H.B. 192 Enrolled

WORKERS' COMPENSATION BENEFITS FOR
VOLUNTEER SAFETY OFFICERS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Neil A. Hansen
Joseph G. Murray
Max W. Young
A. Lamont Tyler
DeMar Bud Bowman
Duane E. Bourdeaux
Neal B. HendricksonDon E. Bush
Steven R. Mascaro
Jack A. Seitz
David L. Hogue
Carl R. Saunders
Cindy BeshearJames R. Gowans
Trisha S. Beck
Fred J. Fife
Patricia W. Jones
Paul Ray
Karen W. Morgan This act modifies the Volunteer Government Workers Act to address workers' compensation
coverage of voluntary firefighters and peace officers and to make conforming and technical
changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
67-20-2, as last amended by Chapter 79, Laws of Utah 1999
67-20-3, as last amended by Chapter 13, Laws of Utah 1998
67-20-7, as last amended by Chapter 240, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 67-20-2 is amended to read:
67-20-2. Definitions.
As used in this chapter:
(1) "Agency" means:
(a) any department, institution, office, college, university, authority, division, board,
bureau, commission, council, or other agency of the state;
(b) any county, city, town, school district, or special improvement or taxing district; or
(c) any other political subdivision.
(2) "Compensatory service worker" means:
(a) any person who has been convicted of a criminal offense;

(b) any youth who has been adjudged delinquent; or
(c) any person or youth who:
(i) has been diverted from the criminal or juvenile justice system; and
(ii) performs a public service for an agency as a condition of the person or youth's:
(A) sentence;
(B) diversion;
(C) probation; or
(D) parole.
(3) (a) "Volunteer" means any person who donates service without pay or other
compensation except expenses actually and reasonably incurred as approved by the supervising
agency.
(b) "Volunteer" does not include:
(i) any person participating in human subjects research to the extent that the participation
is governed by federal law or regulation inconsistent with this chapter; or
(ii) compensatory service workers.
(c) "Volunteer" includes a juror or potential juror appearing in response to a summons for
a trial jury or grand jury.
(4) "Volunteer safety officer" means an individual who:
(a) provides services as a volunteer under the supervision of an agency; and
(b) at the time the individual provides the services to the supervising agency described in
Subsection (4)(a), the individual is:
(i) exercising peace officer authority as provided in Section 53-13-102 ; or
(ii) if the supervising agency described in Subsection (4)(a) is a fire department:
(A) on the rolls of the supervising agency as a firefighter;
(B) not regularly employed as a firefighter by the supervising agency; and
(C) acting in a capacity that includes the responsibility for the extinguishment of fire.
Section 2. Section 67-20-3 is amended to read:
67-20-3. Purposes for which a volunteer is considered a government employee.

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[A] (1) Except as provided in Subsection (2), a volunteer is considered a government
employee for purposes of:
[(1)] (a) receiving workers' compensation medical benefits, which shall be the exclusive
remedy for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers'
Compensation Act, and Chapter 3, Utah Occupational Disease Act;
[(2)] (b) the operation of motor vehicles or equipment if the volunteer is properly licensed
and authorized to do so; and
[(3)] (c) liability protection and indemnification normally afforded paid government
employees.
(2) (a) Notwithstanding Subsection (1)(a), a supervising agency shall provide workers'
compensation benefits for a volunteer safety officer as provided in Section 67-20-7 .
(b) Notwithstanding Subsection (2)(a), a volunteer safety officer is considered an employee
of the supervising agency of the volunteer safety officer for purposes of Subsections (1)(b) and (c).
Section 3. Section 67-20-7 is amended to read:
67-20-7. Workers' compensation benefits for a volunteer safety officer.
(1) [In addition to the purposes set out in Subsections 67-20-3 (2) and (3), a] A volunteer
[firefighter, as defined in Section 49-5-103 ,] safety officer is considered an [agency] employee of
an agency that supervises the volunteer safety officer for the purpose of receiving workers'
compensation benefits under Title [35A] 34A, Chapter [3] 2, Workers' Compensation Act, and
Chapter [3a] 3, Utah Occupational Disease Act.
(2) [These] (a) In accordance with Section 34A-2-105 , the workers' compensation benefits
described in Subsection (1) are the exclusive remedy against the supervising agency, or an officer,
agent, or employee of the supervising agency, for all injuries and occupational diseases resulting
from [his] the volunteer safety officer's services for the supervising agency as a volunteer
[firefighter] safety officer. [Compensation]
(b) For purposes of Subsection (2)(a), the supervising agency for whom the volunteer safety
officer provides services as a volunteer safety officer is considered an employer of the volunteer
safety officer.

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(3) To compute the workers' compensation benefits for a volunteer safety officer described
in Subsection (1), the average weekly wage of the volunteer safety officer shall be [computed as
indicated in Section 49-5-802 ] the state's average weekly wage at the time of the industrial accident
or occupational disease that is the basis for the volunteer safety officer's worker's compensation
claim.

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