H.B. 55

1

VOLUNTEER SEARCH AND RESCUE WORKERS'
2 COMPENSATION CLAIMS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kraig Powell
6 Senate Sponsor: Kevin T. Van Tassell
7
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; and
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:
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:
30 Section 1. Section 67-20-2 is amended to read:
31 67-20-2. Definitions.
32 As used in this chapter:
33 (1) "Agency" means:
34 (a) [any] a department, institution, office, college, university, authority, division, board,
35 bureau, commission, council, or other agency of the state;
36 (b) [any] a county, city, town, school district, or special improvement or taxing district;
37 or
38 (c) any other political subdivision.
39 (2) "Compensatory service worker" means [any] a person who performs a public
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 [any] a person who donates service without pay or other
48 compensation except expenses actually and reasonably incurred as approved by the supervising
49 agency.
50 (b) "Volunteer" does not include:
51 (i) [any] a person participating in human subjects research to the extent that the
52 participation is governed by federal law or regulation inconsistent with this chapter; or
53 (ii) a compensatory service [workers] worker.
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 2. Section 67-20-3 is amended to read:
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 [vehicles] vehicle or equipment if the volunteer is properly
80 licensed and authorized to do so; and
81 (c) liability protection and indemnification normally afforded paid a government
82 [employees] employee.
83 (2) (a) [Notwithstanding Subsection (1)(a), a] A supervising agency shall provide
84 workers' compensation benefits for a volunteer safety officer as provided in Section 67-20-7 .
85 (b) [Notwithstanding Subsection (2)(a), a] A volunteer safety officer is considered an
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 3. Section 67-20-7.5 is enacted to read:
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

Office of Legislative Research and General Counsel