S.B. 175

1

WORKERS' COMPENSATION COVERAGE OF
2 OLYMPIC VOLUNTEERS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: L. Alma Mansell
6 AN ACT RELATING TO LABOR; PROVIDING FOR THE TREATMENT OF CERTAIN
7 VOLUNTEERS; AND PROVIDING A REPEAL DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 67-20-2, as last amended by Chapter 94, Laws of Utah 1998
11 ENACTS:
12 34A-9-101, Utah Code Annotated 1953
13 34A-9-102, Utah Code Annotated 1953
14 34A-9-103, Utah Code Annotated 1953
15 34A-9-104, Utah Code Annotated 1953
16 34A-9-105, Utah Code Annotated 1953
17 63-55b-134, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 34A-9-101 is enacted to read:
20 CHAPTER 9. OLYMPIC VOLUNTEER WORKERS COMPENSATION ACT
21 34A-9-101. Title.
22 This chapter is known as the "Olympic Volunteer Workers Compensation Act."
23 Section 2. Section 34A-9-102 is enacted to read:
24 34A-9-102. Definitions.
25 As used in this chapter:
26 (1) "Organizing committee" means the Salt Lake Organizing Committee for the Winter
27 Olympic Games of 2002.

28 (2) "Voluntary service without pay" means the performance of work by an individual who
29 receives no remuneration other than:
30 (a) meals;
31 (b) a uniform;
32 (c) transportation;
33 (d) lodging; or
34 (e) reimbursement for incidental expenses.
35 Section 3. Section 34A-9-103 is enacted to read:
36 34A-9-103. Workers compensation coverage for Olympic volunteers.
37 (1) For the purposes described in Subsection (2), a person is considered an employee of
38 the organizing committee while the person performs voluntary services without pay if the person
39 performs the voluntary service:
40 (a) under the control of the organizing committee; and
41 (b) in the course of or in connection with the organization, preparation, hosting, and
42 operation of the organizing committee for the Olympic Winter Games of 2002 and Paralympic
43 Winter Games of 2002.
44 (2) A person described in Subsection (1) is considered the employee of the organizing
45 committee solely for purposes of:
46 (a) workers compensation coverage under Chapters 2 and 3; and
47 (b) Chapter 8, Utah Injured Worker Reemployment Act.
48 (3) This chapter does not make a person described in Subsection (1) an employee of the
49 organizing committee for any purpose other than those listed in Subsection (2).
50 Section 4. Section 34A-9-104 is enacted to read:
51 34A-9-104. Exclusive remedy.
52 The exclusive remedy of Section 34A-2-105 applies to a person considered an employee
53 of the organizing committee under Section 34A-9-103 , including aliens and minors, if the
54 organizing committee:
55 (1) provides workers' compensation insurance coverage for that person; and
56 (2) prior to a compensable injury or illness:
57 (a) notifies the person that that person is an employee of the organizing committee for
58 purposes of workers' compensation; and

59 (b) designates in writing that the person is to provide voluntary service without pay as
60 described in Subsection 34A-9-103 .
61 Section 5. Section 34A-9-105 is enacted to read:
62 34A-9-105. Average weekly wage.
63 For purposes of computing compensation, the average weekly wage rate of a person
64 considered an employee of the organizing committee under Section 34A-9-104 , is considered to
65 be $400.
66 Section 6. Section 63-55b-134 is enacted to read:
67 63-55b-134. Repeal dates -- Title 34A.
68 Title 34A, Chapter 9, Olympic Volunteer Workers Compensation Act, is repealed on
69 January 1, 2003.
70 Section 7. Section 67-20-2 is amended to read:
71 67-20-2. Definitions.
72 As used in this chapter:
73 (1) "Agency" means:
74 (a) any department, institution, office, college, university, authority, division, board,
75 bureau, commission, council, or other agency of the state;
76 (b) any county, city, town, school district, or special improvement or taxing district; or
77 [(c) any Olympic Winter Games organizing committee, as approved by the Utah Sports
78 Authority; or]
79 [(d)] (c) any other political subdivision.
80 (2) "Compensatory service worker" means:
81 (a) any person who has been convicted of a criminal offense[,];
82 (b) any youth who has been adjudged delinquent[,]; or
83 (c) any person or youth who:
84 (i) has been diverted from the criminal or juvenile justice system; and [who]
85 (ii) performs a public service for an agency as a condition of [his] the person or youth's:
86 (A) sentence[,];
87 (B) diversion[,];
88 (C) probation[,]; or
89 (D) parole.

90 (3) (a) "Volunteer" means any person who donates service without pay or other
91 compensation except expenses actually and reasonably incurred as approved by the supervising
92 agency.
93 (b) "Volunteer" does not include:
94 (i) any person participating in human subjects research to the extent that the participation
95 is governed by federal law or regulation inconsistent with this chapter[, nor does it include]; or
96 (ii) compensatory service workers.
97 (c) "Volunteer" includes a juror or potential juror appearing in response to a summons for
98 a trial jury or grand jury.




Legislative Review Note
as of 2-12-99 10:05 AM

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

Office of Legislative Research and General Counsel