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First Substitute H.B. 176

Representative Chad E. Bennion proposes the following substitute bill:


             1     
LEAVE OF ABSENCE FOR DISABLED

             2     
EMPLOYEES

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Chad E. Bennion

             6      This act modifies the Utah State Personnel Management Act by expanding the pool of
             7      employees eligible for leave of absence benefits when the employee is injured in the line of
             8      duty.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          67-19-27, as last amended by Chapter 130, Laws of Utah 1995
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 67-19-27 is amended to read:
             14           67-19-27. Leave of absence with pay for disabled employees covered under other
             15      civil service systems.
             16          [(1) (a) An employee in a position covered by the Highway Patrol or operator and
             17      chauffeur license examiners civil service systems,]
             18          (1) As used in this section:
             19          (a) "Law enforcement officer" means a sworn and certified peace officer who is an
             20      employee of a law enforcement agency that is part of or administered by the state, and whose
             21      primary and principal duties consist of the prevention and detection of crime and the enforcement
             22      of criminal statutes of this state.
             23          (b) "Law enforcement officer" specifically includes the following:
             24          (i) the commissioner of public safety and any member of the Department of Public Safety
             25      certified as a peace officer;


             26          (ii) all persons specified in Sections 23-20-1.5 and 63-11-17.2 ;
             27          (iii) investigators for the Motor Vehicle Enforcement Division;
             28          (iv) special agents or investigators employed by the attorney general;
             29          (v) employees of the Department of Natural Resources designated as peace officers by law;
             30          (vi) the executive director of the Department of Corrections and any correctional
             31      enforcement or investigative officer designated by the executive director and approved by the
             32      commissioner of public safety and certified by the division; and
             33          (vii) correctional enforcement, investigative, or adult probation and parole officers
             34      employed by the Department of Corrections serving on or before July 1, 1993.
             35          (2) (a) Each law enforcement officer, operator license examiner, commercial license
             36      examiner, or Driver License Division hearing examiner who is injured in the course of
             37      employment shall be given a leave of absence with full pay during the period the employee is
             38      temporarily disabled.
             39          (b) This compensation is in lieu of all other compensation provided by law except hospital
             40      and medical services [which] that are provided by law.
             41          [(2) An employee in a position covered by the Highway Patrol civil service system,]
             42          (3) Each law enforcement officer who is 100% disabled through a criminal act upon his
             43      person by the use of a deadly weapon while in the lawful discharge of his duties, shall be given a
             44      leave of absence with full compensation until he reaches the retirement age of 62 years.


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