H.B. 32 Enrolled

RECREATION IMPACT FEES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: John L. Valentine
AN ACT RELATING TO PUBLIC SAFETY; IMPOSING A SEARCH AND RESCUE FEE
AND SURCHARGE; CREATING THE SEARCH AND RESCUE FINANCIAL
ASSISTANCE PROGRAM; CREATING THE SEARCH AND RESCUE ADVISORY
BOARD; PROVIDING FOR REIMBURSEMENT TO COUNTIES OF CERTAIN
EXPENSES; PROVIDING FOR RULEMAKING; APPROPRIATING $80,000 FROM
THE GENERAL FUND FOR FISCAL YEAR 1997-98 TO THE PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-22-2, as last amended by Chapter 1, Laws of Utah 1996
23-19-42, as last amended by Chapter 145, Laws of Utah 1996
41-22-19, as last amended by Chapter 21, Laws of Utah 1989
73-18-22, as last amended by Chapter 216, Laws of Utah 1990
ENACTS:
41-22-34, Utah Code Annotated 1953
53-2-107, Utah Code Annotated 1953
53-2-108, Utah Code Annotated 1953
53-2-109, Utah Code Annotated 1953
73-18-24, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-22-2 is amended to read:
17-22-2. Sheriff -- General duties.
(1) The sheriff shall:
(a) preserve the peace;

(b) make all lawful arrests;
(c) attend in person or by deputy the Supreme Court and the Court of Appeals when required
or when the court is held within his county, all courts of record, and court commissioner and referee
sessions held within his county, obey their lawful orders and directions, and comply with the court
security rule, Rule 3-414, of the Utah Code of Judicial Administration;
(d) upon request of the juvenile court, aid the court in maintaining order during hearings and
transport a minor to and from youth corrections facilities, other institutions, or other designated
places;
(e) attend county justice courts if the judge finds that the matter before the court requires the
sheriff's attendance for security, transportation, and escort of jail prisoners in his custody, or for the
custody of jurors;
(f) command the aid of as many inhabitants of his county as he considers necessary in the
execution of these duties;
(g) take charge of and keep the county jail and the jail prisoners;
(h) receive and safely keep all persons committed to his custody, file and preserve the
commitments of those persons, and record the name, age, place of birth, and description of each
person committed;
(i) release on the record all attachments of real property when the attachment he receives has
been released or discharged;
(j) endorse on all process and notices the year, month, day, hour, and minute of reception,
and, upon payment of fees, issue a certificate to the person delivering process or notice showing the
names of the parties, title of paper, and the time of receipt;
(k) serve all process and notices as prescribed by law;
(l) if he makes service of process or notice, certify on the process or notices the manner,
time, and place of service, or, if he fails to make service, certify the reason upon the process or
notice, and return them without delay;
(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public land
within his county;

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(n) perform as required by any contracts between the county and private contractors for
management, maintenance, operation, and construction of county jails entered into under the
authority of Section 17-5-274; [and]
(o) manage search and rescue services in his county; and
(p) perform any other duties that are required by law.
(2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
subsection under Subsection (1) is a class A misdemeanor.
Section 2. Section 23-19-42 is amended to read:
23-19-42. Wildlife habitat authorization -- Surcharge.
(1) (a) A person 14 years of age or older must purchase an annual wildlife habitat
authorization before purchasing a wildlife heritage certificate or any license or permit required by
this title, except:
(i) those licenses provided for in Sections 23-19-17.5, 23-19-34, 23-19-34.7, 23-19-36, and
23-19-37;
(ii) reciprocal fishing stamps; and
(iii) one day fishing licenses.
(b) A person 13 years of age may purchase a wildlife habitat authorization for the purpose
of purchasing a big game permit if that person's 14th birthday falls within the calendar year for
which the permit is issued.
(2) A person must purchase only one wildlife habitat authorization each year regardless of
the number of licenses or permits purchased during that year.
(3) (a) In addition to the fees imposed under this chapter, there is imposed a 25 cent
surcharge on each annual wildlife habitat authorization.
(b) This surcharge shall be deposited in the General Fund as a dedicated credit for the Search
and Rescue Financial Assistance Program created under Section 53-2-107.
Section 3. Section 41-22-19 is amended to read:
41-22-19. Deposit of fees and related moneys in Off-highway Vehicle Account -- Use
for facilities, costs and expenses of division, and education -- Request for matching funds.

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(1) [All] Except as provided under Section 41-22-34, all registration fees and related moneys
collected by the Motor Vehicle Division or any agencies designated to act for the Motor Vehicle
Division under this chapter shall be deposited as restricted revenue in the Off-highway Vehicle
Account in the General Fund less the costs of collecting off-highway vehicle registration fees by the
Motor Vehicle Division. The balance of the monies may be used by the division as follows:
(a) for the construction, improvement, operation, or maintenance of state-owned or
administered off-highway vehicle facilities;
(b) as matching funds with any federal agency or political subdivision of the state, for the
construction, improvement, operation, or maintenance of federal, municipal, or county-owned or
administered off-highway vehicle facilities;
(c) for the administration and enforcement of the provisions of this chapter; and
(d) for the education of off-highway vehicle users.
(2) All agencies or political subdivisions requesting matching funds shall submit plans for
proposed off-highway vehicle facilities to the division for review and approval.
Section 4. Section 41-22-34 is enacted to read:
41-22-34. Search and rescue fee -- Amount -- Deposition.
(1) In addition to the fees imposed under Sections 41-22-8 and 41-22-33, there is imposed
a search and rescue fee of 50 cents on each off-highway vehicle required to be registered or renewed
under Section 41-22-3.
(2) The fees imposed under this section shall be collected in the same manner and by the
same agency designated to collect the fees imposed under this chapter.
(3) The fees collected under this section shall be deposited in the General Fund as dedicated
credits for the Search and Rescue Financial Assistance Program created under Section 53-2-107.
Section 5. Section 53-2-107 is enacted to read:
53-2-107. Search and Rescue Financial Assistance Program -- Uses -- Rulemaking --
Distribution.
(1) "Reimbursable expenses," as used in this section, means those reasonable costs incidental
to search and rescue activities, not including any salary or overtime paid to any person on a regular

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or permanent payroll, including permanent part-time employees, of any agency or political
subdivision of the state, including:
(a) rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
(b) replacement and upgrade of search and rescue equipment;
(c) training of search and rescue volunteers; and
(d) any other equipment or expenses necessary or appropriate for conducting search and
rescue activities.
(2) There is created the Search and Rescue Financial Assistance Program within the division.
(3) (a) The program shall be funded from the following revenue sources:
(i) any voluntary contributions to the state received for search and rescue operations;
(ii) monies received by the state under Subsection 23-19-42(3) and Section 41-22-34; and
(iii) appropriations made to the program by the Legislature.
(b) All funding for the program shall be nonlapsing.
(4) The director shall use the monies to reimburse counties for all or a portion of each
county's reimbursable expenses for search and rescue operations subject to:
(a) the approval of the Search and Rescue Advisory Board as provided in Section 53-2-104;
(b) monies available in the program; and
(c) rules made under Subsection (7).
(5) Program monies 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.
(6) The Legislature finds that these funds are for a general and statewide public purpose.
(7) The division, with the approval of the Search and Rescue Advisory Board, shall make
rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, consistent with
this act, establishing:
(a) the costs that qualify as reimbursable expenses;
(b) the procedures of agencies to submit expenses and be reimbursed; and
(c) a formula to govern the distribution of available monies between counties based on:
(i) the total qualifying expenses submitted;

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(ii) the number of search and rescue incidents per county population;
(iii) the number of victims that reside outside the county; and
(iv) the number of volunteer hours spent in each county in emergency response and search
and rescue related activities per county population.
Section 6. Section 53-2-108 is enacted to read:
53-2-108. Search and Rescue Advisory Board -- Members -- Compensation.
(1) There is created the Search and Rescue Advisory Board consisting of seven members
appointed as follows:
(a) two representatives designated by the Utah Search and Rescue Association, one of whom
is from a county with a population of 75,000 or more; and one from a county having a population
of less than 75,000;
(b) three representatives designated by the Utah Sheriff's Association, at least one of whom
shall be a member of a voluntary search and rescue unit operating in the state, 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;
(c) one representative of the Division of Comprehensive Emergency Management designated
by the director; and
(d) one private citizen appointed by the governor with the advice and consent of the Senate.
(2) (a) The term of each member of the board is four years.
(b) A member may be reappointed to one successive term.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(d) A member resigning from the board shall serve until a successor is appointed and
qualified.
(3) Members who are not government employees shall receive no compensation or benefits
for their services, but may receive per diem and travel expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.

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Section 7. Section 53-2-109 is enacted to read:
53-2-109. General duties of the Search and Rescue Advisory Board.
(1) The duties of the Search and Rescue Advisory Board shall include:
(a) conducting a board meeting at least once per quarter;
(b) receiving applications for reimbursement of eligible expenses from county search and
rescue operations by the end of the first quarter of each calendar year;
(c) determining the reimbursement to be provided from the Search and Rescue Financial
Assistance Program to each applicant;
(d) standardizing the format and maintaining key search and rescue statistical data from each
county within the state; and
(e) disbursing funds accrued in the Search and Rescue Financial Assistance Program, created
under Section 53-2-107, to eligible applicants until the program monies are depleted in that fiscal
year.
Section 8. Section 73-18-22 is amended to read:
73-18-22. Funds collected -- Disposition.
[All] Except as provided under Section 73-18-24, all registration fees and related moneys
collected by the division, or any authorized agent, shall be deposited in the Boating Account as
restricted revenue in the General Fund of the state, less the costs of collecting motorboat and sailboat
registration fees by any authorized agent. The amount retained by an authorized agent may not
exceed 20% of the fees charged in Section 73-18-7. The balance of the moneys may be used for the
construction, improvement, operation, and maintenance of state-owned boating facilities, for boater
education, and for the payment of the costs and expenses of the division in administering and
enforcing this chapter.
Section 9. Section 73-18-24 is enacted to read:
73-18-24. Search and rescue fee -- Amount -- Deposition.
(1) In addition to the fee imposed under Section 73-18-7, there is imposed a search and
rescue fee of 50 cents on each motorboat or sailboat required to pay the fee imposed under
Subsection 73-18-7(2) to be registered or renewed under Section 73-18-7.

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(2) The fees imposed under this section shall be collected in the same manner and by the
same agency designated to collect the fees imposed under this chapter.
(3) The fees collected under this section shall be deposited in the General Fund as dedicated
credits for the Search and Rescue Financial Assistance Program created under Section 53-2-107.
Section 10. Appropriation.
There is appropriated from the General Fund for fiscal year 1997-98, $80,000 to the Search
and Rescue Financial Assistance Program created under Section 53-2-107.
Section 11. Effective date.
This act takes effect on July 1, 1997.

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