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S.B. 276 Enrolled
This act modifies the Labor Code. The act enacts the Olympic Law Enforcement and Public
Safety Workers' Compensation Act. The act provides for workers' compensation coverage
for law enforcement and public safety volunteers and paid officers who provide public safety
services during the Olympic Winter Games of 2002 and the Paralympic Winter Games of
2002. The act provides that the workers compensation coverage is the public safety officer's
and public safety volunteer's exclusive remedy against their employers, as defined in the act.
The act is repealed January 1, 2003.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-55b-134, as enacted by Chapter 79, Laws of Utah 1999
ENACTS:
34A-10-101, Utah Code Annotated 1953
34A-10-102, Utah Code Annotated 1953
34A-10-201, Utah Code Annotated 1953
34A-10-202, Utah Code Annotated 1953
34A-10-301, Utah Code Annotated 1953
34A-10-302, Utah Code Annotated 1953
34A-10-303, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 34A-10-101 is enacted to read:
34A-10-101. Title.
This chapter is known as the "Olympic Law Enforcement and Public Safety Workers'
Compensation Act."
Section 2. Section 34A-10-102 is enacted to read:
34A-10-102. Definitions.
As used in this chapter:
(1) "Command" means the Olympic Public Safety Command created in Section 53-12-201 .
(2) "Exercises control over the general nature and quality of the public safety services"
means to exercise or to have the right to exercise control over the nature and quality of the public
safety services provided by the command in accordance with the public safety plan, including the
authority to:
(a) direct the command to correct deficiencies in the quality of public safety services being
provided in accordance with the public safety plan;
(b) coordinate with the command with respect to the number of public safety officers or
public safety volunteers that are assigned at sites at which public safety services are being provided
in accordance with the public safety plan; and
(c) coordinate other services provided by the organizing committee with public safety
services provided in accordance with the public safety plan.
(3) "Olympics" means the Olympic Winter Games of 2002 to be hosted by Salt Lake City.
(4) "Organizing committee" has the same meaning as in Section 63A-10-102 .
(5) "Paralympics" means the Paralympic Winter Games of 2002 to be hosted by Salt Lake
City.
(6) "Public safety agency" means the following as defined in Section 53-12-102 :
(a) a local law enforcement agency;
(b) a local public safety agency;
(c) a state law enforcement agency; or
(d) state public safety agency.
(7) (a) "Public safety officer" means an individual who provides public safety services in
accordance with the public safety plan.
(b) "Public safety officer" does not include:
(i) a law enforcement or public safety officer employed by the federal government; or
(ii) a public safety volunteer.
(8) (a) "Public safety plan" means the written plan that:
(i) provides for law enforcement and public safety services; and
(ii) is required under Section 53-12-202 .
(b) "Public safety plan" includes actions taken by the Olympic law enforcement commander
under Subsection 53-12-301 (3) in providing public safety services for the Olympics or Paralympics.
(9) "Public safety services" means law enforcement and public safety services as defined in
Section 53-12-102 .
(10) (a) "Public safety volunteer" means an individual who provides public safety services
without pay in accordance with the public safety plan.
(b) "Public safety volunteer" does not include a law enforcement or public safety officer
employed by the federal government.
(11) "Regular employer" means the state or political subdivision of the state that regularly
employs and provides compensation to the public safety officer.
(12) "Without pay" means to receive no remuneration other than:
(a) meals;
(b) a uniform;
(c) transportation;
(d) lodging; or
(e) reimbursement for incidental expenses.
Section 3. Section 34A-10-201 is enacted to read:
34A-10-201. Employers of Olympic public safety officers -- Conditions.
(1) Subject to Subsection (2), the following are considered to be an employer of a public
safety officer while the public safety officer is providing public safety services in accordance with
the public safety plan:
(a) the regular employer of the public safety officer;
(b) the command if the command exercises or has the right to exercise supervision or control
over the public safety officer in accordance with the public safety plan;
(c) the organizing committee if the organizing committee exercises control over the general
nature and quality of the public safety services provided in accordance with the public safety plan;
and
(d) a public safety agency that, in accordance with the public safety plan:
(i) is designated to provide personnel in a supervisory capacity; and
(ii) provides personnel who:
(A) act in a supervisory capacity; and
(B) exercise supervision or control over the public safety officer.
(2) An entity listed in Subsection (1) is considered to be an employer of a public safety
officer if the public safety officer's regular employer:
(a) defines the scope of employment of a public safety officer to include allowing the public
safety officer to provide public safety services in accordance with the public safety plan;
(b) enters into a contract with the command to provide public safety officers in accordance
with the public safety plan; and
(c) provides workers' compensation coverage, in a manner provided in Section 34A-2-201 ,
for the public safety officer that includes coverage for the public safety officer while providing public
safety services in accordance with the public safety plan.
(3) An employer described in Subsection (1) is considered to be an employer of a public
safety officer for the purposes of:
(a) workers' compensation coverage under Chapter 2, Workers' Compensation Act, and
Chapter 3, Utah Occupational Disease Act; and
(b) Chapter 8, Utah Injured Worker Reemployment Act.
Section 4. Section 34A-10-202 is enacted to read:
34A-10-202. Olympic public safety officer's exclusive remedy.
A public safety officer's right under Chapter 2, Workers' Compensation Act, and Chapter 3,
Utah Occupational Disease Act, to recover compensation against an employer described in
Subsection 34A-10-201 (1), for accident, injury, or death in the course of, because of, or arising out
of the public safety officer's providing public safety services in accordance with the public safety
plan, is the public safety officer's exclusive remedy, as provided in Section 34A-2-105 , against an
employer described in Subsection 34A-10-201 (1).
Section 5. Section 34A-10-301 is enacted to read:
34A-10-301. Employers of Olympic public safety volunteers.
(1) For purposes of Subsection (2), the following are considered to be an employer of a
public safety volunteer:
(a) the command if:
(i) the public safety volunteer provides public safety services in accordance with the public
safety plan; and
(ii) the command exercises or has the right to exercise supervision or control over the public
safety volunteer in accordance with the public safety plan;
(b) the organizing committee if the organizing committee exercises control over the general
nature and quality of the public safety services provided in accordance with the public safety plan;
and
(c) a public safety agency that, in accordance with the public safety plan:
(i) is designated to provide personnel in a supervisory capacity; and
(ii) provides personnel who:
(A) act in a supervisory capacity; and
(B) exercise supervision or control over the public safety volunteer.
(2) An employer described in Subsection (1) is considered to be an employer of a public
safety volunteer for the purposes of:
(a) workers' compensation coverage under Chapter 2, Workers' Compensation Act, and
Chapter 3, Utah Occupational Disease Act; and
(b) Chapter 8, Utah Injured Worker Reemployment Act.
(3) A public safety volunteer's eligibility for the benefits described in Subsection (2) shall
be determined in accordance with this chapter, notwithstanding:
(a) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
(b) Title 67, Chapter 20, Volunteer Government Workers Act.
Section 6. Section 34A-10-302 is enacted to read:
34A-10-302. Olympic public safety volunteer's exclusive remedy -- Conditions.
(1) (a) Subject to Subsection (2), a public safety volunteer's right under Chapter 2, Workers'
Compensation Act, and Chapter 3, Utah Occupational Disease Act, to recover compensation against
an employer described in Subsection 34A-10-301 (1) or the regular employer of a public safety
officer providing public safety services in accordance with the public safety plan for accident, injury,
or death in the course of, because of, or arising out of the public safety volunteer's providing public
safety services in accordance with the public safety plan, is the public safety volunteer's exclusive
remedy, as provided in Section 34A-2-105 , against an employer described in Subsection
34A-10-301 (1) and the regular employer of a public safety officer providing public safety services
in accordance with the public safety plan.
(b) A public safety volunteer's exclusive remedy shall be determined in accordance with this
part, notwithstanding:
(i) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
(ii) Title 67, Chapter 20, Volunteer Government Workers Act.
(2) Subsection (1) applies if:
(a) before the public safety volunteer provides public safety services, the command:
(i) notifies the public safety volunteer that the public safety volunteer is, for purposes of
workers' compensation, an employee of the employers described in Subsection 34A-10-301 (1); and
(ii) designates in writing that the public safety volunteer is to provide public safety services
without pay; and
(b) the command provides workers' compensation coverage for the public safety volunteer
while engaged in providing public safety services in accordance with the public safety plan.
Section 7. Section 34A-10-303 is enacted to read:
34A-10-303. Average weekly wage for Olympic public safety volunteer.
For purposes of computing compensation, the average weekly wage rate of a public safety
volunteer considered an employee of an employer described in Subsection 34A-10-301 (1) is
considered to be $400.
Section 8. Section 63-55b-134 is amended to read:
63-55b-134. Repeal dates -- Title 34A.
(1) Title 34A, Chapter 9, Olympic Volunteer Workers' Compensation Act, is repealed on
January 1, 2003.
(2) Title 34A, Chapter 10, Olympic Law Enforcement and Public Safety Workers'
Compensation Act, is repealed on January 1, 2003.
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