H.B. 59 Enrolled

PEACE OFFICER CLASSIFICATIONS AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Blake D. Chard
AN ACT RELATING TO PUBLIC SAFETY; DEFINING AUXILIARY AND RESERVE
OFFICERS; MODIFYING DEFINITION OF CORRECTIONAL OFFICER; PROVIDING THAT
AN AUXILIARY OFFICER IS A SPECIAL FUNCTION OFFICER; MODIFYING
PROVISIONS RELATING TO AUXILIARY AND RESERVE OFFICERS SERVING AS
PEACE OFFICERS; AMENDING PROVISIONS RELATING TO RESPONSIBILITY FOR
TRAINING AND APPROPRIATIONS FROM REPARATION FUND; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
49-4-103, as last amended by Chapter 282, Laws of Utah 1998
49-4-203, as last amended by Chapter 282, Laws of Utah 1998
49-4a-103, as last amended by Chapter 282, Laws of Utah 1998
49-4a-203, as last amended by Chapter 282, Laws of Utah 1998
53-6-212, as last amended by Chapter 282, Laws of Utah 1998
53-6-213, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-13-101, as enacted by Chapter 282, Laws of Utah 1998
53-13-104, as last amended by Chapter 29 and renumbered and amended by Chapter 282,
Laws of Utah 1998
53-13-105, as last amended by Chapter 270 and renumbered and amended by Chapter 282,
Laws of Utah 1998
53-13-111, as enacted by Chapter 282, Laws of Utah 1998
ENACTS:
53-13-112, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 49-4-103 is amended to read:

49-4-103. Definitions.
As used in this chapter:
(1) (a) "Compensation," "salary," or "wages" means the total amount of payments which are
currently includable in gross income made by an employer to an employee covered under the
retirement system for services rendered to the employer as base income. Base income shall be
determined prior to any salary deductions or reductions for any salary deferral or pretax benefit
programs authorized by federal law.
(b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
(c) "Compensation" does not include:
(i) overtime;
(ii) sick pay incentives;
(iii) retirement pay incentives;
(iv) the monetary value of remuneration paid in kind, such as a residence, use of equipment
or uniform or travel allowances;
(v) a lump-sum payment or special payments covering accumulated leave; and
(vi) all contributions made by an employer under this plan or under any other employee
benefit plan maintained by an employer for the benefit of a participant.
(d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
Internal Revenue Code Section 401(a)(17).
(2) "Final average salary" means the amount computed by averaging the highest three years
of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
(a) Except as provided in Subsection (2)(b), the percentage increase in annual compensation
in any one of the years used may not exceed the previous year's salary by more than 10% plus a
cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the
previous year, as measured by the Consumer Price Index prepared by the United States Bureau of
Labor Statistics.
(b) In cases where the employing unit provides acceptable documentation to the board, the
limitation in Subsection (2)(a) may be exceeded if:

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(i) the member has transferred from another employing unit; or
(ii) the member has been promoted to a new position.
(3) "Full-time service" means 2,080 hours a year.
(4) "Line-of-duty death" means a death resulting from external force, violence, or disease
occasioned by an act of duty as a peace officer or other public safety member.
(5) (a) "Participating service" means public safety service rendered during which a person
was a member of this system as well as any of the terminated systems during which the person was
paid compensation upon which member contributions were taken.
(b) Participating service also means public safety service rendered for an employer covered
by the retirement system and standing to the credit of a member as of June 30, 1969, who transferred
to coverage under the public safety retirement system on July 1, 1969.
(6) (a) "Public safety service" means full-time paid service rendered by:
(i) law enforcement officers in accordance with Section 53-13-103 ;
(ii) correctional officers in accordance with Section 53-13-104 ; and
(iii) special function officers in accordance with [Subsection] Section 49-4-203 [(5)] and
Section 53-13-105 .
(b) Subsection (6)(a) does not apply to any person who became a member of the system prior
to January 1, 1984.
(7) "Years of service" or "service years" means the number of periods, each to consist of 12
full months as determined by the board, whether consecutive or not, during which an employee
performed services for an employer or employers, including time the employee was absent in the
service of the United States government on military duty.
Section 2. Section 49-4-203 is amended to read:
49-4-203. Eligibility for membership in the system.
All employees who perform covered public safety services for any employing unit, except
those withdrawing from coverage as provided by this chapter, shall become members of the
retirement system as follows:
(1) Any employee who is employed to perform public safety services for an employer

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covered by this chapter on or after July 1, 1969, shall become a member of the system effective on
the date of employment.
(2) (a) Any employee engaged in performing public safety services for a department or
political subdivision on the date it becomes a participant in the system under this chapter shall
become a member of the system as of the date of coverage. Each new public safety employee of the
covered unit shall thereafter become a member of the system effective on the date of employment.
(b) In cities, counties, or other employing units of government that have public safety and
fire fighter personnel where cross-training and duty is required, the employing unit may enroll those
dual purpose personnel in the retirement system in which the greatest amount of duty time is
contemplated and actually worked. The personnel shall be full-time public safety or fire fighter
employees of the employing unit.
(3) (a) The board may by rule establish other peace officer groups for purposes of:
(i) recommending eligibility for coverage under this system; and
(ii) recommending contribution rates.
(b) (i) Each employing unit covered by this system shall annually submit to the retirement
office a schedule indicating the positions to be covered under this system in accordance with
[Subsection] Section 49-4-103 [(6)]. The retirement office may require documentation to justify the
inclusion of any position under this system.
(ii) If there is a dispute between the retirement office and an employing unit or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 53-6-106 for determination.
(iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
questions for peace officers is limited to claims for coverage under the Public Safety Retirement
System for time periods subsequent to July 1, 1989.
(B) A decision of the Peace Officer Standards and Training Council may not be applied to
credit earned in another system prior to July 1, 1989.
(C) Except as provided under Subsection (3)(b)(iii)(D), a decision of the Peace Officer
Standards and Training Council granting an individual or a position coverage under the Public Safety

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Retirement System may only be applied prospectively from the date of that decision.
(D) A decision of the Peace Officer Standards and Training Council granting an individual
or a position coverage under the Public Safety Retirement System may be applied retroactively only
if:
(I) the employing unit covered other similarly situated employees under the Public Safety
Retirement System during the time period in question; and
(II) the employee otherwise meets all eligibility requirements for membership in the Public
Safety Retirement System.
(c) (i) The Peace Officer Standards and Training Council may use a subcommittee to provide
a recommendation to the council in determining disputes between the retirement office and an
employing unit or employee over a position to be covered under this system.
(ii) The Peace Officer Standards and Training Council shall comply with Title 63, Chapter
46b, Administrative Procedures Act, in conducting adjudicative proceedings.
(4) Employees who have performed public safety service and who then transfer or are
promoted to administration positions not covered by this system shall continue to earn public safety
service credit under this chapter as long as they remain employed in the same department.
(5) Unless the Legislature fails to provide funding in the appropriations act for the inclusion
of special function officers in the contributory system, special function officers shall be eligible for
membership in the contributory system if approved by the Peace Officer Standards and Training
Council.
(6) (a) The Peace Officer Standards and Training Council, in determining disputes between
the retirement office and an employing unit or employee over a position to be covered under this
system, shall determine that to be eligible for membership in this system the employee:
(i) is required as a duty of employment to serve in a position that may place the employee
at risk to life and personal safety; and
(ii) is required to complete training as provided in [Subsection] Section 53-13-103 [(4)],
53-13-104 [(3)], or 53-13-105 [(3)].
(b) If an employee satisfies the requirements of Subsection (6)(a), the Peace Officer

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Standards and Training Council shall consider, in determining eligibility for membership in the
system, whether the employee:
(i) performs duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) performs duties that consist primarily of providing community protection; and
(iii) is required to respond to situations involving threats to public safety and make
emergency decisions affecting the lives and health of others.
(7) If a subcommittee is used to recommend the determination of disputes to the Peace
Officer Standards and Training Council, the subcommittee shall comply with the requirements of
Subsection (6) in making its recommendation.
(8) A final order of the Peace Officer Standards and Training Council regarding a dispute
is final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures Act.
(9) If a local law enforcement agency's law enforcement officers are not included in the
Public Safety Retirement System under Title 49, Chapter 4, Public Safety Retirement Act, or Title
49, Chapter 4a, Public Safety Noncontributory Retirement Act, as of January 1, 1998, those officers
who may otherwise qualify for membership in the system shall, at the discretion of the respective
municipality, remain in their current retirement system.
Section 3. Section 49-4a-103 is amended to read:
49-4a-103. Definitions.
As used in this chapter:
(1) (a) "Compensation," "salary," or "wages" means the total amount of payments which are
currently includable in gross income made by an employer to an employee for services rendered to
the employer as base income for the position covered under the retirement system. Base income
shall be determined prior to any salary deductions or reductions for any salary deferral or pretax
benefit programs authorized by federal law.
(b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
(c) "Compensation" does not include:
(i) overtime;

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(ii) sick pay incentives;
(iii) retirement pay incentives;
(iv) the monetary value of remuneration paid in kind, as in a residence, use of equipment or
uniform or travel allowances;
(v) a lump-sum payment or special payment covering accumulated leave; and
(vi) all contributions made by an employer under this plan or under any other employee
benefit plan maintained by an employer for the benefit of a participant.
(d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
Internal Revenue Code Section 401(a)(17).
(2) "Final average salary" means the amount computed by averaging the highest three years
of annual compensation preceding retirement subject to Subsections (2)(a) and (b).
(a) Except as provided in Subsection (2)(b), the percentage increase in annual compensation
in any one of the years used may not exceed the previous year's salary by more than 10% plus a
cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the
previous year, as measured by the Consumer Price Index prepared by the United States Bureau of
Labor Statistics.
(b) In cases where the employing unit provides acceptable documentation to the board, the
limitation in Subsection (2)(a) may be exceeded if:
(i) the member has transferred from another employing unit; or
(ii) the member has been promoted to a new position.
(3) "Full-time service" means 2,080 hours a year.
(4) "Line-of-duty death" means a death resulting from external force, violence, or disease
occasioned by an act of duty as a peace officer or other public safety member.
(5) "Public safety service" means full-time paid service rendered by:
(a) law enforcement officers in accordance with Section 53-13-103 ;
(b) correctional officers in accordance with Section 53-13-104 ; and
(c) special function officers in accordance with [Subsection] Section 49-4a-203 [(7)] and
Section 53-13-105 .

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(6) "Years of service" or "service years" means the number of periods, each to consist of 12
full months as determined by the board, whether consecutive or not, during which an employee
performed services for an employer or employers, including time the employee was absent in the
service of the United States government on military duty.
Section 4. Section 49-4a-203 is amended to read:
49-4a-203. Eligibility for membership in the system.
(1) Any person entering full-time employment in a state public safety position after the
effective date of this chapter shall automatically become a member of the noncontributory retirement
system.
(2) Any person in full-time employment in a state public safety position prior to the effective
date of this system may either become a member of this noncontributory system or remain a member
of the Public Safety Retirement System established under Title 49, Chapter 4, Public Safety
Retirement Act, by following the procedures established by the board pursuant to this chapter.
(3) (a) Membership in the noncontributory system is optional for political subdivisions,
except that once a political subdivision elects to participate in the noncontributory system that
election is final and binding upon the political subdivision.
(b) Persons entering public safety employment with political subdivisions that elect to
participate in the noncontributory system after the effective date of this chapter shall automatically
become members of the noncontributory retirement system.
(c) Any person in full-time employment with the political subdivision prior to that election
to participate in this system may either become a member of the noncontributory retirement system
or remain a member of the Public Safety Retirement System established under Title 49, Chapter 4,
by following the procedures established by the board pursuant to this chapter.
(4) In cities, counties, or other employing units of government that have public safety and
fire fighter personnel where cross-training and duty is required, the employing unit may enroll those
dual purpose personnel in the retirement system in which the greatest amount of duty time is
contemplated and actually worked in accordance with Subsection (3). The personnel shall be
full-time public safety or fire fighter employees of the employing unit. New public safety employing

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units after July 1, 1989, are covered under this chapter.
(5) (a) The board may by rule establish other peace officer groups for purposes of:
(i) recommending eligibility for coverage under this system; and
(ii) recommending contribution rates.
(b) (i) Each employing unit covered by this system shall annually submit to the retirement
office a schedule indicating the positions to be covered under this system in accordance with
[Subsection] Section 49-4a-103 [(5)]. The retirement office may require documentation to justify the
inclusion of any position under this system.
(ii) If there is a dispute between the retirement office and an employing unit or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 53-6-106 for determination.
(iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
questions for peace officers is limited to claims for coverage under the Public Safety Retirement
System for time periods subsequent to July 1, 1989.
(B) A decision of the Peace Officer Standards and Training Council may not be applied to
credit earned in another system prior to July 1, 1989.
(C) Except as provided under Subsection (5)(b)(iii)(D), a decision of the Peace Officer
Standards and Training Council granting an individual or a position coverage under the Public Safety
Retirement System may only be applied prospectively from the date of that decision.
(D) A decision of the Peace Officer Standards and Training Council granting an individual
or a position coverage under the Public Safety Retirement System may be applied retroactively only
if:
(I) the employing unit covered other similarly situated employees under the Public Safety
Retirement System during the time period in question; and
(II) the employee otherwise meets all eligibility requirements for membership in the Public
Safety Retirement System.
(c) (i) The Peace Officer Standards and Training Council may use a subcommittee to provide
a recommendation to the council in determining disputes between the retirement office and an

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employing unit or employee over a position to be covered under this system.
(ii) The Peace Officer Standards and Training Council shall comply with Title 63, Chapter
46b, Administrative Procedures Act, in conducting adjudicative proceedings.
(6) Employees who have performed public safety service and who then transfer or are
promoted to administration positions not covered by this system shall continue to earn public safety
service credit under this chapter as long as they remain employed in the same department.
(7) Unless the Legislature fails to provide funding in the appropriations act for the inclusion
of special function officers in the noncontributory system, special function officers shall be eligible
for membership in the noncontributory system if approved by the Peace Officers Standards and
Training Council.
(8) (a) The Peace Officer Standards and Training Council, in determining disputes between
the retirement office and an employing unit or employee over a position to be covered under this
system, shall determine that to be eligible for membership in this system the employee:
(i) is required as a duty of employment to serve in a position that may place the employee
at risk to life and personal safety; and
(ii) is required to complete training as provided in [Subsection] Section 53-13-103 [(4)],
53-13-104 [(3)], or 53-13-105 [(3)].
(b) If an employee satisfies the requirements of Subsection (8)(a), the Peace Officer
Standards and Training Council shall consider, in determining eligibility for membership in the
system, whether the employee:
(i) performs duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) performs duties that consist primarily of providing community protection; and
(iii) is required to respond to situations involving threats to public safety and make
emergency decisions affecting the lives and health of others.
(9) If a subcommittee is used to recommend the determination of disputes to the Peace
Officer Standards and Training Council, the subcommittee shall comply with the requirements of
Subsection (8) in making its recommendation.

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(10) A final order of the Peace Officer Standards and Training Council regarding a dispute
is final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures Act.
Section 5. Section 53-6-212 is amended to read:
53-6-212. Responsibility for training -- Certification.
(1) The division is not responsible for providing basic or in-service training for peace
officers defined and designated in Sections [ 53-13-103 ] 53-13-104 through [ 53-13-105 ] 53-13-106
except for approval of the instructors and content of training where required by this chapter, Title
53, Chapter 13, Peace Officer Classifications, or division rules.
(2) Where this chapter or Title 53, Chapter 13, Peace Officer Classifications, requires an
agency head to certify that a member has completed required training, the division shall rely on the
certification, as provided, to be accurate.
Section 6. Section 53-6-213 is amended to read:
53-6-213. Appropriations from reparation fund.
(1) The Legislature shall appropriate from the trust fund under the Crime Victims'
Reparations Act to the division, funds for training of [peace] law enforcement officers in the state.
(2) The department shall make an annual report to the Legislature, which includes the
amount received during the previous fiscal year.
Section 7. Section 53-13-101 is amended to read:
53-13-101. Definitions.
As used in this chapter:
(1) "Auxiliary officer" means a sworn, certified, and supervised special function officer, as
described by Section 53-13-112 .
[(1)] (2) "Certified" means recognized and accepted by the division as having successfully
met and maintained the standards and training requirements set and approved by the director of the
division with the advice and consent of the council.
[(2)] (3) "Collateral duty" means a duty to corroborate and support a peace officer function
that is secondary and supplemental to the primary duty of the position.
[(3)] (4) "Council" means the Peace Officer Standards and Training Council created in

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Section 53-6-106 .
[(4)] (5) "Director" means the director of the Peace Officer Standards and Training Division
appointed under Section 53-6-104 .
[(5)] (6) "Division" means the Peace Officer Standards and Training Division created in
Section 53-6-103 .
[(6)] (7) "Local law enforcement agency" means a law enforcement agency of any political
subdivision of the state.
[(7)] (8) "Primary duties" means those duties which come first in degree of effort and
importance.
[(8)] (9) "Principal duties" means those duties which are the highest and foremost in
responsibility.
(10) "Reserve officer" means a sworn and certified peace officer, whether paid or voluntary,
who:
(a) is serving in a reserve capacity for a law enforcement agency that is part of or
administered by the state or any of its political subdivisions; and
(b) meets the basic and in-service training requirements of the peace officer classification
in which the officer will function.
[(9)] (11) "Spectrum" means that which encompasses the scope of authority. " Full
spectrum" encompasses total 24-hour authority; while anything less than full authority is contained
or restricted within certain limits as set forth by statute, ordinance, policy, or rule.
[(10)] (12) "Sworn" means having taken the oath of office set forth in Utah Constitution
Article IV, Section 10, administered by the law enforcement agency for whom a peace officer works.
[(11)] (13) "Volunteer" means an officer who donates service without pay or other
compensation except expenses actually and reasonably incurred as approved by the supervising
agency.
[(12)] (14) (a) "While on duty" means while an officer is actually performing the job duties
and work activities assigned by the employing agency and for which the officer is trained and
certified, and may include time spent outside those duties and activities if that additional time

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involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and
under the direction of, the employing agency.
(b) "While on duty" does not include the time an officer spends commuting between the
officer's home and place of employment unless that time involves an activity in Subsection [(12)]
(14)(a).
Section 8. Section 53-13-104 is amended to read:
53-13-104. Correctional officer.
(1) (a) "Correctional officer" means [an] a sworn and certified officer [or employee of]
employed by the Department of Corrections, any political subdivision of the state, or any private
entity which contracts with the state or its political subdivisions to incarcerate inmates who is
charged with the primary duty of providing community protection.
(b) "Correctional officer" includes an individual assigned to carry out any of the following
types of functions:
(i) controlling, transporting, supervising, and taking into custody of persons arrested or
convicted of crimes;
(ii) supervising and preventing the escape of persons in state and local incarceration
facilities;
(iii) guarding and managing inmates and providing security and enforcement services at a
correctional facility; and
(iv) employees of the Board of Pardons and Parole serving on or before September 1, 1993,
whose primary responsibility is to prevent and detect crime, enforce criminal statutes, and provide
security to the Board of Pardons and Parole, and who are designated by the Board of Pardons and
Parole, approved by the commissioner of public safety, and certified by the Peace Officer Standards
and Training Division.
(2) (a) Correctional officers have peace officer authority only while on duty. The authority
of correctional officers employed by the Department of Corrections is regulated by Title 64, Chapter
13, Department of Corrections -- State Prison.
(b) Correctional officers may carry firearms only if authorized by and under conditions

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specified by the director of the Department of Corrections or the chief law enforcement officer of
the employing agency.
(3) (a) An individual may not exercise the authority of an adult correctional officer until the
individual has satisfactorily completed a basic training program for correctional officers and the
director of the Department of Corrections has certified the completion of training to the director of
the division.
(b) An individual may not exercise the authority of a county correctional officer until:
(i) the individual has satisfactorily completed a basic training program for correctional
officers and any other specialized training required by the local law enforcement agency; and
(ii) the chief administrator of the local law enforcement agency has certified the completion
of training to the director of the division.
(4) (a) The Department of Corrections of the state shall establish and maintain a correctional
officer basic course and in-service training programs as approved by the director of the division with
the advice and consent of the council.
(b) The in-service training shall:
(i) consist of no fewer than 40 hours per year; and
(ii) be conducted by the agency's own staff or other agencies.
(5) The local law enforcement agencies may establish correctional officer basic, advanced,
or in-service training programs as approved by the director of the division with the advice and
consent of the council.
Section 9. Section 53-13-105 is amended to read:
53-13-105. Special function officer.
(1) (a) "Special function officer" means a sworn and certified peace officer performing
specialized investigations, service of legal process, security functions, or specialized ordinance, rule,
or regulatory functions.
(b) "Special function officer" includes:
(i) state military police;
(ii) constables;

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(iii) port-of-entry agents as defined in Section 72-1-102 ;
(iv) authorized employees or agents of the Department of Transportation assigned to
administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
(v) school district security officers;
(vi) Utah State Hospital security officers designated pursuant to Section 62A-12-203 ;
(vii) Utah State Developmental Center security officers designated pursuant to Subsection
62A-5-206 (9);
(viii) fire arson investigators for any political subdivision of the state;
(ix) ordinance enforcement officers employed by municipalities or counties may be special
function officers;
(x) employees of the Department of Natural Resources who have been designated to conduct
supplemental enforcement functions as a collateral duty shall be special function officers;
(xi) railroad special agents deputized by a county sheriff under Section 17-30-2 , or appointed
pursuant to Section 56-1-21.5 ; [and]
(xii) auxiliary officer, as described by Section 53-13-112 ; and
[(xii)] (xiii) all other persons designated by statute as having special function officer
authority or limited peace officer authority.
(2) (a) A special function officer may exercise that spectrum of peace officer authority that
has been designated by statute to the employing agency, and only while on duty, and not for the
purpose of general law enforcement.
(b) If the special function officer is charged with security functions respecting facilities or
property, the powers may be exercised only in connection with acts occurring on the property where
the officer is employed or when required for the protection of the employer's interest, property, or
employees.
(c) A special function officer may carry firearms only while on duty, and only if authorized
and under conditions specified by the officer's employer or chief administrator.
(3) (a) A special function officer may not exercise the authority of a peace officer until:
(i) the officer has satisfactorily completed an approved basic training program for special

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function officers as provided under Subsection (4); and
(ii) the chief law enforcement officer or administrator has certified this fact to the director
of the division.
(b) City and county constables and their deputies shall certify their completion of training
to the legislative governing body of the city or county they serve.
(4) (a) The agency that the special function officer serves may establish and maintain a basic
special function course and in-service training programs as approved by the director of the division
with the advice and consent of the council.
(b) The in-service training shall consist of no fewer than 40 hours per year and may be
conducted by the agency's own staff or other agencies.
Section 10. Section 53-13-111 is amended to read:
53-13-111. Peace officers serving in a reserve or auxiliary capacity.
(1) (a) Nothing in this chapter shall preclude any law enforcement agency of the state or any
of its political subdivisions from utilizing a sworn and certified peace officer in a reserve or auxiliary
capacity.
(b) [The peace] A reserve or auxiliary officer has peace officer authority only while engaged
in the [peace officer] reserve or auxiliary activities authorized by the chief or administrator of the
agency the officer serves and shall only exercise that spectrum of peace officer authority:
(i) that the supervising agency is empowered to delegate; and
(ii) for which the officer has been trained and certified.
(2) While serving as a nonpaid volunteer in a reserve or auxiliary capacity, or working
part-time for fewer hours than that which would qualify the officer as an "employee" under state or
federal law, a peace officer is entitled to benefits in accordance with Title 67, Chapter 20, Volunteer
Government Workers Act.
(3) The agency the reserve or auxiliary officer serves shall ensure that the officer meets the
basic and in-service training requirements of the peace officer classification in which the officer will
function.
Section 11. Section 53-13-112 is enacted to read:

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53-13-112. Auxiliary officer.
(1) An auxiliary officer is a specific category of special function officer and is required to
have the level of training of a special function officer as provided in Section 53-13-105 , including
no fewer than 40 hours per year of in-service training.
(2) An auxiliary officer:
(a) shall work under the direction and immediate supervision of a certified law enforcement
officer as defined in Section 53-13-103 ;
(b) is limited to the role of back-up officer to a law enforcement officer;
(c) may not initiate any action authorized for a law enforcement officer in Section
53-13-103 ; and
(d) may be separated from a law enforcement officer only under exigent circumstances or
when engaged in functions not exclusive to law enforcement, which functions are defined by the
division by rule.

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