Chief Sponsor: Daniel W. Thatcher

House Sponsor: Paul Ray


8     Committee Note:
9          The Government Operations Interim Committee recommended this bill.
10               Legislative Vote:     15 voting for     0 voting against     1 absent
11     General Description:
12          This bill authorizes a contract between certain state entities for responding to an
13     emergency.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     provides that the Division of Emergency Management may contract with a political
18     subdivision for purposes of operating an emergency task force; and
19          ▸     provides that an individual who works for the emergency task force shall receive
20     payment and certain benefits.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          53-2a-1401, Utah Code Annotated 1953

28          53-2a-1402, Utah Code Annotated 1953

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53-2a-1401 is enacted to read:
Part 14. Emergency Task Force

33          53-2a-1401. Definitions.
34          As used in this part:
35          (1) "Active task force" means a task force placed at the direction, control, and funding
36     of the division, in accordance with an agreement entered into under this section, in response to,
37     or in anticipation of a disaster or emergency.
38          (2) "Division" means the Division of Emergency Management.
39          (3) "Sponsoring agency" means a political subdivision that executes a memorandum of
40     understanding with the United States Department of Homeland Security to organize a task
41     force.
42          (4) "State employee" means a full-time, part-time, or temporary employee of:
43          (a) the state; or
44          (b) a political subdivision of the state, regardless of whether the employee is
45     performing duties in the political subdivision that employs the employee.
46          (5) "Task force" means a National Urban Search and Rescue Response System task
47     force established by the United States Department of Homeland Security under 44 C.F.R. Part
48     208.
49          Section 2. Section 53-2a-1402 is enacted to read:
50          53-2a-1402. Emergency task force agreement -- Creation -- Employment.
51          (1) (a) The division may enter into an agreement with a sponsoring agency to establish
52     terms and conditions that apply if a task force organized by the sponsoring agency becomes an
53     active task force.
54          (b) If the division enters into an agreement described in Subsection (1)(a), the
55     agreement may allow the division to reimburse the sponsoring agency for:
56          (i) costs related to the operation of an active task force, as allowed under 44 C.F.R.
57     Part 208, at the rates provided under 44 C.F.R. Part 208;
58          (ii) payment for death, disability, or injury of an individual if the individual suffers

59     death, disability, or injury in the course of performing the individual's duties for the active task
60     force; and
61          (iii) payment to an individual serving on an active task force.
62          (2) While serving on an active task force:
63          (a) a state employee:
64          (i) has the same powers, duties, rights, privileges, and immunities that are incidental to
65     the state employee's employment; and
66          (ii) shall receive the same compensation and benefits that are incidental to the state
67     employee's employment; and
68          (b) an individual who is not a state employee shall:
69          (i) receive the same rights and immunities as a state employee serving in the same
70     position on an active task force; and
71          (ii) be considered a temporary employee of the state for purposes of:
72          (A) Title 34A, Chapter 2, Workers' Compensation Act; and
73          (B) Title 34A, Chapter 3, Utah Occupational Disease Act.