S.B. 276

1

WORKERS' COMPENSATION COVERAGE FOR
2 PUBLIC SAFETY WORKERS DURING THE
3 OLYMPICS
4 2001 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Beverly Ann Evans
7 This act modifies the Labor Code. The act enacts the Olympic Law Enforcement and Public
8 Safety Workers' Compensation Act. The act provides for workers' compensation coverage
9 for law enforcement and public safety volunteers and paid officers and who provide public
10 safety services during the Olympic Winter Games of 2002 and the Paralympic Winter Games
11 of 2002. The act is repealed January 1, 2003.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 63-55b-134, as enacted by Chapter 79, Laws of Utah 1999
15 ENACTS:
16 34A-10-101, Utah Code Annotated 1953
17 34A-10-102, Utah Code Annotated 1953
18 34A-10-201, Utah Code Annotated 1953
19 34A-10-202, Utah Code Annotated 1953
20 34A-10-301, Utah Code Annotated 1953
21 34A-10-302, Utah Code Annotated 1953
22 34A-10-303, Utah Code Annotated 1953
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 34A-10-101 is enacted to read:
25 CHAPTER 10. OLYMPIC LAW ENFORCEMENT AND PUBLIC SAFETY
26 WORKERS' COMPENSATION ACT
27 Part 1. General Provisions

28 34A-10-101. Title.
29 This chapter is known as the "Olympic Law Enforcement and Public Safety Workers'
30 Compensation Act."
31 Section 2. Section 34A-10-102 is enacted to read:
32 34A-10-102. Definitions.
33 As used in this chapter:
34 (1) "Command" means the Olympic Public Safety Command created in Section 53-12-201 .
35 (2) "Olympics" means the Olympic Winter Games of 2002 to be hosted by Salt Lake City.
36 (3) "Organizing committee" has the same meaning as in Section 63A-10-102 .
37 (4) "Paralympics" means the Paralympic Winter Games of 2002 to be hosted by Salt Lake
38 City.
39 (5) "Public safety agency" means the following as defined in Section 53-12-102 :
40 (a) a local law enforcement agency;
41 (b) a local public safety agency;
42 (c) a state law enforcement agency; or
43 (d) state public safety agency.
44 (6) (a) "Public safety officer" means an individual who provides public safety services in
45 accordance with the public safety plan.
46 (b) "Public safety officer" does not include:
47 (i) a law enforcement or public safety officer employed by the federal government; or
48 (ii) a public safety volunteer.
49 (7) (a) "Public safety plan" means the written plan that:
50 (i) provides for law enforcement and public safety services; and
51 (ii) is required under Section 53-12-202 .
52 (b) "Public safety plan" includes actions taken by the Olympic law enforcement
53 commander under Subsection 53-12-301 (3) in providing public safety services for the Olympics
54 or Paralympics.
55 (8) "Public safety services" means law enforcement and public safety services as defined
56 in Section 53-12-102 .
57 (9) (a) "Public safety volunteer" means an individual who provides public safety services
58 without pay in accordance with the public safety plan.

59 (b) "Public safety volunteer" does not include a law enforcement or public safety officer
60 employed by the federal government.
61 (10) "Regular employer" means the state or political subdivision of the state that regularly
62 employs and provides compensation to the public safety officer.
63 (11) "Without pay" means to receive no remuneration other than:
64 (a) meals;
65 (b) a uniform;
66 (c) transportation;
67 (d) lodging; or
68 (e) reimbursement for incidental expenses.
69 Section 3. Section 34A-10-201 is enacted to read:
70 Part 2. Workers' Compensation for Olympic Public Safety Officers
71 34A-10-201. Workers' compensation for Olympic public safety officers.
72 (1) For purposes of Subsection (2), the following are considered to be an employer of a
73 public safety officer while the public safety officer is providing public safety services in
74 accordance with the public safety plan:
75 (a) the regular employer of the public safety officer;
76 (b) the command if the command:
77 (i) enters into a contract with the regular employer of the public safety officer for the
78 public safety officer to provide public safety services in accordance with the public safety plan;
79 and
80 (ii) exercises supervision or control over the public safety officer in accordance with the
81 public safety plan;
82 (c) the organizing committee if the organizing committee exercises supervision or control
83 over the public safety officer in accordance with the public safety plan; and
84 (d) a public safety agency that, in accordance with the public safety plan:
85 (i) is designated to provide personnel in a supervisory capacity; and
86 (ii) provides personnel who:
87 (A) act in a supervisory capacity; and
88 (B) exercise supervision or control over the public safety officer.
89 (2) (a) An employer described in Subsection (1) is considered an employer of a public

90 safety officer solely for the purposes of:
91 (i) workers' compensation coverage under Chapters 2 and 3; and
92 (ii) Chapter 8, Utah Injured Worker Reemployment Act.
93 (b) This section does not make an employer described in Subsection (1) an employer of
94 a public safety officer for any purposes other than those listed in Subsection (2)(a).
95 (3) A regular employer may define the scope of employment of a public safety officer to
96 include allowing the public safety officer to provide public safety services in accordance with the
97 public safety plan if the regular employer:
98 (a) enters into a contract with the command to provide public safety officers in accordance
99 with the public safety plan; and
100 (b) provides workers' compensation insurance coverage for the public safety officer
101 employed by the regular employer that includes coverage for the public safety officer while
102 providing public safety services in accordance with the public safety plan.
103 Section 4. Section 34A-10-202 is enacted to read:
104 34A-10-202. Exclusive remedy -- Olympic public safety officers.
105 (1) Subject to Subsection (2), a public safety officer's right under Chapters 2 and 3 to
106 recover compensation against an employer described in Subsection 34A-10-201 (1), for accident,
107 injury, or death in the course of, because of, or arising out of the public safety officer's providing
108 public safety services in accordance with the public safety plan, is the public safety officer's
109 exclusive remedy, as provided in Section 34A-2-105 , against an employer described in Subsection
110 34A-10-201 (1).
111 (2) Subsection (1) applies if:
112 (a) before the public safety officer provides public safety services, the command notifies
113 the public safety officer that:
114 (i) the public safety officer is, for purposes of workers' compensation, an employee of the
115 employers described in Subsection 34A-10-201 (1); and
116 (ii) the public safety officer's regular employer provides workers' compensation coverage,
117 in a manner provided in Section 34A-2-201 , for the public safety officer while engaged in
118 providing public safety services in accordance with the public safety plan; and
119 (b) the employers described in Subsection 34A-10-201 (1):
120 (i) are named insureds on the regular employer's workers' compensation insurance policy;

121 or
122 (ii) agree that the regular employer, if self insured for workers' compensation, will pay the
123 benefits to which the public safety officer is entitled under Chapters 2 and 3.
124 Section 5. Section 34A-10-301 is enacted to read:
125 Part 3. Workers' Compensation for Olympic Public Safety Volunteers
126 34A-10-301. Workers' compensation coverage for Olympic public safety volunteers.
127 (1) For purposes of Subsection (2), the following are considered to be an employer of a
128 public safety volunteer:
129 (a) the command if:
130 (i) the public safety volunteer provides public safety services in accordance with the public
131 safety plan; and
132 (ii) the command exercises supervision or control over the public safety volunteer in
133 accordance with the public safety plan;
134 (b) the organizing committee if the organizing committee exercises supervision or control
135 over the public safety volunteer in accordance with the public safety plan; and
136 (c) a public safety agency that, in accordance with the public safety plan:
137 (i) is designated to provide personnel in a supervisory capacity; and
138 (ii) provides personnel who:
139 (A) act in a supervisory capacity; and
140 (B) exercise supervision or control over the public safety volunteer.
141 (2) (a) An employer described in Subsection (1) is considered an employer of a public
142 safety volunteer solely for the purposes of:
143 (i) workers' compensation coverage under Chapters 2 and 3; and
144 (ii) Chapter 8, Utah Injured Worker Reemployment Act.
145 (b) This section does not make an employer described in Subsection (1) an employer of
146 a public safety volunteer for any purposes other than those listed in Subsection (2)(a).
147 (3) A public safety volunteer's eligibility for the benefits described in Subsection (2) shall
148 be determined in accordance with this chapter, notwithstanding:
149 (a) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
150 (b) Title 67, Chapter 20, Volunteer Government Workers Act.
151 Section 6. Section 34A-10-302 is enacted to read:

152 34A-10-302. Exclusive remedy -- Olympic public safety volunteers.
153 (1) (a) Subject to Subsection (2), a public safety volunteer's right under Chapters 2 and 3
154 to recover compensation against an employer described in Subsection 34A-10-301 (1) for accident,
155 injury, or death in the course of, because of, or arising out of the public safety volunteer's providing
156 public safety services in accordance with the public safety plan, is the public safety volunteer's
157 exclusive remedy, as provided in Section 34A-2-105 , against the employers described in
158 Subsection 34A-10-201 (1).
159 (b) A public safety volunteer's exclusive remedy shall be determined in accordance with
160 this section, notwithstanding:
161 (i) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
162 (ii) Title 67, Chapter 20, Volunteer Government Workers Act.
163 (2) Subsection (1) applies if:
164 (a) before the public safety volunteer provides public safety services, the command:
165 (i) notifies the public safety volunteer that:
166 (A) the public safety volunteer is, for purposes of workers' compensation, an employee of
167 the employers described in Subsection 34A-10-301 (1); and
168 (B) the command will provide workers' compensation insurance coverage for the public
169 safety volunteer while engaged in providing public safety services in accordance with the public
170 safety plan; and
171 (ii) designates in writing that the public safety volunteer is to provide public safety services
172 without pay; and
173 (b) the employers, described in Subsection 34A-10-301 (1):
174 (i) are named insureds on the command's workers' compensation insurance policy; or
175 (ii) agree that the command, if self insured for workers' compensation, will pay the benefits
176 to which the public safety volunteer is entitled under Chapters 2 and 3.
177 Section 7. Section 34A-10-303 is enacted to read:
178 34A-10-303. Average weekly wage for Olympic public safety volunteers.
179 For purposes of computing compensation, the average weekly wage rate of a public safety
180 volunteer considered an employee of the employers described in Subsection 34A-10-301 (1) is
181 considered to be $400.
182 Section 8. Section 63-55b-134 is amended to read:

183 63-55b-134. Repeal dates -- Title 34A.
184 (1) Title 34A, Chapter 9, Olympic Volunteer Workers' Compensation Act, is repealed on
185 January 1, 2003.
186 (2) Title 34A, Chapter 10, Olympic Law Enforcement and Public Safety Workers'
187 Compensation Act, is repealed on January 1, 2003.




Legislative Review Note
as of 2-22-01 4:04 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel