Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 324 (2015GS)

Sponsor

Rep. DiCaro, S.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• establishes a voluntary Utah Search and Rescue Assistance Card Program with cards to be issued by the Division of Emergency Management for the purpose of providing an additional revenue source for the Search and Rescue Financial Assistance Program; 17a Ĥ→
• requires the division to provide a discount of not less than 10 percent on the search 17b and rescue card fee if the applicant has paid for a hunting or fishing license, an off-highway 17c vehicle registration, or a motorboat or sailboat registration in the same year the person applies 17d for the assistance card program; ←Ĥ and
• allows counties the option to Ĥ→ [ not ] ←Ĥ bill individuals for the costs of their 18a rescue if Ĥ→ [ they were ] the individual is not ←Ĥ registered as having a current Search and Rescue Assistance Card 19a at the time of the rescue.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Mon, Mar 2, 2015 at 10:53 AM by lerror.
This document includes House Floor Amendments incorporated into the bill on Thu, Mar 5, 2015 at 11:54 AM by jeyring.
SEARCH AND RESCUE FINANCIAL ASSISTANCE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sophia M. DiCaro
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill creates within the Emergency Management Act the Utah Search and Rescue
Assistance Card Program regarding reimbursement of rescue expenses.
Highlighted Provisions:
This bill:
▸ establishes a voluntary Utah Search and Rescue Assistance Card Program with
cards to be issued by the Division of Emergency Management for the purpose of
providing an additional revenue source for the Search and Rescue Financial
Assistance Program;
17a 
 Ĥ→ 
▸ requires the division to provide a discount of not less than 10 percent on the search
17b 
and rescue card fee if the applicant has paid for a hunting or fishing license, an off-highway
17c 
vehicle registration, or a motorboat or sailboat registration in the same year the person applies
17d 
for the assistance card program;
 ←Ĥ
 and
▸ allows counties the option to 
Ĥ→ [
not
] ←Ĥ
 bill individuals for the costs of their
18a rescue if 
Ĥ→ [
they
were
] 
the individual is not
 ←Ĥ
 registered as having a current Search and Rescue Assistance Card
19a at the time
of the rescue.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53-2a-1102
, as renumbered and amended by Laws of Utah 2013, Chapter 295
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-2a-1102
 is amended to read:
53-2a-1102.
Search and Rescue Financial Assistance Program -- Uses --
Rulemaking -- Distribution.
(1) (a) "Assistance card program" means the Utah Search and Rescue Assistance Card
Program created within this section.
(b) "Card" means the Search and Rescue Assistance Card issued under this section to a
participant.
(c) "Participant" means an individual, family, or group who is registered pursuant to
this section as having a valid card at the time search, rescue, or both are provided
Ĥ→ [
to the
38a 
person
] ←Ĥ
.
(d) "Program" means the Search and Rescue Financial Assistance Program created
within this section.
[
(1) (a)
] 
(e) (i)
 "Reimbursable expenses," as used in this section, means those
reasonable expenses incidental to search and rescue activities.
[
(b)
] 
(ii)
 "Reimbursable expenses" include:
[
(i)
] 
(A)
 rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
[
(ii)
] 
(B)
 replacement and upgrade of search and rescue equipment;
[
(iii)
] 
(C)
 training of search and rescue volunteers;
[
(iv)
] 
(D)
 costs of providing workers' compensation benefits for volunteer search and
rescue team members under Section 
67-20-7.5
; and
[
(v)
] 
(E)
 any other equipment or expenses necessary or appropriate for conducting
search and rescue activities.
[
(c)
] 
(f)
 "Reimbursable expenses" do not include any salary or overtime paid to any
person on a regular or permanent payroll, including permanent part-time employees of any
agency [
or political subdivision
] of the state.
(g) "Rescue" means search services, rescue services, or both search and rescue services.
(2) There is created the Search and Rescue Financial Assistance Program within the
division.
(3) (a) The program shall be funded from the following revenue sources:
(i) any voluntary contributions to the state received for search and rescue operations;
(ii) money received by the state under [
Section
] 
Subsection (11) and under Sections
23-19-42
, [
Section
] 
41-22-34
, and [
Section
] 
73-18-24
; and
(iii) appropriations made to the program by the Legislature.
(b) All money received from the revenue sources in Subsections (3)(a)(i) and (ii) shall
be deposited into the General Fund as a dedicated credit to be used solely for the purposes
under this section.
[
(b)
] 
(c)
 All funding for the program [
shall be
] 
is
 nonlapsing.
(4) The director shall use the money to reimburse counties for all or a portion of each
county's reimbursable expenses for search and rescue operations, subject to:
(a) the approval of the Search and Rescue Advisory Board as provided in Section
53-2a-1104
;
(b) money available in the program; and
(c) rules made under Subsection (7).
(5) Program money may not be used to reimburse for any paid personnel costs or paid
man hours spent in emergency response and search and rescue related activities.
(6) The Legislature finds that these funds are for a general and statewide public
purpose.
(7) The division, with the approval of the Search and Rescue Advisory Board, shall
make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
consistent with this [
act
] 
section
:
(a) specifying the costs that qualify as reimbursable expenses;
(b) defining the procedures of [
agencies
] 
counties
 to submit expenses and be
reimbursed; [
and
]
(c) defining a participant in the assistance card program, including:
(i) individuals; and
(ii) families and organized groups who qualify as participants;
(d) defining the procedure for issuing a card to a participant;
(e) defining excluded expenses that may not be reimbursed under the program,
including medical expenses;
(f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
Program;
(g) establishing the frequency of review of the fee schedule;
(h) providing for the administration of the program; and
[
(c)
] 
(i)
 providing a formula to govern the distribution of available money among the
counties for uncompensated search and rescue expenses based on:
(i) the total qualifying expenses submitted;
(ii) the number of search and rescue incidents per county population;
(iii) the number of victims that reside outside the county; and
(iv) the number of volunteer hours spent in each county in emergency response and
search and rescue related activities per county population.
(8)
Ĥ→ 
(a)
 ←Ĥ
The division shall, in consultation with the Outdoor Recreation Office,
99a 
establish the
fee schedule of the Search and Rescue Assistance Card under Subsection 
63J-1-504
(6).
100a 
 Ĥ→ 
(b) The division shall provide a discount of not less than 10 percent of the card fee
100b 
under Subsection(8)(a) to a person who has paid a fee under Sections 23-19-42, 41-22-34
100c 
or 73-18-24 during the same calendar year in which the person applies to be a participant in
100d 
the assistance card program.
 ←Ĥ
(9) (a) Counties may bill reimbursable expenses to an individual for costs incurred for
the rescue of an individual, if the individual is not a participant in the Utah Search and Rescue
Assistance Card Program.
(b) Counties may bill a participant for reimbursable expenses for costs incurred for the
rescue of the participant if the participant is found by the rescuing county to have acted
recklessly or to have intentionally created a situation resulting in the need for a county to
provide rescue service for the participant.
(10) (a) There is created the Utah Search and Rescue Assistance Card Program. The
program is located within the division.
(b) The program may not be utilized to cover any expenses, such as medically related
expenses, that are not reimbursable expenses related to the rescue.
(11) (a) To participate in the program, a person shall purchase a Search and Rescue
Assistance Card from the division by paying the fee as determined by the division in
Subsection (8).
(b) The money generated by the fees shall be deposited into the General Fund as a
dedicated credit for the Search and Rescue Financial Assistance Program created in this
section.
(c) Participation and payment of fees by a person under Sections 
23-19-42
, 
41-22-34
,
and 
73-18-24
 do not constitute purchase of a card under this section.
(12) The division shall consult with the Outdoor Recreation Office regarding:
(a) administration of
Ĥ→ [
the financial assistance program and
] ←Ĥ
the
121a 
assistance card program;
and
(b) outreach and marketing strategies.
123a 
 Ĥ→ 
(13) Pursuant to Subsection 31A-1-103(7), the Search and Rescue Financial Assistance
123b 
Card Program under this section is exempt from being considered an insurance program
123c 
under Subsection 31A-1-301(86).
 ←Ĥ
Section 2. 
Effective date.
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