S.B. 246 Enrolled

1

VOLUNTEER WORKERS AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott K. Jenkins
5 House Sponsor: Richard A. Greenwood
6
7 LONG TITLE
8 General Description:
9 This bill modifies general government provisions and provisions related to state officers
10 and employees to limit the liability of volunteers and volunteer facilitators.
11 Highlighted Provisions:
12 This bill:
13 . defines "volunteer facilitator";
14 . limits the liability of volunteer facilitators under the Immunity for Persons
15 Performing Voluntary Services Act;
16 . limits the liability of volunteer facilitators under the Volunteer Government
17 Workers Act; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63G-8-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
26 63G-8-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
27 67-20-2, as last amended by Laws of Utah 2011, Chapter 248
28 67-20-3, as last amended by Laws of Utah 2011, Chapter 248
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63G-8-102 is amended to read:
32 63G-8-102. Definitions.
33 As used in this act:
34 [(2)] (1) "Compensation" means payment for services in any form whatsoever, whether
35 per diem or otherwise, except where the payment is solely for the purpose of paying
36 subsistence, travel, or other expenses incurred by the person performing those services.
37 [(1)] (2) "Public entity" means the state or any political subdivision of it, or any office,
38 department, division, board, agency, commission, council, authority, institution, hospital,
39 school, college, university, or other instrumentality of the state or any political subdivision.
40 (3) "Volunteer facilitator" is as defined in Section 67-20-2 .
41 Section 2. Section 63G-8-201 is amended to read:
42 63G-8-201. Voluntary services -- Immunity from liability -- Exceptions.
43 [Any] (1) A person performing services on a voluntary basis, without compensation,
44 under the general supervision of, and on behalf of any public entity, [shall be] is immune from
45 liability with respect to any decisions or actions, other than in connection with the operation of
46 a motor vehicle, taken during the course of those services, unless it is established that such
47 decisions or actions were grossly negligent, not made in good faith, or were made maliciously.
48 (2) A volunteer facilitator is immune from liability to the extent provided in Subsection
49 67-20-3 (4).
50 Section 3. Section 67-20-2 is amended to read:
51 67-20-2. Definitions.
52 As used in this chapter:
53 (1) "Agency" means:
54 (a) a department, institution, office, college, university, authority, division, board,
55 bureau, commission, council, or other agency of the state;
56 (b) a county, city, town, school district, or special improvement or taxing district; or
57 (c) any other political subdivision.

58 (2) "Compensatory service worker" means a person who performs a public service with
59 or without compensation for an agency as a condition or part of the person's:
60 (a) incarceration;
61 (b) plea;
62 (c) sentence;
63 (d) diversion;
64 (e) probation; or
65 (f) parole.
66 (3) (a) "Volunteer" means a person who donates service without pay or other
67 compensation except expenses actually and reasonably incurred as approved by the supervising
68 agency.
69 (b) "Volunteer" does not include:
70 (i) a person participating in human subjects research to the extent that the participation
71 is governed by federal law or regulation inconsistent with this chapter; or
72 (ii) a compensatory service worker.
73 (c) "Volunteer" includes a juror or potential juror appearing in response to a summons
74 for a trial jury or grand jury.
75 (4) "Volunteer facilitator" means a business or nonprofit organization that, from
76 individuals who have a relationship with the business or nonprofit organization, such as
77 membership or employment, provides volunteers to an agency or facilitates volunteers
78 volunteering with an agency.
79 [(4)] (5) "Volunteer safety officer" means an individual who:
80 (a) provides services as a volunteer under the supervision of an agency; and
81 (b) at the time the individual provides the services to the supervising agency described
82 in Subsection [(4)] (5)(a), the individual is:
83 (i) exercising peace officer authority as provided in Section 53-13-102 ; or
84 (ii) if the supervising agency described in Subsection [(4)] (5)(a) is a fire department:
85 (A) on the rolls of the supervising agency as a firefighter;

86 (B) not regularly employed as a firefighter by the supervising agency; and
87 (C) acting in a capacity that includes the responsibility for the extinguishment of fire.
88 [(5)] (6) "Volunteer search and rescue team member" means an individual who:
89 (a) provides services as a volunteer under the supervision of a county sheriff; and
90 (b) at the time the individual provides the services to the county sheriff described in
91 Subsection [(5)] (6)(a), is:
92 (i) certified as a member of the county sheriff's search and rescue team; and
93 (ii) acting in the capacity of a member of the search and rescue team of the supervising
94 county sheriff.
95 Section 4. Section 67-20-3 is amended to read:
96 67-20-3. Purposes for which a volunteer is considered a government employee --
97 Limitations of liability for volunteer facilitators.
98 (1) Except as provided in Subsection (2) or (3), a volunteer is considered a government
99 employee for purposes of:
100 (a) receiving workers' compensation medical benefits, which shall be the exclusive
101 remedy for all injuries and occupational diseases as provided under Title 34A, Chapter 2,
102 Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act;
103 (b) the operation of a motor vehicle or equipment if the volunteer is properly licensed
104 and authorized to do so; and
105 (c) liability protection and indemnification normally afforded paid a government
106 employee.
107 (2) (a) A supervising agency shall provide workers' compensation benefits for a
108 volunteer safety officer as provided in Section 67-20-7 .
109 (b) A volunteer safety officer is considered an employee of the supervising agency of
110 the volunteer safety officer for purposes of Subsections (1)(b) and (c).
111 (3) (a) The county of a county sheriff that certifies and supervises a volunteer search
112 and rescue team member shall provide workers' compensation benefits for the volunteer search
113 and rescue team member as provided in Section 67-20-7.5 .

114 (b) For purposes of Subsections (1)(b) and (c), a volunteer search and rescue team
115 member is considered an employee of the county of the county sheriff that certifies and
116 supervises the volunteer search and rescue team member.
117 (4) A volunteer facilitator is immune from liability for damages or injuries arising out
118 of or related to the volunteer service of a volunteer provided by the volunteer facilitator to an
119 agency, unless:
120 (a) an action or omission of the volunteer facilitator is grossly negligent, not made in
121 good faith, or made maliciously, and causes harm to a person or property; or
122 (b) the volunteer facilitator fails to exercise due diligence in determining the fitness of
123 a volunteer to provide voluntary service to the agency under circumstances that make the
124 volunteer facilitator's failure to exercise due diligence grossly negligent, not in good faith, or
125 malicious.

[Bill Documents]