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SEARCH AND RESCUE FINANCIAL ASSISTANCE

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AMENDMENTS

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2015 GENERAL SESSION

4     
STATE OF UTAH

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Chief Sponsor: Sophia M. DiCaro

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Senate Sponsor: David P. Hinkins

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8     LONG TITLE
9     General Description:
10          This bill creates within the Emergency Management Act the Utah Search and Rescue
11     Assistance Card Program regarding reimbursement of rescue expenses.
12     Highlighted Provisions:
13          This bill:
14          ▸     establishes a voluntary Utah Search and Rescue Assistance Card Program with
15     cards to be issued by the Division of Emergency Management for the purpose of
16     providing an additional revenue source for the Search and Rescue Financial
17     Assistance Program; and
18          ▸     allows counties the option to not bill individuals for the costs of their rescue if they
19     were registered as having a current Search and Rescue Assistance Card at the time
20     of the rescue.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          53-2a-1102, as renumbered and amended by Laws of Utah 2013, Chapter 295
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53-2a-1102 is amended to read:
31          53-2a-1102. Search and Rescue Financial Assistance Program -- Uses --
32     Rulemaking -- Distribution.
33          (1) (a) "Assistance card program" means the Utah Search and Rescue Assistance Card
34     Program created within this section.
35          (b) "Card" means the Search and Rescue Assistance Card issued under this section to a
36     participant.
37          (c) "Participant" means an individual, family, or group who is registered pursuant to
38     this section as having a valid card at the time search, rescue, or both are provided to the person.
39          (d) "Program" means the Search and Rescue Financial Assistance Program created
40     within this section.
41          [(1) (a)] (e) (i) "Reimbursable expenses," as used in this section, means those
42     reasonable expenses incidental to search and rescue activities.
43          [(b)] (ii) "Reimbursable expenses" include:
44          [(i)] (A) rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
45          [(ii)] (B) replacement and upgrade of search and rescue equipment;
46          [(iii)] (C) training of search and rescue volunteers;
47          [(iv)] (D) costs of providing workers' compensation benefits for volunteer search and
48     rescue team members under Section 67-20-7.5; and
49          [(v)] (E) any other equipment or expenses necessary or appropriate for conducting
50     search and rescue activities.
51          [(c)] (f) "Reimbursable expenses" do not include any salary or overtime paid to any
52     person on a regular or permanent payroll, including permanent part-time employees of any
53     agency [or political subdivision] of the state.
54          (g) "Rescue" means search services, rescue services, or both search and rescue services.
55          (2) There is created the Search and Rescue Financial Assistance Program within the
56     division.
57          (3) (a) The program shall be funded from the following revenue sources:
58          (i) any voluntary contributions to the state received for search and rescue operations;
59          (ii) money received by the state under [Section] Subsection (11) and under Sections
60     23-19-42, [Section] 41-22-34, and [Section] 73-18-24; and
61          (iii) appropriations made to the program by the Legislature.
62          (b) All money received from the revenue sources in Subsections (3)(a)(i) and (ii) shall
63     be deposited into the General Fund as a dedicated credit to be used solely for the purposes
64     under this section.
65          [(b)] (c) All funding for the program [shall be] is nonlapsing.
66          (4) The director shall use the money to reimburse counties for all or a portion of each
67     county's reimbursable expenses for search and rescue operations, subject to:
68          (a) the approval of the Search and Rescue Advisory Board as provided in Section
69     53-2a-1104;
70          (b) money available in the program; and
71          (c) rules made under Subsection (7).
72          (5) Program money may not be used to reimburse for any paid personnel costs or paid
73     man hours spent in emergency response and search and rescue related activities.
74          (6) The Legislature finds that these funds are for a general and statewide public
75     purpose.
76          (7) The division, with the approval of the Search and Rescue Advisory Board, shall
77     make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
78     consistent with this [act] section:
79          (a) specifying the costs that qualify as reimbursable expenses;
80          (b) defining the procedures of [agencies] counties to submit expenses and be
81     reimbursed; [and]
82          (c) defining a participant in the assistance card program, including:
83          (i) individuals; and
84          (ii) families and organized groups who qualify as participants;
85          (d) defining the procedure for issuing a card to a participant;
86          (e) defining excluded expenses that may not be reimbursed under the program,
87     including medical expenses;
88          (f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
89     Program;
90          (g) establishing the frequency of review of the fee schedule;
91          (h) providing for the administration of the program; and
92          [(c)] (i) providing a formula to govern the distribution of available money among the
93     counties for uncompensated search and rescue expenses based on:
94          (i) the total qualifying expenses submitted;
95          (ii) the number of search and rescue incidents per county population;
96          (iii) the number of victims that reside outside the county; and
97          (iv) the number of volunteer hours spent in each county in emergency response and
98     search and rescue related activities per county population.
99          (8) The division shall, in consultation with the Outdoor Recreation Office, establish the
100     fee schedule of the Search and Rescue Assistance Card under Subsection 63J-1-504(6).
101          (9) (a) Counties may bill reimbursable expenses to an individual for costs incurred for
102     the rescue of an individual, if the individual is not a participant in the Utah Search and Rescue
103     Assistance Card Program.
104          (b) Counties may bill a participant for reimbursable expenses for costs incurred for the
105     rescue of the participant if the participant is found by the rescuing county to have acted
106     recklessly or to have intentionally created a situation resulting in the need for a county to
107     provide rescue service for the participant.
108          (10) (a) There is created the Utah Search and Rescue Assistance Card Program. The
109     program is located within the division.
110          (b) The program may not be utilized to cover any expenses, such as medically related
111     expenses, that are not reimbursable expenses related to the rescue.
112          (11) (a) To participate in the program, a person shall purchase a Search and Rescue
113     Assistance Card from the division by paying the fee as determined by the division in
114     Subsection (8).
115          (b) The money generated by the fees shall be deposited into the General Fund as a
116     dedicated credit for the Search and Rescue Financial Assistance Program created in this
117     section.
118          (c) Participation and payment of fees by a person under Sections 23-19-42, 41-22-34,
119     and 73-18-24 do not constitute purchase of a card under this section.
120          (12) The division shall consult with the Outdoor Recreation Office regarding:
121          (a) administration of the financial assistance program and the assistance card program;
122     and
123          (b) outreach and marketing strategies.
124          Section 2. Effective date.
125          This bill takes effect on July 1, 2015.




Legislative Review Note
     as of 2-11-15 4:03 PM

Office of Legislative Research and General Counsel