under this section is exempt from being considered insurance as that term is defined in Section <xref depth="3" refnumber="31A-1-301" start="0">31A-1-301</xref>.</subsection></section><section number="53-2a-1103"><histories><history>Amended by Chapter <modchap sess="2020GS">352</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Search and Rescue Advisory Board -- Members -- Compensation.</catchline><subsection number="53-2a-1103(1)">
There is created the Search and Rescue Advisory Board consisting of seven members appointed as follows:
<subsection number="53-2a-1103(1)(a)">
two representatives designated by the Utah Sheriff's Association, who are members of a voluntary search and rescue unit operating in the state, one of whom is from a county having a population of 75,000 or more; and one from a county having a population of less than 75,000;</subsection><subsection number="53-2a-1103(1)(b)">
three sheriffs designated by the Utah Sheriff's Association, at least one of whom shall be from a county having a population of 75,000 or more, and at least one of whom shall be from a county having a population of less than 75,000;</subsection><subsection number="53-2a-1103(1)(c)">
one representative of the Division of Emergency Management designated by the director; and</subsection><subsection number="53-2a-1103(1)(d)">
one private citizen appointed by the governor with the advice and consent of the Senate.</subsection></subsection><subsection number="53-2a-1103(2)"><subsection number="53-2a-1103(2)(a)">
The term of each member of the board is four years.</subsection><subsection number="53-2a-1103(2)(b)">
A member may be reappointed to successive terms.</subsection><subsection number="53-2a-1103(2)(c)">
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="53-2a-1103(2)(d)">
In order to stagger the terms of membership, the members appointed or reappointed to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a term of two years, and all subsequent terms shall be four years.</subsection></subsection><subsection number="53-2a-1103(3)">
A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
<subsection number="53-2a-1103(3)(a)">
Section <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-2a-1103(3)(b)">
Section <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-2a-1103(3)(c)">
rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection></section><section number="53-2a-1104"><histories><history>Amended by Chapter <modchap sess="2015GS">258</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>General duties of the Search and Rescue Advisory Board.</catchline><tab/>The duties of the Search and Rescue Advisory Board shall include:<subsection number="53-2a-1104(1)">
conducting a board meeting at least once per quarter;</subsection><subsection number="53-2a-1104(2)">
receiving applications for reimbursement of eligible expenses from county search and rescue operations by the end of the first quarter of each calendar year;</subsection><subsection number="53-2a-1104(3)">
determining the reimbursement to be provided from the Search and Rescue Financial Assistance Program to each applicant;</subsection><subsection number="53-2a-1104(4)">
standardizing the format and maintaining key search and rescue statistical data from each county within the state; and</subsection><subsection number="53-2a-1104(5)">
disbursing funds accrued in the Search and Rescue Financial Assistance Program, created under Section <xref depth="3" refnumber="53-2a-1102" start="0">53-2a-1102</xref>, to eligible applicants.</subsection></section></part>