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7 LONG TITLE
8 General Description:
9 This bill authorizes a contract between certain state entities for responding to an
10 emergency.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides that the Department of Emergency Management may contract with a
15 political subdivision for purposes of operating an emergency task force; and
16 ▸ provides that an individual who works for the emergency task for shall receive
17 payment and certain benefits.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 53-2a-1401, Utah Code Annotated 1953
25 53-2a-1402, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53-2a-1401 is enacted to read:
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30 53-2a-1401. Definitions.
31 As used in this part:
32 (1) "Active task force" means a task force placed at the direction, control, and funding
33 of the department, in accordance with an agreement entered into under this section, in response
34 to, or in anticipation of a disaster or emergency.
35 (2) "Department" means the Department of Emergency Management.
36 (3) "Sponsoring agency" means a political subdivision that has executed a
37 memorandum of understanding with the United States Department of Homeland Security to
38 organize a task force.
39 (4) "State employee" means a full-time, part-time, or temporary employee of:
40 (a) the state; or
41 (b) a political subdivision of the state, regardless of whether the employee is
42 performing duties in the political subdivision that employs the employee.
43 (5) "Task force" means a National Urban Search and Rescue Response System task
44 force established by the United States Department of Homeland Security under 44 C.F.R. Part
45 208.
46 Section 2. Section 53-2a-1402 is enacted to read:
47 53-2a-1402. Emergency task force agreement -- Creation -- Employment.
48 (1) (a) The department may enter into an agreement with a sponsoring agency to
49 establish terms and conditions that would apply if a task force organized by the sponsoring
50 agency becomes an active task force.
51 (b) If the department enters into an agreement described in Subsection (1)(a), the
52 agreement may allow the department to reimburse the sponsoring agency for:
53 (i) costs related to the operation of an active task force, as allowed under 44 C.F.R.
54 Part 208, at the rates proved under 44 C.F.R. Part 208;
55 (ii) payment for death, disability, or injury of an individual if the individual suffered
56 death, disability, or injury in the course of performing the individual's duties for the active task
57 force; and
58 (iii) payment to an individual serving on an active task force.
59 (2) While serving on an active task force:
60 (a) a state employee:
61 (i) has the same powers, duties, rights, privileges, and immunities that are incidental to
62 the state employee's employment; and
63 (ii) shall receive the same compensation and benefits that are incidental to the state
64 employee's employment; or
65 (b) an individual who is not a state employee shall:
66 (i) receive the same rights and immunities as a state employee serving in the same
67 position on an active task force; and
68 (ii) be considered a temporary employee of the state for purposes of:
69 (A) Title 34A, Chapter 2, Workers' Compensation Act; and
70 (B) Title 34A, Chapter 3, Utah Occupational Disease Act.