Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 272 (2017GS)

Sponsor

Sen. Hinkins, D.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• forbids a county from charging a participant in the program for rescue services unless the participant intentionally or recklessly created the situation requiring rescue services.

Every vote on this bill

Bill text

SEARCH AND RESCUE ASSISTANCE CARD PROGRAM
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David P. Hinkins
House Sponsor: 
Carl R. Albrecht
LONG TITLE
General Description:
This bill makes changes to the Utah Search and Rescue Assistance Card Program.
Highlighted Provisions:
This bill:
▸ forbids a county from charging a participant in the program for rescue services
unless the participant intentionally or recklessly created the situation requiring
rescue services.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-2a-1102
, as last amended by Laws of Utah 2015, Chapter 408
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.
(d) "Program" means the Search and Rescue Financial Assistance Program created
within this section.
(e) (i) "Reimbursable expenses," as used in this section, means those reasonable
expenses incidental to search and rescue activities.
(ii) "Reimbursable expenses" include:
(A) rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
(B) replacement and upgrade of search and rescue equipment;
(C) training of search and rescue volunteers;
(D) costs of providing workers' compensation benefits for volunteer search and rescue
team members under Section 
67-20-7.5
; and
(E) any other equipment or expenses necessary or appropriate for conducting search
and rescue activities.
(iii) "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 of
the state.
(f) "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 Subsection (11) and under Sections 
23-19-42
,
41-22-34
, and 
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.
(c) All funding for the program 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 section:
(a) specifying the costs that qualify as reimbursable expenses;
(b) defining the procedures of counties to submit expenses and be reimbursed;
(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
(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) (a) The division shall, in consultation with the Outdoor Recreation Office, establish
the fee schedule of the 
Utah
 Search and Rescue Assistance Card 
Program
 under Subsection
63J-1-504
(6).
(b) The division shall provide a discount of not less than 10% of the card fee under
Subsection (8)(a) to a person who has paid a fee under Section 
23-19-42
, 
41-22-34
, or
73-18-24
 during the same calendar year in which the person applies to be a participant in the
assistance card program.
(9) [
(a)
] Counties may 
not
 bill reimbursable expenses to an individual for costs
incurred for the rescue of an individual, if the individual is [
not
] a 
current
 participant in the
Utah Search and Rescue Assistance Card Program[
.
] 
at the time of rescue, unless:
[
(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.
]
(a) the rescuing county finds that the participant acted recklessly in creating a situation
resulting in the need for the county to provide rescue services; or
(b) the rescuing county finds that the participant intentionally created a situation
resulting in the need for the county to provide rescue services.
(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 the assistance card program; and
(b) outreach and marketing strategies.
(13) Pursuant to Subsection 
31A-1-103
(7), the Utah Search and Rescue Assistance
Card Program under this section is exempt from being considered an insurance program under
Subsection 
31A-1-301
(86).