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Second Substitute H.B. 192

Representative Neil A. Hansen proposes the following substitute bill:


             1     
WORKERS' COMPENSATION BENEFITS FOR

             2     
VOLUNTEER SAFETY OFFICERS

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Neil A. Hansen

             6      This act modifies the Volunteer Government Workers Act to address workers' compensation
             7      coverage of voluntary firefighters and peace officers and to make conforming and technical
             8      changes.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          67-20-2, as last amended by Chapter 79, Laws of Utah 1999
             12          67-20-3, as last amended by Chapter 13, Laws of Utah 1998
             13          67-20-7, as last amended by Chapter 240, Laws of Utah 1996
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 67-20-2 is amended to read:
             16           67-20-2. Definitions.
             17          As used in this chapter:
             18          (1) "Agency" means:
             19          (a) any department, institution, office, college, university, authority, division, board,
             20      bureau, commission, council, or other agency of the state;
             21          (b) any county, city, town, school district, or special improvement or taxing district; or
             22          (c) any other political subdivision.
             23          (2) "Compensatory service worker" means:
             24          (a) any person who has been convicted of a criminal offense;
             25          (b) any youth who has been adjudged delinquent; or


             26          (c) any person or youth who:
             27          (i) has been diverted from the criminal or juvenile justice system; and
             28          (ii) performs a public service for an agency as a condition of the person or youth's:
             29          (A) sentence;
             30          (B) diversion;
             31          (C) probation; or
             32          (D) parole.
             33          (3) (a) "Volunteer" means any person who donates service without pay or other
             34      compensation except expenses actually and reasonably incurred as approved by the supervising
             35      agency.
             36          (b) "Volunteer" does not include:
             37          (i) any person participating in human subjects research to the extent that the participation
             38      is governed by federal law or regulation inconsistent with this chapter; or
             39          (ii) compensatory service workers.
             40          (c) "Volunteer" includes a juror or potential juror appearing in response to a summons for
             41      a trial jury or grand jury.
             42          (4) "Volunteer safety officer" means an individual who:
             43          (a) provides services as a volunteer under the supervision of an agency; and
             44          (b) at the time the individual provides the services to the supervising agency described in
             45      Subsection (4)(a), the individual is:
             46          (i) exercising peace officer authority as provided in Section 53-13-102 ; or
             47          (ii) if the supervising agency described in Subsection (4)(a) is a fire department:
             48          (A) on the rolls of the supervising agency as a firefighter;
             49          (B) not regularly employed as a firefighter by the supervising agency; and
             50          (C) acting in a capacity that includes the responsibility for the extinguishment of fire.
             51          Section 2. Section 67-20-3 is amended to read:
             52           67-20-3. Purposes for which volunteer considered a government employee.
             53          [A] (1) Except as provided in Subsection (2), a volunteer is considered a government
             54      employee for purposes of:
             55          [(1)] (a) receiving workers' compensation medical benefits, which shall be the exclusive
             56      remedy for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers'


             57      Compensation Act, and Chapter 3, Utah Occupational Disease Act;
             58          [(2)] (b) the operation of motor vehicles or equipment if the volunteer is properly licensed
             59      and authorized to do so; and
             60          [(3)] (c) liability protection and indemnification normally afforded paid government
             61      employees.
             62          (2) (a) Notwithstanding Subsection (1)(a), a supervising agency shall provide workers'
             63      compensation benefits for a volunteer safety officer as provided in Section 67-20-7 .
             64          (b) Notwithstanding Subsection (2)(a), a volunteer safety officer is considered an employee
             65      of the supervising agency of the volunteer safety officer for purposes of Subsections (1)(b) and (c).
             66          Section 3. Section 67-20-7 is amended to read:
             67           67-20-7. Workers' compensation benefits for volunteer safety officers.
             68          (1) [In addition to the purposes set out in Subsections 67-20-3 (2) and (3), a] A volunteer
             69      [firefighter, as defined in Section 49-5-103 ,] safety officer is considered an [agency] employee of
             70      an agency that supervises the volunteer safety officer for the purpose of receiving workers'
             71      compensation benefits under Title [35A] 34A, Chapter [3] 2, Workers' Compensation Act, and
             72      Chapter [3a] 3, Utah Occupational Disease Act.
             73          (2) [These] (a) In accordance with Section 34A-2-105 , the workers' compensation benefits
             74      described in Subsection (1) are the exclusive remedy against the supervising agency, or an officer,
             75      agent, or employee of the supervising agency, for all injuries and occupational diseases resulting
             76      from [his] the volunteer safety officer's services for the supervising agency as a volunteer
             77      [firefighter] safety officer. [Compensation]
             78          (b) For purposes of Subsection (2)(a), the supervising agency for whom the volunteer
             79      safety officer provides services as a volunteer safety officer is considered an employer of the
             80      volunteer safety officer.
             81          (3) To compute the workers' compensation benefits for a volunteer safety officer described
             82      in Subsection (1), the average weekly wage of the volunteer safety officer shall be [computed as
             83      indicated in Section 49-5-802 ] the state's average weekly wage at the time of the industrial accident
             84      or occupational disease that is the basis for volunteer safety officer's worker's compensation claim.





Legislative Review Note
    as of 2-20-02 1:02 PM



Under the current provisions of the Volunteer Government Workers Act, volunteer firefighters
receive greater workers' compensation benefits than do other volunteers. This bill extends the
differential treatment to volunteer peace officers. Under equal protection principles of the
Constitution of the United States and the uniform operation of the laws provisions of the Utah
Constitution, there are limits on a legislature's ability to establish classifications and then treat
members of the classes differently. In addition, because of the exclusive remedy element of
workers' compensation, the open courts provision of the Utah Constitution may be implicated if
the remedies provided under workers' compensation are found inadequate. In examining the
permissibility of classes, courts look to factors such as the relationship between the class and the
legislative objective being pursued.

Office of Legislative Research and General Counsel


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