ORIGINAL HOUSE ENGROSSED

BILL NO. 0320

ENROLLED ACT NO. 75, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to search and rescue operations;
establishing the Wyoming search and rescue council;
delegating rulemaking authority; clarifying and modifying
search and rescue account expenditures and administration
as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 19-13-303 is created to read:

19-13-303. Search and rescue council; appointment;
vacancies; compensation; duties.

(a) The Wyoming search and rescue council is
established and shall consist of eleven (11) voting
members. The coordinator of the Wyoming emergency
management agency shall serve as a voting member and the
permanent executive secretary to the council. The governor
shall appoint the remaining ten (10) members to serve four
(4) year terms as follows:

(i) Three (3) county sheriffs;

(ii) One (1) county commissioner;

(iii) One (1) peace officer at large; and

(iv)  Five (5) other citizens.

(b) Council members appointed by virtue of their
elected positions shall resign from the council immediately
upon vacating their elected office. Individuals appointed
to fill council vacancies shall be appointed for the full
term and shall not be appointed to serve the remainder of
the unexpired portion of the term. The governor may remove

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any appointed council member as provided under W.S.
9-1-202.

(c) Members shall serve without compensation but
shall receive mileage and per diem as provided for state
employees under W.S. 9-3-102 and 9-3-103.

(d) The council shall adopt rules and regulations as
necessary to administer this article.

Section 2. W.S. 19-13-301(b) and by creating a new
subsection (c) and 19-13-302(a) and (b) are amended to
read:

19-13-301. Search and rescue account; created;
expenditures.

(b)  Revenues deposited within the search and rescue
account shall be expended by the Wyoming emergency
management agency to reimburse counties for costs directly
incurred in a specific search and rescue operation, subject
to W.S. 19-13-302 and rules and regulations adopted by the
Wyoming emergency management agency search and rescue
council. Expenditures for reimbursement pursuant to this
subsection shall receive priority over all other authorized
account expenditures. No revenues deposited within the
account shall be used to reimburse counties for any salary
or benefits normally paid to its employees.

(c) Subject to subsection (b) of this section, the
Wyoming emergency management agency may expend revenues
available within the search and rescue account for other
search and rescue program purposes including:

(i) Administration of the Wyoming search and
rescue program;

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(ii) Search and rescue training programs for
Wyoming search and rescue personnel;

(iii) Acquisition and maintenance of search and
rescue equipment used in Wyoming;

(iv) Development and maintenance of statewide
search and rescue overhead teams.

19-13-302. Search and rescue account administration.

(a) Upon written request through a board of county
commissioners, Any county sheriff's office in this state
may make a claim on the search and rescue account for
reimbursement of costs directly incurred in the performance
of search and rescue activities. All claims Any claim made
pursuant to this subsection shall be submitted to the
Wyoming emergency management agency. Upon receipt, the
Wyoming emergency management agency shall adopt rules and
regulations for the procedure through which claims shall be
approved or denied transmit the claim to the Wyoming search
and rescue council for review and action in accordance with
subsection (b) of this section.

(b) The Wyoming emergency management agency search
and rescue council shall review and act upon all claims
submitted under subsection (a) of this section no later
than May 1 June 30 following the year in which expenses
were incurred for the claim submitted. Subject to the
availability of funds, the Wyoming emergency management
agency may authorize payment from the account to the county
for an approved claim and may authorize payment for
approved claims directly to an unpaid vendor who has
supplied material or services to a county. The Wyoming
emergency management agency shall only authorize payments

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under this subsection after it has received and acted upon
all claims submitted for expenses incurred in the preceding
year. If there are insufficient funds to pay all approved
claims, the Wyoming emergency management agency shall
prorate reimbursement among all approved claims. Payments
authorized by through the governor's office Wyoming
emergency management agency pursuant to this section shall
be paid by the state treasurer by warrant issued by the
state auditor upon vouchers signed by the Wyoming emergency
management coordinator or his designee.

Section 3. W.S. 19-13-302(c) is repealed.

Section 4.  This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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