First Substitute S.B. 276

Senator Beverly Ann Evans proposes to substitute the following bill:

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12 The act is repealed January 1, 2003.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

26 CHAPTER 10. OLYMPIC LAW ENFORCEMENT AND PUBLIC SAFETY
27 WORKERS' COMPENSATION ACT
28 Part 1. General Provisions
29 34A-10-101. Title.
30 This chapter is known as the "Olympic Law Enforcement and Public Safety Workers'
31 Compensation Act."
32 Section 2. Section 34A-10-102 is enacted to read:
33 34A-10-102. Definitions.
34 As used in this chapter:
35 (1) "Command" means the Olympic Public Safety Command created in Section 53-12-201 .
36 (2) "Exercises control over the general nature and quality of the public safety services"
37 means to exercise or to have the right to exercise control over the nature and quality of the public
38 safety services provided by the command in accordance with the public safety plan, including the
39 authority to:
40 (a) direct the command to correct deficiencies in the quality of public safety services being
41 provided in accordance with the public safety plan;
42 (b) coordinate with the command with respect to the number of public safety officers or
43 public safety volunteers that are assigned at sites at which public safety services are being provided
44 in accordance with the public safety plan; and
45 (c) coordinate other services provided by the organizing committee with public safety
46 services provided in accordance with the public safety plan.
47 (3) "Olympics" means the Olympic Winter Games of 2002 to be hosted by Salt Lake City.
48 (4) "Organizing committee" has the same meaning as in Section 63A-10-102 .
49 (5) "Paralympics" means the Paralympic Winter Games of 2002 to be hosted by Salt Lake
50 City.
51 (6) "Public safety agency" means the following as defined in Section 53-12-102 :
52 (a) a local law enforcement agency;
53 (b) a local public safety agency;
54 (c) a state law enforcement agency; or
55 (d) state public safety agency.
56 (7) (a) "Public safety officer" means an individual who provides public safety services in

57 accordance with the public safety plan.
58 (b) "Public safety officer" does not include:
59 (i) a law enforcement or public safety officer employed by the federal government; or
60 (ii) a public safety volunteer.
61 (8) (a) "Public safety plan" means the written plan that:
62 (i) provides for law enforcement and public safety services; and
63 (ii) is required under Section 53-12-202 .
64 (b) "Public safety plan" includes actions taken by the Olympic law enforcement
65 commander under Subsection 53-12-301 (3) in providing public safety services for the Olympics
66 or Paralympics.
67 (9) "Public safety services" means law enforcement and public safety services as defined
68 in Section 53-12-102 .
69 (10) (a) "Public safety volunteer" means an individual who provides public safety services
70 without pay in accordance with the public safety plan.
71 (b) "Public safety volunteer" does not include a law enforcement or public safety officer
72 employed by the federal government.
73 (11) "Regular employer" means the state or political subdivision of the state that regularly
74 employs and provides compensation to the public safety officer.
75 (12) "Without pay" means to receive no remuneration other than:
76 (a) meals;
77 (b) a uniform;
78 (c) transportation;
79 (d) lodging; or
80 (e) reimbursement for incidental expenses.
81 Section 3. Section 34A-10-201 is enacted to read:
82 Part 2. Workers' Compensation for Olympic Public Safety Officers
83 34A-10-201. Workers' compensation for Olympic public safety officers.
84 (1) Subject to Subsection (2), the following are considered to be an employer of a public
85 safety officer while the public safety officer is providing public safety services in accordance with
86 the public safety plan:
87 (a) the regular employer of the public safety officer;

88 (b) the command if the command exercises or has the right to exercise supervision or
89 control over the public safety officer in accordance with the public safety plan;
90 (c) the organizing committee if the organizing committee exercises control over the
91 general nature and quality of the public safety services provided in accordance with the public
92 safety plan; and
93 (d) a public safety agency that, in accordance with the public safety plan:
94 (i) is designated to provide personnel in a supervisory capacity; and
95 (ii) provides personnel who:
96 (A) act in a supervisory capacity; and
97 (B) exercise supervision or control over the public safety officer.
98 (2) An entity listed in Subsection (1) is considered to be an employer of a public safety
99 officer if the public safety officer's regular employer:
100 (a) defines the scope of employment of a public safety officer to include allowing the
101 public safety officer to provide public safety services in accordance with the public safety plan;
102 (b) enters into a contract with the command to provide public safety officers in accordance
103 with the public safety plan; and
104 (c) provides workers' compensation coverage, in a manner provided in Section 34A-2-201 ,
105 for the public safety officer that includes coverage for the public safety officer while providing
106 public safety services in accordance with the public safety plan.
107 (3) An employer described in Subsection (1) is considered to be an employer of a public
108 safety officer for the purposes of:
109 (a) workers' compensation coverage under Chapters 2 and 3; and
110 (b) Chapter 8, Utah Injured Worker Reemployment Act.
111 Section 4. Section 34A-10-202 is enacted to read:
112 34A-10-202. Exclusive remedy -- Olympic public safety officers.
113 A public safety officer's right under Chapters 2 and 3 to recover compensation against an
114 employer described in Subsection 34A-10-201 (1), for accident, injury, or death in the course of,
115 because of, or arising out of the public safety officer's providing public safety services in
116 accordance with the public safety plan, is the public safety officer's exclusive remedy, as provided
117 in Section 34A-2-105 , against an employer described in Subsection 34A-10-201 (1).
118 Section 5. Section 34A-10-301 is enacted to read:

119 Part 3. Workers' Compensation for Olympic Public Safety Volunteers
120 34A-10-301. Workers' compensation coverage for Olympic public safety volunteers.
121 (1) For purposes of Subsection (2), the following are considered to be an employer of a
122 public safety volunteer:
123 (a) the command if:
124 (i) the public safety volunteer provides public safety services in accordance with the public
125 safety plan; and
126 (ii) the command exercises or has the right to exercise supervision or control over the
127 public safety volunteer in accordance with the public safety plan;
128 (b) the organizing committee if the organizing committee exercises control over the
129 general nature and quality of the public safety services provided in accordance with the public
130 safety plan; and
131 (c) a public safety agency that, in accordance with the public safety plan:
132 (i) is designated to provide personnel in a supervisory capacity; and
133 (ii) provides personnel who:
134 (A) act in a supervisory capacity; and
135 (B) exercise supervision or control over the public safety volunteer.
136 (2) An employer described in Subsection (1) is considered to be an employer of a public
137 safety volunteer for the purposes of:
138 (a) workers' compensation coverage under Chapters 2 and 3; and
139 (b) Chapter 8, Utah Injured Worker Reemployment Act.
140 (3) A public safety volunteer's eligibility for the benefits described in Subsection (2) shall
141 be determined in accordance with this chapter, notwithstanding:
142 (a) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
143 (b) Title 67, Chapter 20, Volunteer Government Workers Act.
144 Section 6. Section 34A-10-302 is enacted to read:
145 34A-10-302. Exclusive remedy -- Olympic public safety volunteers.
146 (1) (a) Subject to Subsection (2), a public safety volunteer's right under Chapters 2 and 3
147 to recover compensation against an employer described in Subsection 34A-10-301 (1) or the regular
148 employer of a public safety officer providing public safety services in accordance with the public
149 safety plan for accident, injury, or death in the course of, because of, or arising out of the public

150 safety volunteer's providing public safety services in accordance with the public safety plan, is the
151 public safety volunteer's exclusive remedy, as provided in Section 34A-2-105 , against an employer
152 described in Subsection 34A-10-301 (1) and the regular employer of a public safety officer
153 providing public safety services in accordance with the public safety plan.
154 (b) A public safety volunteer's exclusive remedy shall be determined in accordance with
155 this part, notwithstanding:
156 (i) Chapter 9, Olympic Volunteer Workers' Compensation Act; and
157 (ii) Title 67, Chapter 20, Volunteer Government Workers Act.
158 (2) Subsection (1) applies if:
159 (a) before the public safety volunteer provides public safety services, the command:
160 (i) notifies the public safety volunteer that the public safety volunteer is, for purposes of
161 workers' compensation, an employee of the employers described in Subsection 34A-10-301 (1);
162 and
163 (ii) designates in writing that the public safety volunteer is to provide public safety services
164 without pay; and
165 (b) the command provides workers' compensation coverage for the public safety volunteer
166 while engaged in providing public safety services in accordance with the public safety plan.
167 Section 7. Section 34A-10-303 is enacted to read:
168 34A-10-303. Average weekly wage for Olympic public safety volunteers.
169 For purposes of computing compensation, the average weekly wage rate of a public safety
170 volunteer considered an employee of an employer described in Subsection 34A-10-301 (1) is
171 considered to be $400.
172 Section 8. Section 63-55b-134 is amended to read:
173 63-55b-134. Repeal dates -- Title 34A.
174 (1) Title 34A, Chapter 9, Olympic Volunteer Workers' Compensation Act, is repealed on
175 January 1, 2003.
176 (2) Title 34A, Chapter 10, Olympic Law Enforcement and Public Safety Workers'
177 Compensation Act, is repealed on January 1, 2003.