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H.B. 121






Sponsor: Chad E. Bennion

             6      This act modifies the Utah State Personnel Management Act by modifying requirements
             7      for granting a paid leave of absence for certain disabled employees.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          67-19-27, as last amended by Chapter 236, Laws of Utah 2002
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 67-19-27 is amended to read:
             13           67-19-27. Leave of absence with pay for disabled employees covered under other
             14      civil service systems.
             15          (1) As used in this section:
             16          (a) (i) "Law enforcement officer" means a sworn and certified peace officer who is an
             17      employee of a law enforcement agency that is part of or administered by the state, and whose
             18      primary and principal duties consist of the prevention and detection of crime and the
             19      enforcement of criminal statutes of this state.
             20          [(b)] (ii) "Law enforcement officer" specifically includes the following:
             21          [(i)] (A) the commissioner of public safety and any member of the Department of
             22      Public Safety certified as a peace officer;
             23          [(ii)] (B) all persons specified in Sections 23-20-1.5 and 63-11-17.2 ;
             24          [(iii)] (C) investigators for the Motor Vehicle Enforcement Division;
             25          [(iv)] (D) special agents or investigators employed by the attorney general;
             26          [(v)] (E) employees of the Department of Natural Resources designated as peace
             27      officers by law;

             28          [(vi)] (F) the executive director of the Department of Corrections and any correctional
             29      enforcement or investigative officer designated by the executive director and approved by the
             30      commissioner of public safety and certified by the division; and
             31          [(vii)] (G) correctional enforcement, investigative, or adult probation and parole
             32      officers employed by the Department of Corrections serving on or before July 1, 1993.
             33          (b) "State correctional officer" means a correctional officer as defined in Section
             34      53-13-104 who is employed by the Department of Corrections.
             35          (2) (a) Each law enforcement officer, state correctional officer, operator license
             36      examiner, commercial license examiner, or Driver License Division hearing examiner who is
             37      injured in the course of employment shall be given a leave of absence with full pay during the
             38      period the employee is temporarily disabled.
             39          (b) This compensation is in lieu of all other compensation provided by law except
             40      hospital and medical services that are provided by law.
             41          (3) Each law enforcement officer or state correctional officer who is 100% disabled
             42      through a criminal act upon his person [by the use of a deadly weapon] while in the lawful
             43      discharge of his duties, shall be given a leave of absence with full compensation until he retires
             44      or reaches the retirement age of 62 years.

Legislative Review Note
    as of 1-24-03 4:09 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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