This document includes House Floor Amendments incorporated into the bill on Thu, Feb 24, 2022 at 7:22 PM by lfindlay.
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the assessment of fees by state agencies.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies provisions relating to a fee agency's charging of a new service fee or
13 regulatory fee;
14 ▸ modifies definitions applicable to provisions related to fees of state agencies;
15 ▸ requires the Governor's Office of Planning and Budget and the Division of Finance
16 to submit a report summarizing agency fee information; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 53-2a-1102, as last amended by Laws of Utah 2021, Chapter 395
25 63J-1-504, as last amended by Laws of Utah 2021, Chapter 382
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53-2a-1102 is amended to read:
29 53-2a-1102. Search and Rescue Financial Assistance Program -- Uses --
30 Rulemaking -- Distribution.
31 (1) As used in this section:
32 (a) "Assistance card program" means the Utah Search and Rescue Assistance Card
33 Program created within this section.
34 (b) "Card" means the Search and Rescue Assistance Card issued under this section to a
36 (c) "Participant" means an individual, family, or group who is registered pursuant to
37 this section as having a valid card at the time search, rescue, or both are provided.
38 (d) "Program" means the Search and Rescue Financial Assistance Program created
39 within this section.
40 (e) (i) "Reimbursable base expenses" means those reasonable expenses incidental to
41 search and rescue activities.
42 (ii) "Reimbursable base expenses" include:
43 (A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
44 (B) replacement and upgrade of search and rescue equipment;
45 (C) training of search and rescue volunteers;
46 (D) costs of providing life insurance and workers' compensation benefits for volunteer
47 search and rescue team members under Section 67-20-7.5; and
48 (E) any other equipment or expenses necessary or appropriate for conducting search
49 and rescue activities.
50 (iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
51 individual on a regular or permanent payroll, including permanent part-time employees of any
52 agency of the state.
53 (f) "Rescue" means search services, rescue services, or both search and rescue services.
54 (2) There is created the Search and Rescue Financial Assistance Program within the
56 (3) (a) The financial program and the assistance card program shall be funded from the
57 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 Subsection (11) and under Sections 23-19-42,
60 41-22-34, and 73-18-24;
61 (iii) money deposited under Subsection 59-12-103(14);
62 (iv) contributions deposited in accordance with Section 41-1a-230.7; and
63 (v) appropriations made to the program by the Legislature.
64 (b) All money received from the revenue sources in Subsections (3)(a)(i), (ii), and (iv),
65 and 90% of the money described in Subsection (3)(a)(iii), shall be deposited into the General
66 Fund as a dedicated credit to be used solely for the program.
67 (c) 10% of the money described in Subsection (3)(a)(iii) shall be deposited into the
68 General Fund as a dedicated credit to be used solely to promote the assistance card program.
69 (d) All funding for the program is nonlapsing.
70 (4) Subject to Subsections (3)(b) and (c), the director shall use the money described in
71 this section to reimburse counties for all or a portion of each county's reimbursable base
72 expenses for search and rescue operations, subject to:
73 (a) the approval of the Search and Rescue Advisory Board as provided in Section
75 (b) money available in the program; and
76 (c) rules made under Subsection (7).
77 (5) Money described in Subsection (3) may not be used to reimburse for any paid
78 personnel costs or paid man hours spent in emergency response and search and rescue related
80 (6) The Legislature finds that these funds are for a general and statewide public
82 (7) The division, with the approval of the Search and Rescue Advisory Board, shall
83 make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
84 consistent with this section:
85 (a) specifying the costs that qualify as reimbursable base expenses;
86 (b) defining the procedures of counties to submit expenses and be reimbursed;
87 (c) defining a participant in the assistance card program, including:
88 (i) individuals; and
89 (ii) families and organized groups who qualify as participants;
90 (d) defining the procedure for issuing a card to a participant;
91 (e) defining excluded expenses that may not be reimbursed under the program,
92 including medical expenses;
93 (f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
95 (g) establishing the frequency of review of the fee schedule;
96 (h) providing for the administration of the program; and
97 (i) providing a formula to govern the distribution of available money among the
98 counties for uncompensated search and rescue expenses based on:
99 (i) the total qualifying expenses submitted;
100 (ii) the number of search and rescue incidents per county population;
101 (iii) the number of victims that reside outside the county; and
102 (iv) the number of volunteer hours spent in each county in emergency response and
103 search and rescue related activities per county population.
104 (8) (a) The division shall, in consultation with the Outdoor Recreation Office, establish
105 the fee schedule of the Utah Search and Rescue Assistance Card Program under Subsection
107 (b) The division shall provide a discount of not less than 10% of the card fee under
108 Subsection (8)(a) to a person who has paid a fee under Section 23-19-42, 41-22-34, or
109 73-18-24 during the same calendar year in which the person applies to be a participant in the
110 assistance card program.
111 (9) Counties may not bill reimbursable base expenses to an individual for costs
112 incurred for the rescue of an individual, if the individual is a current participant in the Utah
113 Search and Rescue Assistance Card Program at the time of rescue, unless:
114 (a) the rescuing county finds that the participant acted recklessly in creating a situation
115 resulting in the need for the county to provide rescue services; or
116 (b) the rescuing county finds that the participant intentionally created a situation
117 resulting in the need for the county to provide rescue services.
118 (10) (a) There is created the Utah Search and Rescue Assistance Card Program. The
119 program is located within the division.
120 (b) The program may not be utilized to cover any expenses, such as medically related
121 expenses, that are not reimbursable base expenses related to the rescue.
122 (11) (a) To participate in the program, a person shall purchase a search and rescue
123 assistance card from the division by paying the fee as determined by the division in Subsection
125 (b) The money generated by the fees shall be deposited into the General Fund as a
126 dedicated credit for the Search and Rescue Financial Assistance Program created in this
128 (c) Participation and payment of fees by a person under Sections 23-19-42, 41-22-34,
129 and 73-18-24 do not constitute purchase of a card under this section.
130 (12) The division shall consult with the Outdoor Recreation Office regarding:
131 (a) administration of the assistance card program; and
132 (b) outreach and marketing strategies.
133 (13) Pursuant to Subsection 31A-1-103(7), the Utah Search and Rescue Assistance
134 Card Program under this section is exempt from being considered insurance as that term is
135 defined in Section 31A-1-301.
136 Section 2. Section 63J-1-504 is amended to read:
137 63J-1-504. Fees -- Adoption, procedure, and approval -- Establishing and
138 assessing fees without legislative approval.
139 (1) As used in this section:
140 (a) (i) "Agency" means each department, commission, board, council, agency,
141 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
142 unit, bureau, panel, or other administrative unit of the state.
143 (ii) "Agency" does not [
144 or staff office of the Legislature.
145 (b) "Agency's cost" means all of a fee agency's direct and indirect costs and expenses
146 for providing the goods or service for which the fee agency charges a fee or for regulating the
147 industry in which the persons paying the fee operate, including:
148 (i) salaries, benefits, contracted labor costs, travel expenses, training expenses,
149 equipment and material costs, depreciation expense, utility costs, and other overhead costs; and
150 (ii) costs and expenses for administering the fee.
152 charge a service fee or a regulatory fee.
154 charged by a fee agency and the amount of those fees.
155 (e) "Regulatory fee" means a fee that a fee agency charges to cover the agency's cost of
156 regulating the industry in which the persons paying the fee operate.
157 (f) "Service fee" means a fee that a fee agency charges to cover the agency's cost of
158 providing the goods or service for which the fee is charged.
159 (2) [
160 fee shall adopt a fee schedule [
162 (b) A service fee or regulatory fee that a fee agency charges shall:
164 (ii) reflect and be based on the agency's cost for the fee; and
166 director of the Governor's Office of Planning and Budget and the director of the Division of
167 Finance in conjunction with the fee agency seeking to establish the fee.
168 (3) Except as provided in Subsection [
169 (a) set fees by rule; or
170 (b) create, change, or collect any fee unless the fee has been established according to
171 the procedures and requirements of this section.
172 (4) Each fee agency that is proposing a new fee or proposing to change a fee shall:
173 (a) present each proposed fee at a public hearing, subject to the requirements of Title
174 52, Chapter 4, Open and Public Meetings Act;
175 (b) increase, decrease, or affirm each proposed fee based on the results of the public
177 (c) except as provided in Subsection [
178 Legislature as part of the agency's annual appropriations request; and
179 (d) [
180 Legislature's actions.
181 (5) (a) No later than November 30, 2022, the Governor's Office of Planning and
182 Budget and the Division of Finance shall submit a report to the Infrastructure and General
183 Government Appropriations Subcommittee of the Legislature.
184 (b) A report under Subsection (5)(a) shall:
185 (i) provide a summary of:
186 (A) the types of service fees and regulatory fees included in the fee schedules of all fee
188 (B) the methods used by fee agencies to determine the amount of fees;
189 (C) each estimated agency's cost related to each fee;
190 (D) whether a fee is intended to cover the agency's cost related to the fee;
191 (E) whether the fee agency intends to subsidize the fee to cover the agency's cost
192 related to the fee and, if so, the fee agency's justification for the subsidy; Ĥ→ and ←Ĥ
193 (F) whether the fee agency set the fee at an amount that exceeds the agency's cost
194 related to the fee and, if so, the fee agency's justification for the excess fee; and
195 (ii) include any recommendations for improving the process described in this section.
198 (b) The Legislature may approve, increase or decrease and approve, or reject any fee
199 submitted to it by a fee agency.
201 establish and assess fees without first obtaining legislative approval if:
202 (a) (i) the Legislature creates a new program that is to be funded by fees to be set by the
204 (ii) the new program's effective date is before the Legislature's next annual general
205 session; and
206 (iii) the fee agency submits the fee schedule for the new program to the Legislature for
207 its approval at a special session, if allowed in the governor's call, or at the next annual general
208 session of the Legislature, whichever is sooner; or
209 (b) (i) the fee agency proposes to increase or decrease an existing fee for the purpose of
210 adding or removing a transactional fee that is charged or assessed by a non-governmental third
211 party but is included as part of the fee charged by the fee agency;
212 (ii) the amount of the increase or decrease in the fee is equal to the amount of the
213 transactional fee charged or assessed by the non-governmental third party; and
214 (iii) the increased or decreased fee is submitted to the Legislature for the Legislature's
215 approval at a special session, if allowed in the governor's call, or at the next annual session of
216 the Legislature, whichever is sooner.
218 the governor, as part of the agency's annual appropriation request a list that identifies:
219 (i) the title or purpose of the fee;
220 (ii) the present amount of the fee;
221 (iii) the proposed new amount of the fee;
222 (iv) the percent that the fee will have increased if the Legislature approves the higher
224 (v) the estimated total annual revenue [
225 change that will result from the [
226 (vi) the account or fund into which the fee will be deposited; [
227 (vii) the reason for the change in the fee[
228 (viii) the estimated number of persons to be charged the fee;
229 (ix) the estimated agency's cost related to the fee;
230 (x) whether the fee is a service fee or a regulatory fee;
231 (xi) whether the fee is intended to cover the agency's cost related to the fee;
232 (xii) whether the fee agency intends to subsidize the fee to cover the agency's cost
233 related to the fee and, if so, the fee agency's justification for the subsidy; and
234 (xiii) whether the fee agency set the fee at an amount that exceeds the agency's cost
235 related to the fee and, if so, the fee agency's justification for the excess fee.
236 (b) (i) The governor may review and approve, modify and approve, or reject the fee
238 (ii) The governor shall transmit the list required by Subsection [
239 modifications, to the legislative fiscal analyst with the governor's budget recommendations.
240 (c) Bills approving any fee change shall be filed before the beginning of the
241 Legislature's annual general session, if possible.
243 Trust Lands Administration, established in Section 53C-1-201, is exempt from the
244 requirements of this section.
245 (b) The following fees of the School and Institutional Trust Lands Administration are
246 subject to the requirements of this section: application, assignment, amendment, affidavit for
247 lost documents, name change, reinstatement, grazing nonuse, extension of time, partial
248 conveyance, patent reissue, collateral assignment, electronic payment, and processing.