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H.B. 55
This document includes House Committee Amendments incorporated into the bill on Fri, Feb 4, 2011 at 12:58 PM by lerror. --> 1
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to state officers and employees to address workers'
11 compensation claims by members of a county sheriff's search and rescue team.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . modifies the workers' compensation benefits available to a volunteer search and
16 rescue team member under specified circumstances; H. [
16a . allowing use of money in the Search and Rescue Financial Assistance Program for
16b volunteer search and rescue workers' compensation costs; and .H
17 . makes technical and conforming amendments.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
23a H. 53-2-107, as last amended by Laws of Utah 2010, Chapter 208 .H
24 67-20-2, as last amended by Laws of Utah 2010, Chapter 300
25 67-20-3, as last amended by Laws of Utah 2002, Chapter 36
26 ENACTS:
27 67-20-7.5, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:
29a H. Section 1. Section 53-2-107 is amended to read:
29b 53-2-107. Search and Rescue Financial Assistance Program -- Uses -- Rulemaking --
29c Distribution.
29d (1) (a) "Reimbursable expenses," as used in this section, means those reasonable costs
29e incidental to search and rescue activities.
29f (b) "Reimbursable expenses" include:
29g (i) rental for fixed wing aircraft, helicopters, snowmobiles, boats, and generators;
29h (ii) replacement and upgrade of search and rescue equipment;
29i (iii) training of search and rescue volunteers; [
29j (iv) costs of providing workers' compensation benefits for volunteer search and rescue team
29k members under Section 67-20-7.5; and
29l (iv) any other equipment or expenses necessary or appropriate for conducting search and
29m rescue activities.
29n (c) "Reimbursable expenses" do not include any salary or overtime paid to any person on a
29o regular or permanent payroll, including permanent part-time employees of any agency or political
29p subdivision of the state.
29q (2) There is created the Search and Rescue Financial Assistance Program within the division.
29r (3) (a) The program shall be funded from the following revenue sources:
29s (i) any voluntary contributions to the state received for search and rescue operations;
29t (ii) money received by the state under Section 23-19-42, Section 41-22-34, and Section
29u 73-18-24; and
29v (iii) appropriations made to the program by the Legislature.
29w (b) All funding for the program shall be nonlapsing.
29x (4) The director shall use the money to reimburse counties for all or a portion of each county's
29y reimbursable expenses for search and rescue operations, subject to:
29z (a) the approval of the Search and Rescue Advisory Board as provided in Section 53-2-109;
29aa (b) money available in the program; and
29ab (c) rules made under Subsection (7).
29ac (5) Program money may not be used to reimburse for any paid personnel costs or paid man
29ad hours spent in emergency response and search and rescue related activities.
29ae (6) The Legislature finds that these funds are for a general and statewide public purpose.
29af (7) The division, with the approval of the Search and Rescue Advisory Board, shall make rules
29ag in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with
29ah this act:
29ai (a) specifying the costs that qualify as reimbursable expenses;
29aj (b) defining the procedures of agencies to submit expenses and be reimbursed; and
29ak (c) providing a formula to govern the distribution of available money among the counties for
29al uncompensated search and rescue expenses based on:
29am (i) the total qualifying expenses submitted;
29an (ii) the number of search and rescue incidents per county population;
29ao (iii) the number of victims that reside outside the county; and
29ap (iv) the number of volunteer hours spent in each county in emergency response and search and
29aq rescue related activities per county population. .H
30 Section H. [
31 67-20-2. Definitions.
32 As used in this chapter:
33 (1) "Agency" means:
34 (a) [
35 bureau, commission, council, or other agency of the state;
36 (b) [
37 or
38 (c) any other political subdivision.
39 (2) "Compensatory service worker" means [
40 service with or without compensation for an agency as a condition or part of the person's:
41 (a) incarceration;
42 (b) plea;
43 (c) sentence;
44 (d) diversion;
45 (e) probation; or
46 (f) parole.
47 (3) (a) "Volunteer" means [
48 compensation except expenses actually and reasonably incurred as approved by the supervising
49 agency.
50 (b) "Volunteer" does not include:
51 (i) [
52 participation is governed by federal law or regulation inconsistent with this chapter; or
53 (ii) a compensatory service [
54 (c) "Volunteer" includes a juror or potential juror appearing in response to a summons
55 for a trial jury or grand jury.
56 (4) "Volunteer safety officer" means an individual who:
57 (a) provides services as a volunteer under the supervision of an agency; and
58 (b) at the time the individual provides the services to the supervising agency described
59 in Subsection (4)(a), the individual is:
60 (i) exercising peace officer authority as provided in Section 53-13-102 ; or
61 (ii) if the supervising agency described in Subsection (4)(a) is a fire department:
62 (A) on the rolls of the supervising agency as a firefighter;
63 (B) not regularly employed as a firefighter by the supervising agency; and
64 (C) acting in a capacity that includes the responsibility for the extinguishment of fire.
65 (5) "Volunteer search and rescue team member" means an individual who:
66 (a) provides services as a volunteer under the supervision of a county sheriff; and
67 (b) at the time the individual provides the services to the county sheriff described in
68 Subsection (5)(a), is:
69 (i) certified as a member of the county sheriff's search and rescue team; and
70 (ii) acting in the capacity of a member of the search and rescue team of the supervising
71 county sheriff.
72 Section H. [
73 67-20-3. Purposes for which a volunteer is considered a government employee.
74 (1) Except as provided in Subsection (2) or (3), a volunteer is considered a government
75 employee for purposes of:
76 (a) receiving workers' compensation medical benefits, which shall be the exclusive
77 remedy for all injuries and occupational diseases as provided under Title 34A, Chapter 2,
78 Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act;
79 (b) the operation of a motor [
80 licensed and authorized to do so; and
81 (c) liability protection and indemnification normally afforded paid a government
82 [
83 (2) (a) [
84 workers' compensation benefits for a volunteer safety officer as provided in Section 67-20-7 .
85 (b) [
86 employee of the supervising agency of the volunteer safety officer for purposes of Subsections
87 (1)(b) and (c).
88 (3) (a) The county of a county sheriff that certifies and supervises a volunteer search
89 and rescue team member shall provide workers' compensation benefits for the volunteer search
90 and rescue team member as provided in Section 67-20-7.5 .
91 (b) For purposes of Subsections (1)(b) and (c), a volunteer search and rescue team
92 member is considered an employee of the county of the county sheriff that certifies and
93 supervises the volunteer search and rescue team member.
94 Section H. [
95 67-20-7.5. Workers' compensation benefits for a volunteer search and rescue team
96 member.
97 (1) A volunteer search and rescue team member is considered an employee of the
98 county of the county sheriff that certifies and supervises the volunteer search and rescue team
99 member for the purpose of receiving workers' compensation benefits under:
100 (a) Title 34A, Chapter 2, Workers' Compensation Act; and
101 (b) Title 34A, Chapter 3, Utah Occupational Disease Act.
102 (2) (a) In accordance with Section 34A-2-105 , the workers' compensation benefits
103 described in Subsection (1) are the exclusive remedy against the county of the supervising
104 county sheriff or an officer, agent, or employee of the county or supervising county sheriff, for
105 the injuries and occupational diseases resulting from the volunteer search and rescue team
106 member's services for the supervising county sheriff as a volunteer search and rescue team
107 member.
108 (b) For purposes of Subsection (2)(a), the county of the supervising county sheriff for
109 whom the volunteer search and rescue team member provides services as a volunteer search
110 and rescue team member is considered an employer of the volunteer search and rescue team
111 member.
112 (3) To compute the workers' compensation benefits for a volunteer search and rescue
113 team member described in Subsection (1), the average weekly wage of the volunteer search and
114 rescue team member for purposes of the volunteer search and rescue team member's workers'
115 compensation claim is the average weekly wage of an entry-level deputy sheriff employed by
116 the supervising county sheriff at the time of the industrial accident or occupational disease.
Legislative Review Note
as of 1-17-11 9:37 AM