S.B. 2007

1

WORKERS' COMPENSATION AMENDMENTS
2 FOR OUT-OF-STATE PUBLIC SAFETY
3 OFFICERS DURING THE OLYMPICS
4 2001 SECOND SPECIAL SESSION
5 STATE OF UTAH
6 Sponsor: Beverly Ann Evans
7 This act modifies the Olympic Law Enforcement and Public Safety Workers' Compensation
8 Act. The act modifies the definition of without pay in relation to public safety volunteers.
9 The act provides that public safety volunteers are considered government employees for
10 liability protection and indemnification purposes. The act provides for the coordination of
11 benefits from in-state and out-of-state workers' compensation insurance for public safety
12 volunteers from another state. The act provides an effective date.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 34A-10-102, as enacted by Chapter 200, Laws of Utah 2001
16 34A-10-301, as enacted by Chapter 200, Laws of Utah 2001
17 34A-10-302, as enacted by Chapter 200, Laws of Utah 2001
18 ENACTS:
19 34A-10-304, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 34A-10-102 is amended to read:
22 34A-10-102. Definitions.
23 As used in this chapter:
24 (1) "Command" means the Olympic Public Safety Command created in Section 53-12-201 .
25 (2) "Exercises control over the general nature and quality of the public safety services"
26 means to exercise or to have the right to exercise control over the nature and quality of the public
27 safety services provided by the command in accordance with the public safety plan, including the

28 authority to:
29 (a) direct the command to correct deficiencies in the quality of public safety services being
30 provided in accordance with the public safety plan;
31 (b) coordinate with the command with respect to the number of public safety officers or
32 public safety volunteers that are assigned at sites at which public safety services are being provided
33 in accordance with the public safety plan; and
34 (c) coordinate other services provided by the organizing committee with public safety
35 services provided in accordance with the public safety plan.
36 (3) "Olympics" means the Olympic Winter Games of 2002 to be hosted by Salt Lake City.
37 (4) "Organizing committee" has the same meaning as in Section 63A-10-102 .
38 (5) "Paralympics" means the Paralympic Winter Games of 2002 to be hosted by Salt Lake
39 City.
40 (6) "Public safety agency" means the following as defined in Section 53-12-102 :
41 (a) a local law enforcement agency;
42 (b) a local public safety agency;
43 (c) a state law enforcement agency; or
44 (d) state public safety agency.
45 (7) (a) "Public safety officer" means an individual who provides public safety services in
46 accordance with the public safety plan.
47 (b) "Public safety officer" does not include:
48 (i) a law enforcement or public safety officer employed by the federal government; or
49 (ii) a public safety volunteer.
50 (8) (a) "Public safety plan" means the written plan that:
51 (i) provides for law enforcement and public safety services; and
52 (ii) is required under Section 53-12-202 .
53 (b) "Public safety plan" includes actions taken by the Olympic law enforcement
54 commander under Subsection 53-12-301 (3) in providing public safety services for the Olympics
55 or Paralympics.
56 (9) "Public safety services" means law enforcement and public safety services as defined
57 in Section 53-12-102 .
58 (10) (a) "Public safety volunteer" means an individual who provides public safety services

59 without regular pay in accordance with the public safety plan.
60 (b) "Public safety volunteer" does not include a law enforcement or public safety officer
61 employed by the federal government.
62 (11) "Regular employer" means the state or political subdivision of the state that regularly
63 employs and provides compensation to the public safety officer.
64 (12) "Without regular pay" means to receive no remuneration from a public safety agency
65 other than:
66 (a) meals;
67 (b) a uniform;
68 (c) transportation;
69 (d) lodging; [or]
70 (e) reimbursement for incidental expenses[.]; or
71 (f) incidental overtime pay.
72 Section 2. Section 34A-10-301 is amended to read:
73 34A-10-301. Employers of Olympic public safety volunteers.
74 (1) For purposes of Subsection (2), the following are considered to be an employer of a
75 public safety volunteer:
76 (a) the command if:
77 (i) the public safety volunteer provides public safety services in accordance with the public
78 safety plan; and
79 (ii) the command exercises or has the right to exercise supervision or control over the
80 public safety volunteer in accordance with the public safety plan;
81 (b) the organizing committee if the organizing committee exercises control over the
82 general nature and quality of the public safety services provided in accordance with the public
83 safety plan; and
84 (c) 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 volunteer.
89 (2) An employer described in Subsection (1) is considered to be an employer of a public

90 safety volunteer for the purposes of:
91 (a) workers' compensation coverage under Chapter 2, Workers' Compensation Act, and
92 Chapter 3, Utah Occupational Disease Act; and
93 (b) Chapter 8, Utah Injured Worker Reemployment Act.
94 (3) A public safety volunteer's eligibility for the benefits described in Subsection (2) shall
95 be determined in accordance with this chapter, notwithstanding:
96 (a) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
97 (b) Title 67, Chapter 20, Volunteer Government Workers Act.
98 (4) A public safety volunteer is considered an employee of the command for purposes of
99 liability protection and indemnification normally afforded paid government employees.
100 Section 3. Section 34A-10-302 is amended to read:
101 34A-10-302. Olympic public safety volunteers' exclusive remedy -- Conditions.
102 (1) (a) Subject to Subsection (2), a public safety volunteer's right under Chapter 2,
103 Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act, to recover
104 compensation against an employer described in Subsection 34A-10-301 (1) or the regular employer
105 of a public safety officer providing public safety services in accordance with the public safety plan
106 for accident, injury, or death in the course of, because of, or arising out of the public safety
107 volunteer's providing public safety services in accordance with the public safety plan, is the public
108 safety volunteer's exclusive remedy, as provided in Section 34A-2-105 , against an employer
109 described in Subsection 34A-10-301 (1) and the regular employer of a public safety officer
110 providing public safety services in accordance with the public safety plan.
111 (b) A public safety volunteer's exclusive remedy shall be determined in accordance with
112 this part, notwithstanding:
113 (i) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
114 (ii) Title 67, Chapter 20, Volunteer Government Workers Act.
115 (2) Subsection (1) applies if:
116 (a) before the public safety volunteer provides public safety services, the command:
117 (i) notifies the public safety volunteer that the public safety volunteer is, for purposes of
118 workers' compensation, an employee of the employers described in Subsection 34A-10-301 (1);
119 and
120 (ii) designates in writing that the public safety volunteer is to provide public safety services

121 without regular pay; and
122 (b) the command provides workers' compensation coverage for the public safety volunteer
123 while engaged in providing public safety services in accordance with the public safety plan.
124 Section 4. Section 34A-10-304 is enacted to read:
125 34A-10-304. Out-of-state public safety volunteers -- Coordination of benefits.
126 (1) An individual from a state other than Utah who provides public safety services in
127 accordance with the public safety plan shall be considered a public safety volunteer as defined in
128 Section 34A-10-102 regardless of whether or not that individual continues to receive regular wages
129 and benefits from an out-of-state employer.
130 (2) The workers' compensation benefits of a public safety volunteer under this title who
131 is also entitled to workers' compensation insurance coverage from the public safety volunteer's
132 out-of-state employer under the workers' compensation or similar laws of another state shall be
133 coordinated so as to provide the public safety volunteer an equitable recovery within the limits of
134 coverage of both policies for the compensable injury or occupational disease.
135 Section 5. Effective date.
136 If approved by two-thirds of all the members elected to each house, this act takes effect
137 upon approval by the governor, or the day following the constitutional time limit of Utah
138 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
139 date of veto override.




Legislative Review Note
as of 9-25-01 6:11 PM

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

Office of Legislative Research and General Counsel