First Substitute S.B. 60

Senator Ralph Okerlund proposes the following substitute bill:

1 SEARCH AND RESCUE FUNDING
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ralph Okerlund
5 House Sponsor: Kay L. McIff
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Search and Rescue Financial Assistance Program regarding
10 definitions and a cross reference.
11 Highlighted Provisions:
12 This bill:
13 . revises definitions and adds a cross reference.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 53-2-107, as last amended by Laws of Utah 2008, Chapter 382
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53-2-107 is amended to read:
24 53-2-107. Search and Rescue Financial Assistance Program -- Uses -- Outdoor
25 recreation search and rescue card -- Rulemaking -- Distribution.

26 (1) (a) "Reimbursable expenses," as used in this section, means those reasonable costs
27 incidental to search and rescue activities[, not including any salary or overtime paid to any
28 person on a regular or permanent payroll, including permanent part-time employees, of any
29 agency or political subdivision of the state, including:].
30 (b) "Reimbursable expenses" include:
31 [(a)] (i) rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
32 [(b)] (ii) replacement and upgrade of search and rescue equipment;
33 [(c)] (iii) training of search and rescue volunteers; and
34 [(d)] (iv) any other equipment or expenses necessary or appropriate for conducting
35 search and rescue activities.
36 (c) "Reimbursable expenses" do not include any salary or overtime paid to any person
37 on a regular or permanent payroll, including permanent part-time employees of any agency or
38 political subdivision of the state.
39 (2) There is created the Search and Rescue Financial Assistance Program within the
40 division.
41 (3) (a) The program shall be funded from the following revenue sources:
42 (i) any voluntary contributions to the state received for search and rescue operations;
43 (ii) monies received by the state under Section 23-19-42 [and], Section 41-22-34 , and
44 Section 73-18-24 ; and
45 (iii) appropriations made to the program by the Legislature.
46 (b) All funding for the program shall be nonlapsing.
47 (4) The director shall use the monies to reimburse counties for all or a portion of each
48 county's reimbursable expenses for search and rescue operations. subject to:
49 (a) the approval of the Search and Rescue Advisory Board as provided in Section
50 53-2-109 ;
51 (b) monies available in the program; and
52 (c) rules made under Subsection (7).
53 (5) Program monies may not be used to reimburse for any paid personnel costs or paid
54 man hours spent in emergency response and search and rescue related activities.
55 (6) The Legislature finds that these funds are for a general and statewide public
56 purpose.

57 (7) The division, with the approval of the Search and Rescue Advisory Board, shall
58 make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
59 consistent with this act[, establishing]:
60 (a) specifying the costs that qualify as reimbursable expenses;
61 (b) defining the procedures of agencies to submit expenses and be reimbursed; and
62 (c) providing a formula to govern the distribution of available monies [between
63 counties based on] among the counties for uncompensated search and rescue expenses based
64 on:
65 (i) the total qualifying expenses submitted;
66 (ii) the number of search and rescue incidents per county population;
67 (iii) the number of victims that reside outside the county; and
68 (iv) the number of volunteer hours spent in each county in emergency response and
69 search and rescue related activities per county population.