H.B. 32

1

RECREATION IMPACT FEES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John L. Valentine
5 AN ACT RELATING TO PUBLIC SAFETY; IMPOSING A SEARCH AND RESCUE FEE
6 AND SURCHARGE; CREATING THE SEARCH AND RESCUE FINANCIAL
7 ASSISTANCE PROGRAM; CREATING THE SEARCH AND RESCUE ADVISORY
8 BOARD; PROVIDING FOR REIMBURSEMENT TO COUNTIES OF CERTAIN
9 EXPENSES; PROVIDING FOR RULEMAKING; AND PROVIDING AN EFFECTIVE
10 DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 17-22-2, as last amended by Chapter 1, Laws of Utah 1996
14 23-19-42, as last amended by Chapter 145, Laws of Utah 1996
15 41-22-19, as last amended by Chapter 21, Laws of Utah 1989
16 73-18-22, as last amended by Chapter 216, Laws of Utah 1990
17 ENACTS:
18 41-22-34, Utah Code Annotated 1953
19 53-2-107, Utah Code Annotated 1953
20 53-2-108, Utah Code Annotated 1953
21 53-2-109, Utah Code Annotated 1953
22 73-18-24, Utah Code Annotated 1953
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 17-22-2 is amended to read:
25 17-22-2. Sheriff -- General duties.
26 (1) The sheriff shall:
27 (a) preserve the peace;

1 (b) make all lawful arrests;
2 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
3 required or when the court is held within his county, all courts of record, and court commissioner
4 and referee sessions held within his county, obey their lawful orders and directions, and comply
5 with the court security rule, Rule 3-414, of the Utah Code of Judicial Administration;
6 (d) upon request of the juvenile court, aid the court in maintaining order during hearings
7 and transport a minor to and from youth corrections facilities, other institutions, or other
8 designated places;
9 (e) attend county justice courts if the judge finds that the matter before the court requires
10 the sheriff's attendance for security, transportation, and escort of jail prisoners in his custody, or
11 for the custody of jurors;
12 (f) command the aid of as many inhabitants of his county as he considers necessary in the
13 execution of these duties;
14 (g) take charge of and keep the county jail and the jail prisoners;
15 (h) receive and safely keep all persons committed to his custody, file and preserve the
16 commitments of those persons, and record the name, age, place of birth, and description of each
17 person committed;
18 (i) release on the record all attachments of real property when the attachment he receives
19 has been released or discharged;
20 (j) endorse on all process and notices the year, month, day, hour, and minute of reception,
21 and, upon payment of fees, issue a certificate to the person delivering process or notice showing
22 the names of the parties, title of paper, and the time of receipt;
23 (k) serve all process and notices as prescribed by law;
24 (l) if he makes service of process or notice, certify on the process or notices the manner,
25 time, and place of service, or, if he fails to make service, certify the reason upon the process or
26 notice, and return them without delay;
27 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
28 land within his county;
29 (n) perform as required by any contracts between the county and private contractors for
30 management, maintenance, operation, and construction of county jails entered into under the
31 authority of Section 17-5-274; [and]

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1 (o) manage search and rescue services in his county; and
2 (p) perform any other duties that are required by law.
3 (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
4 subsection under Subsection (1) is a class A misdemeanor.
5 Section 2. Section 23-19-42 is amended to read:
6 23-19-42. Wildlife habitat authorization.
7 (1) (a) A person 14 years of age or older must purchase an annual wildlife habitat
8 authorization before purchasing a wildlife heritage certificate or any license or permit required by
9 this title, except:
10 (i) those licenses provided for in Sections 23-19-17.5, 23-19-34, 23-19-34.7, 23-19-36,
11 and 23-19-37;
12 (ii) reciprocal fishing stamps; and
13 (iii) one day fishing licenses.
14 (b) A person 13 years of age may purchase a wildlife habitat authorization for the purpose
15 of purchasing a big game permit if that person's 14th birthday falls within the calendar year for
16 which the permit is issued.
17 (2) A person must purchase only one wildlife habitat authorization each year regardless
18 of the number of licenses or permits purchased during that year.
19 (3) (a) In addition to the fees imposed under this chapter, there is imposed a 50 cent
20 surcharge on each annual wildlife habitat authorization.
21 (b) This surcharge shall be deposited in the General Fund as a dedicated credit for the
22 Search and Rescue Financial Assistance Program created under Section 53-2-107.
23 Section 3. Section 41-22-19 is amended to read:
24 41-22-19. Deposit of fees and related moneys in Off-highway Vehicle Account -- Use
25 for facilities, costs and expenses of division, and education -- Request for matching funds.
26 (1) [All] Except as provided under Section 41-22-34, all registration fees and related
27 moneys collected by the Motor Vehicle Division or any agencies designated to act for the Motor
28 Vehicle Division under this chapter shall be deposited as restricted revenue in the Off-highway
29 Vehicle Account in the General Fund less the costs of collecting off-highway vehicle registration
30 fees by the Motor Vehicle Division. The balance of the monies may be used by the division as
31 follows:

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1 (a) for the construction, improvement, operation, or maintenance of state-owned or
2 administered off-highway vehicle facilities;
3 (b) as matching funds with any federal agency or political subdivision of the state, for the
4 construction, improvement, operation, or maintenance of federal, municipal, or county-owned or
5 administered off-highway vehicle facilities;
6 (c) for the administration and enforcement of the provisions of this chapter; and
7 (d) for the education of off-highway vehicle users.
8 (2) All agencies or political subdivisions requesting matching funds shall submit plans for
9 proposed off-highway vehicle facilities to the division for review and approval.
10 Section 4. Section 41-22-34 is enacted to read:
11 41-22-34. Search and rescue fee -- Amount -- Deposition.
12 (1) In addition to the fees imposed under Sections 41-22-8 and 41-22-33, there is imposed
13 a search and rescue fee of 50 cents on each off-highway vehicle required to be registered or
14 renewed under Section 41-22-3.
15 (2) The fees imposed under this section shall be collected in the same manner and by the
16 same agency designated to collect the fees imposed under this chapter.
17 (3) The fees collected under this section shall be deposited in the General Fund as
18 dedicated credits for the Search and Rescue Financial Assistance Program created under Section
19 53-2-107.
20 Section 5. Section 53-2-107 is enacted to read:
21 53-2-107. Search and Rescue Financial Assistance Program -- Uses -- Rulemaking --
22 Distribution.
23 (1) "Reimbursable expenses," as used in this section, means those reasonable costs
24 incidental to search and rescue activities, not including any salary or overtime paid to any person
25 on a regular or permanent payroll, including permanent part-time employees, of any agency or
26 political subdivision of the state, including:
27 (a) rental, repair and operating costs for motor vehicles, fixed wing aircraft, helicopters,
28 snowmobiles, boats, and generators;
29 (b) replacement and upgrade of search and rescue equipment;
30 (c) training of search and rescue volunteers; and
31 (d) any other equipment or expenses necessary or appropriate for conducting search and

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1 rescue activities.
2 (2) There is created the Search and Rescue Financial Assistance Program within the
3 division.
4 (3) The program shall be funded from the following revenue sources:
5 (a) any voluntary contributions to the state received for search and rescue operations;
6 (b) monies received by the state under Subsection 23-19-42(3) and Section 41-22-34; and
7 (c) appropriations made to the program by the Legislature.
8 (4) The director shall use the monies to reimburse counties for all or a portion of each
9 county's reimbursable expenses for search and rescue operations subject to:
10 (a) the approval of the Search and Rescue Advisory Board as provided in Section
11 53-2-104;
12 (b) monies available in the program; and
13 (c) rules made under Subsection (7).
14 (5) Program monies may not be used to reimburse for any paid personnel costs or paid
15 man hours spent in emergency response and search and rescue related activities.
16 (6) The Legislature finds that these funds are for a general and statewide public purpose.
17 (7) The division, with the approval of the Search and Rescue Advisory Board, shall make
18 rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, consistent
19 with this act, establishing:
20 (a) the costs that qualify as reimbursable expenses;
21 (b) the procedures of agencies to submit expenses and be reimbursed; and
22 (c) a formula to govern the distribution of available monies between counties based on:
23 (i) the total qualifying expenses submitted;
24 (ii) the number of search and rescue incidents per county population;
25 (iii) the number of victims that reside outside the county; and
26 (iv) the number of volunteer hours spent in each county in emergency response and search
27 and rescue related activities per county population.
28 Section 6. Section 53-2-108 is enacted to read:
29 53-2-108. Search and Rescue Advisory Board -- Members -- Compensation.
30 (1) There is created the Search and Rescue Advisory Board consisting of seven members
31 appointed as follows:

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1 (a) two representatives designated by the Utah Search and Rescue Association, one of
2 whom is from a county with a population of 75,000 or more; and one from a county having a
3 population of less than 75,000;
4 (b) three representatives designated by the Utah Sheriff's Association, at least one of
5 whom shall be a member of a voluntary search and rescue unit operating in the state, at least one
6 of whom shall be from a county having a population of 75,000 or more, and at least one of whom
7 shall be from a county having a population of less than 75,000;
8 (c) one representative of the Division of Comprehensive Emergency Management
9 designated by the director; and
10 (d) one private citizen appointed by the governor with the advice and consent of the
11 Senate.
12 (2) (a) The term of each member of the board is four years.
13 (b) A member may be reappointed to one successive term.
14 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
15 appointed for the unexpired term.
16 (d) A member resigning from the board shall serve until a successor is appointed and
17 qualified.
18 (3) Members who are not government employees shall receive no compensation or
19 benefits for their services, but may receive per diem and travel expenses incurred in the
20 performance of the member's official duties at the rates established by the Division of Finance
21 under Sections 63A-3-106 and 63A-3-107.
22 Section 7. Section 53-2-109 is enacted to read:
23 53-2-109. General duties of the Search and Rescue Advisory Board.
24 (1) The duties of the Search and Rescue Advisory Board Advisory Board shall include:
25 (a) conducting a board meeting at least once per quarter;
26 (b) receiving applications for reimbursement of eligible expenses from county search and
27 rescue operations by the end of the first quarter of each calendar year;
28 (c) determining the reimbursement to be provided from the Search and Rescue Financial
29 Assistance Program to each applicant;
30 (d) standardizing the format and maintaining key search and rescue statistical data from
31 each county within the state; and

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1 (e) disbursing funds accrued in the Search and Rescue Financial Assistance Program,
2 created under Section 53-2-107, to eligible applicants until the program monies are depleted in that
3 fiscal year.
4 Section 8. Section 73-18-22 is amended to read:
5 73-18-22. Funds collected -- Disposition.
6 [All] Except as provided under Section 73-18-24, all registration fees and related moneys
7 collected by the division, or any authorized agent, shall be deposited in the Boating Account as
8 restricted revenue in the General Fund of the state, less the costs of collecting motorboat and
9 sailboat registration fees by any authorized agent. The amount retained by an authorized agent
10 may not exceed 20% of the fees charged in Section 73-18-7. The balance of the moneys may be
11 used for the construction, improvement, operation, and maintenance of state-owned boating
12 facilities, for boater education, and for the payment of the costs and expenses of the division in
13 administering and enforcing this chapter.
14 Section 9. Section 73-18-24 is enacted to read:
15 73-18-24. Search and rescue fee -- Amount -- Deposition.
16 (1) In addition to the fee imposed under Section 73-18-7, there is imposed a search and
17 rescue fee of 50 cents on each motorboat or sailboat required to pay the fee imposed under
18 Subsection 73-18-7(2) to be registered or renewed under Section 73-18-7.
19 (2) The fees imposed under this section shall be collected in the same manner and by the
20 same agency designated to collect the fees imposed under this chapter.
21 (3) The fees collected under this section shall be deposited in the General Fund as
22 dedicated credits for the Search and Rescue Financial Assistance Program created under Section
23 53-2-107.
24 Section 10. Effective date.
25 This act takes effect on July 1, 1997.


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Legislative Review Note
as of 10-2-96 8:43 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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