S.B. 65

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Senate 2nd Reading Amendments 2-3-2006 rd/erb This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 3, 2006 at 11:41 AM by rday. --> 1

WILDLAND FIRE SUPPRESSION
2 AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David L. Thomas
6 House Sponsor: Brad L. Dee

7 Cosponsors: 8 Allen M. Christensen

Beverly Ann Evans Thomas V. Hatch

Scott K. Jenkins

9
10 LONG TITLE
11 General Description:
12 This bill modifies a county's payment obligation for participating in the Wildland Fire
13 Suppression Fund.
14 Highlighted Provisions:
15 This bill:
16 . exempts certain acres or real property from the county's payment formula for
17 participating in the Wildland Fire Suppression Fund;
18 . authorizes the Division of Forestry, Fire, and State Lands to:
19 . makes rules; and
20 . make determinations about whether an acre or certain taxable real property is
21 eligible for an exemption; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 S. [ None ] This bill coordinates with H.B. 361 by technically renumbering. .S
27 Utah Code Sections Affected:

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- 2 - 28 AMENDS:
29 65A-8-6.2, as last amended by Chapter 81, Laws of Utah 2001
30 65A-8-6.4, as last amended by Chapter 319, Laws of Utah 1997
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 65A-8-6.2 is amended to read:
34 65A-8-6.2. Agreements for coverage by the Wildland Fire Suppression Fund --
35 Eligible lands -- County and state obligations -- Termination -- Revocation.
36 (1) (a) A county legislative body may [annually] enter annually into a written
37 agreement with the state forester to provide for payment from the Wildland Fire Suppression
38 Fund of [county] fire suppression costs incurred by the county in excess of the county's fire
39 suppression budget [out of the Wildland Fire Suppression Fund].
40 (b) Fire suppression costs on forest, range, and watershed lands within the
41 unincorporated area of a county, except federal or state lands, are eligible for coverage by the
42 Wildland Fire Suppression Fund.
43 (2) (a) An agreement for payment of fire suppression costs from the Wildland Fire
44 Suppression Fund shall provide that the county shall:
45 [(a)] (i) except as provided by Subsection (2)(b), pay into the fund an amount equal to:
46 [(i)] (A) .01 times the number of acres of privately- or county-owned land in the
47 unincorporated area of the county; and
48 [(ii) .0001] (B) .0001151 times the taxable value of real property in the unincorporated
49 area of the county; and
50 [(b)] (ii) budget an amount for fire suppression costs determined to be normal by the
51 state forester in accordance with the formula specified by rule.
52 (b) A county is not required to pay for an acre or real property described in Subsection
53 (2)(a)(i) if the acre or real property:
54 (i) is subject to concentrated residential, commercial, or industrial development;
55 (ii) would not be exposed to wildland fire; and
56 (iii) would not expose any wildland to fire spreading from it.
57 (3) (a) [Except as provided in Subsection (3)(d), after the first year of operation of the
58 fund, any] Any county that elects to initiate participation in the fund, or reestablish

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60 equity payment, in addition to the assessment provided in Subsection (2)(a)(i).
61 (b) The equity payment shall represent what the county's equity in the fund would be if
62 the county had made assessments into the fund for each of the previous three years.
63 (c) The equity payment shall be determined by the state forester in accordance with
64 division rules.
65 [(d) The equity payment requirement is waived for any county that initiates
66 participation in the fund, or reestablishes participation in the fund, during the period beginning
67 on April 1, 2001 and ending on May 31, 2001.]
68 (4) The agreement shall provide that:
69 (a) the state shall pay into the fund an amount equal to the county's payment, including
70 any equity payment required under Subsection (3); and
71 (b) if monies in the fund are insufficient to pay for all eligible fire suppression costs,
72 the state shall pay for 1/2 of the county's remaining costs.
73 (5) The agreement shall provide for revocation of the agreement for failure to pay
74 assessments when due.
75 (6) Any county that elects to withdraw from participation in the fund, or whose
76 participation in the fund is revoked due to failure to pay its assessments when due, shall forfeit
77 any right to any previously paid assessments by the county.
78 Section 2. Section 65A-8-6.4 is amended to read:
79 65A-8-6.4. Division to administer Wildland Fire Suppression Fund --
80 Rulemaking -- Procedures.
81 [The] (1) By following the procedures and requirements of Title 63, Chapter 46a, Utah
82 Administrative Rulemaking Act, the division shall make rules to administer the Wildland Fire
83 Suppression Fund, including rules:
84 [(1)] (a) requiring documentation for:
85 (i) the number of acres of privately- or county-owned land in the unincorporated area
86 of [the] a participating [counties;] county; and
87 (ii) an acre or real property exempt in Subsection 65A-8-6.2 (2)(b);
88 [(2)] (b) describing the method or formula for determining:
89 [(a)] (i) normal fire suppression costs; and

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Senate 2nd Reading Amendments 2-3-2006 rd/erb 90

[(b)] (ii) equity payments required by Section 65A-8-6.2 ; and
91 [(3)] (c) specifying fire suppression and presuppression costs that may be paid with
92 disbursements from the fund.
93 (2) By following the procedures and requirements of Title 63, Chapter 46b,
94 Administrative Procedures Act, the division shall determine whether an acre or real property is
95 eligible for the exemption provided in Subsection 65A-8-6.2 (2)(b).
95a S. Section 3. Coordinating S.B. 65 with H.B. 361 -- Technical renumbering.
95b If this S.B. 65 and H.B. 361, Department of Natural Resources Amendments, both pass,
95c it is the intent of the Legislature that the Office of Legislative Research and General Counsel,
95d in preparing the Utah Code database for publication, change the references in this bill in
95e Subsections 65A-8-6.4(1)(a)(ii) and (2) from "Subsection 65A-8-6.2(2)(b)" to "Subsection
95f 65A-8-205(2)(b)". .S

Legislative Review Note
as of 1-16-06 9:55 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel