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.

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