No. 39783 (Amendment): Rule R704-1. Search and Rescue Financial Assistance Program

(Amendment)

DAR File No.: 39783
Filed: 09/30/2015 11:01:02 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The recently enacted H.B. 324 from the 2015 General Session establishes a Utah Search and Rescue Assistance Card (USARAC) Program, which will be managed under the Search and Rescue Financial Assistance Program. The amendments to the rule outline the definitions and costs associated with the USARAC program.

Summary of the rule or change:

The amendments update Rule R704-1 to reflect the newly enacted H.B. 324 (2015) which establishes the Utah Search and Rescue Assistance Card (USARAC) program. The USARAC will be managed, under the approval of the Search and Rescue Advisory Board, by the Utah Division of Emergency Management. The amendment within Rule R704-1 includes definitions, fee schedule, and eligible expenses associated with the USARAC. The amendments set up the process for an individual or family to purchase a Search and Rescue Assistance Card.

State statutory or constitutional authorization for this rule:

• Section 53-2a-1102

Anticipated cost or savings to:

the state budget:

The amendment will not cost or save the state money. The amendment to the rule does not force a fee or tax, the cost is voluntary therefore will have no effect to the State budget. This will also not require any increased overhead, IT expenses or staff to carry out the change to the rule--it will be absorbed within the existing administrative support already outlined in Rule R704-1.

local governments:

This amendment will neither cost nor save the local government money. The amendment to the rule does not force a fee or tax, the cost is voluntary therefore will have no effect to the Local government budget.

small businesses:

This change will neither cost nor save small businesses any money. The amendment to the rule does not force a fee or tax, the cost is voluntary therefore will have no effect to the small business budget.

persons other than small businesses, businesses, or local governmental entities:

Persons will be affected by this amendment as they choose to purchase the Utah Search and Rescue Assistance Card. A person will be required to pay a fee in order to participate in the Utah Search and Rescue Assistance Card.

Compliance costs for affected persons:

Under Section 53-2a-1102, the approval of SAR Advisory Board is permitted to establish a fee for the Utah Search and Rescue Assistance Card. Individuals participating in this program will be required to pay a fee.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on business. The rule revision establishes administration procedures and fees for the Search and Rescue Card program, which is a voluntary program for interested individuals, families, and organized groups.

Keith Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Emergency Management
Room 1110 STATE OFFICE BUILDING
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Tara Behunin at the above address, by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/16/2015

This rule may become effective on:

11/23/2015

Authorized by:

Kris Hamlet, Director

RULE TEXT

R704. Public Safety, Emergency Management.

R704-1. Search and Rescue Financial Assistance Program.

R704-1-1. Purpose.

The purpose of this rule is to set forth the procedures for obtaining reimbursement from the program for costs and expenses related to SAR activities in accordance with Title 53, Chapter 2, Part 11 and to provide for the administration of the assistance card program.

 

R704-1-2. Authority.

This rule is authorized by Section 53-2a-1102(7) which requires the division, with the approval of the board, to make rules for the administration of the program and the assistance card program.

 

R704-1-3. Definitions.

(1) Terms used in this rule include those found in Section 53-2a-1102.

(2) In addition:

(a) "board" means the Search and Rescue Advisory Board created in Section 53-2a-1103;

(b) "division" means the Utah Department of Public Safety, Division of Emergency Management created in Section 53-2a-103;

(c) "eligible expense" means the costs and expenses related to SAR activities that the board has determined are reimbursable expenses under Subsection 53-2a-1102(1) and meet the eligibility requirements in Section R704-1-5[are eligible for reimbursement from the program];

(d) "equipment" means items used by SAR personnel while conducting SAR activities;

(e) "family" means an individual, his or her spouse or partner, and his or her minor children;

(f) "individual" means a single person;

( g[e]) "maintenance" means materials and services that keeps equipment functional and continue its service life;

(h) "organized group" means multiple individuals who are members of a chartered or sponsored unit, club, team, or similar entity;

( i[f]) "program" means the Search and Rescue Financial Assistance Program;

( j[g]) "SAR" means search and rescue;

( k[h]) "SAR activity" means all activities related to search and rescue including SAR training, the purchase or upgrade of SAR equipment, and the deployment to a SAR incident;

( l[i]) "SAR incident" means an incident, not associated with criminal or law enforcement activity, for which a search and rescue team are deployed to search for and rescue victims;

( m[j]) "training" means instruction that teaches or enhances skills directly related to SAR; and

( n[k]) "upgrade" means materials and services that enhance the function of equipment.

 

R704-1-4. Application Process for Reimbursement for SAR Activities.

(1) A county seeking reimbursement for SAR costs and expenses paid by it for search and rescue activities shall submit a separate application packet for each SAR activity to the division.

(2) The application packet shall be submitted within 45 days from the date of a SAR activity in order to be considered timely.

(a) If the SAR activity occurred within 45 days prior to July 1st and the county anticipates that it will submit the application packet after July 1st, then the county shall submit a Notice to Seek Reimbursement form as soon as possible after the SAR activity.

(3) The application packet shall include:

(a) a completed Utah Search and Rescue Financial Assistance Application Form provided by the division; and

(b) documentation showing the costs and expenses paid by the county, including copies of invoices, checks, and receipts.

(i) If a county is unable to obtain a receipt or invoice within the 45 day application packet due date, then that period may be extended an additional 45 days. The county shall provide written notification in the application packet that it has been unable to obtain the receipt or invoice.

(4) The county sheriff shall sign the application with an original signature. A designee may sign the application in place of the sheriff in extenuating circumstances that shall be documented to the division.

 

R704-1-5. Review Process and Eligible Expneses.

(1) The board shall meet as required in Section 53-2a-1104 to review the application packets which have been received by the division and determine whether the costs and expenses sought are eligible for reimbursement from the program.

(2) When making this determination, the board shall consider whether the costs and expenses sought are:

(a) reasonable in light of the type of services or equipment provided;

(b) reasonable in light of the market value for the services or equipment provided;

(c) excludable as salary or overtime pay;

(d) necessary or appropriate for conducting the type of SAR activity for which reimbursement is sought;

(e) reasonably related to or caused by the utilization of the subject equipment in SAR activities;

(f) an unjust or improper enrichment of the owner of the subject equipment; and

(g) incidental to SAR activities:

(i) food is an eligible expense if used exclusively for SAR activities. If food is used for a specific SAR activity, it shall be considered an expense related to the activity. If food is purchased to restock supplies, it shall be considered an equipment purchase;

(ii) clothing is an eligible expense if it marks and readily identifies the wearer as SAR personnel or is an outer garment that serves a specialized function;

(iii) fuel is an eligible expense if used exclusively for SAR activities;

(iv) mileage is an eligible expense in place of fuel reimbursement if the miles driven were exclusively for a SAR activity. The county shall provide documentation that justifies the mileage reimbursement requested;

(v) membership fees to SAR-related organizations is not an eligible expense;[and]

(vi) equipment maintenance is not an eligible expense ; and[.]

(vii) medical expenses and transportation by ground or air ambulance are not eligible expenses;

(viii) expenses for the rescue of pets or other domestic animals is not an eligible expense.

 

R704-1-6. Distribution Process.

(1) After the conclusion of the fiscal year, the board shall meet to consider the following information for the prior fiscal year:

(a) the total amount of money available in the program;

(b) each county's eligible expenses;

(c) the total number of SAR incidents which occurred per each county population, described in the form of a ratio;

(d) the number of victims residing outside of each county, described in the form of a percentage;

(e) the number of volunteer hours spent in each county in emergency response and SAR activities per county population, described in the form of a ratio; and

(f) which applications were received in a timely manner.

(2) The following formula shall be applied to the eligible expenses to determine a fair and equitable distribution of money from the program:

(a) if the total amount of eligible expenses is less than the amount of money available in the program, all of the eligible expenses shall be reimbursed from the program; and

(b) if the total amount of eligible expenses is more than the amount of money available in the program, the eligible expenses shall be divided into the following categories and be reimbursed in the order in which they appear:

(i) costs and expenses related to SAR incidents;

(ii) SAR-related training; and

(iii) the purchase or upgrade of SAR equipment.

(3) If there is an insufficient amount of money available in the program to cover the eligible expenses in any one of the listed categories, the amount of money remaining in the program shall be divided by the total number of counties.

(4) A county may receive a percentage of the money that is allocated to each county as determined by calculating a percentage from the following point totals:

(a) each county shall receive up to 25 points for the timely submission of application packets, with one point to be deducted for each late application;

(b) each county may receive up to 25 points, based on the number of SAR incidents occurring per county population as determined by the following ratios:

(i) 5 points if the ratio is less than 1:750;

(ii) 10 points if the ratio is equal to or greater than 1:750 but less than 1:500;

(iii) 15 points if the ratio is equal to or greater than 1:500 but less than 1:250;

(iv) 20 points if the ratio is equal to or greater than 1:250 but less than 1:100; and

(v) 25 points if the ratio is equal to or greater than 1:100;

(c) each county may receive up to 25 points based on the percentage of victims residing outside of the subject county as determined by the following percentages:

(i) 5 points if the percentage is less than 20%;

(ii) 10 points if the percentage is 20% or greater but less than 40%;

(iii) 15 points if the percentage is 40% or greater but less than 60%;

(iv) 20 points if the percentage is 60% or greater but less than 80%; and

(v) 25 points if the percentage is 80% or greater; and

(d) each county may receive up to 25 points based on the number of volunteer hours spent in each county in emergency response and SAR activities per county population as determined by the following ratios:

(i) 5 points if the ratio is greater than 1:100 but less than 1:50;

(ii) 10 points if the ratio is equal to or greater than 1:50 but less than 1:25;

(iii) 15 points if the ratio is equal to or greater than 1:25 but less than 1:10;

(iv) 20 points if the ratio is equal to or greater than 1:10 but less than 1:5; and

(v) 25 points if the ratio is equal to or greater than 1:5.

(5) The formula in this rule shall be applied to each of the categories until the amount of money left in the program makes it impractical to continue.

(6) The remaining money in the program shall be used to:

(a) cover the board's costs and expenses; and

(b) reimburse eligible expenses in the next fiscal year.

 

R704-1-7. Procedure to Obtain or Renew a Card and Fee Schedule.

(1) An individual, family, or organized group seeking to obtain a card shall apply through the Utah Office of Outdoor Recreation's website and pay the applicable fee.

(2) The fee schedule is:

(a) $25 for an individual annual card or $100 for an individual five-year card;

(b) $35 for a family annual card or $140 for a family five-year card; and

(c) $50 for a group annual card for up to 25 individuals;

(d) $70 for a group annual card for up to 50 individuals;

(e) $100 for a group annual card for up to 75 individuals; and

(f) $125 for a group annual card for up to 100 individuals;

(3) The division shall discount the fee by 10% to an individual who has paid fees under Section 23-19-42, 41-22-34, or 73-18-24 in the same calendar year as his or her application for an individual or family card.

(4) Cards are valid from the date of issuance and remain valid for one year for annual cards and five years for five-year cards.

(5) An individual, family, or organized group may renew a card by applying online through the Utah Office of Outdoor Recreation's website and pay the applicable fee.

(6) The board shall review the fee schedule annually and recommend fee changes to the division.

 

KEY: search and rescue, financial reimbursement, expenses

Date of Enactment or Last Substantive Amendment: [September 29, 2014]2015

Notice of Continuation: July 7, 2014

Authorizing, and Implemented or Interpreted Law: 53-2a-1102

 

---