DAR File No. 43668

Public Safety, Emergency Management

Rule R704-1

Search and Rescue Financial Assistance Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 43668
Filed: 04/26/2019 01:05:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the change to the Utah Search and Rescue Financial Assistance Program rule, is to reflect the updates to the defined family group within the Utah Search and Rescue Assistance (USARA) Card program, as well as update the fee schedule of the "organized group" USARA card option, specific to medium and large size groups. Both of these changes were proposed and confirmed by the Utah Search and Rescue Advisory Board which oversees all matters found within the Utah Search and Rescue Financial Assistance Program.

Summary of the rule or change:

Within the Search and Rescue Financial Assistance Program, there are two proposed changes. First, updating the definition for "family" pertaining to the Utah Search and Rescue Assistance Card program. This change was suggested by the Utah Search and Rescue Advisory Board which oversees the Search and Rescue Financial Assistance Program, as well as the Utah Search and Rescue Assistance Card. The updated family definition will include any members who may be living within the household to include relatives or those co-habitating, working to further include the various households represented within the State of Utah. The second proposed rule amendment is increased fee schedule for "organized groups" pertaining to the Utah Search and Rescue Assistance Card program. The Search and Rescue Advisory Board proposed increasing the charged fee for medium (25-50 persons) and large (51 persons and more) organized groups. The increase is due to the number of persons that may be included in the purchase of an "organized group" Utah Search and Rescue Assistance Card.

Statutory or constitutional authorization for this rule:

• Section 53-2a-1102

Anticipated cost or savings to:

the state budget:

State government will receive an inestimable direct fiscal benefit in regards to the proposed update to the organized group fee schedule. Since these changes have not yet been officially enacted, there is no data to support this fiscal impact analysis. State government will receive a direct fiscal benefit specific to the changed family definition. Based on USARA family card purchases in 2018, this generated a revenue of $12,250 to the Utah Search and Rescue Financial Assistance Program. With broadening the definition of the family card option, this may influence additional families to purchase the USARA card to assist them in their outdoor recreation activities.

local governments:

Local governments will be inestimable indirect fiscal benefit in regards to both proposed amendments within the Utah Search and Rescue Financial Assistance Program. Local sheriffs' offices that participate in the Financial Assistance Program, may receive additional reimbursement funds, if increased USARA card purchases occur. Since county sheriff participation and the formula to which reimbursement funds are submitted varies year to year, this fiscal benefit cannot be quantified because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive.

small businesses:

Small businesses will receive an inestimable indirect fiscal benefit in regards to both proposed amendments within the Utah Search and Rescue Financial Assistance Program. The potential for increased tourism throughout Utah based on the purchase of the USARA card, small businesses throughout the state may receive additional sales. Since the information relies on variable data, this fiscal benefit cannot be quantified because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive.

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

Citizens and organized groups will receive a direct fiscal costs and benefits in regards to both proposed amendments within the Utah Search and Rescue Financial Assistance Program. Families that purchase the Utah Search and Rescue Assistance Card, may now include co-habitating and other relatives up to 10 persons, on their family card totaling $35 annually or $140 for a 5-year option. These individuals will receive a direct fiscal benefit, as this option now allows families to include more individuals under the same price point. Medium (25-50 persons) and Large (50 and more persons) Organized groups will receive a direct fiscal cost as the USARA card fee schedule has increased from $70 to $100 for Medium sized groups, and an increase from $100 to $200 for Large groups. Based on sales of the family USARA card in 2018, the revenue totals $12,250 to the Utah Search and Rescue Financial Assistance Program. There have been no organized group USARA cards purchased at this time.

Compliance costs for affected persons:

In order for affected persons to remain in compliance with the proposed amendments to the Utah Search and Rescue Financial Assistance Program when purchasing cards after the rule becomes effective, the following costs will be incurred: Family's purchasing the USARA card annually, $35 or $140 for a purchase covering 5 years. Medium sized organized groups (25-50 person) $100 annually. Large sized organized groups (50 or more persons) $200 annually.

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

Due to a potential increased purchase of the family search and rescue assistance card, it is deemed that both small and non-small businesses could experience an indirect fiscal benefit in connection with a potential increase in tourism. This fiscal benefit cannot be quantified because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. The Commissioner of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis.

Jess L. Anderson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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 tarabehunin@utah.gov
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov

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:

06/14/2019

This rule may become effective on:

06/21/2019

Authorized by:

Kris Hamlet, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

Due to a potential increased purchase of the family search and rescue assistance card, it is deemed that non-small businesses could experience an indirect fiscal benefit in connection with a potential increase in tourism.

 

This fiscal benefit cannot be quantified because the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive.

 

The Commissioner of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis.

 

 

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;

(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, or up to ten related or cohabitating individuals;

(f) "individual" means a single person;

(g) "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) "program" means the Search and Rescue Financial Assistance Program;

(j) "SAR" means search and rescue;

(k) "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) "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) "training" means instruction that teaches or enhances skills directly related to SAR; and

(n) "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]Expenses.

(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;

(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 small group annual card for up to [25]24 individuals;

(d) [$70]$100 for a medium group annual card for [up]25 to 50 individuals; and

(e) [$100]$200 for a large group annual card for [up to 75]51 or more 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: [December 1, 2015]2019

Notice of Continuation: July 7, 2014

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