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(Utah Code, 2006 Edition - as of 4th Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 67. Table of Contents]

(Title 67. State Officers and Employees )

Chapter 20. Volunteer Government Workers Act

67-20-1 Short title.
67-20-2 Definitions.
67-20-3 Purposes for which a volunteer is considered a government employee.
67-20-4 Approval of volunteer.
67-20-6 Workers' compensation medical benefits.
67-20-7 Workers' compensation benefits for a volunteer safety officer.
67-20-8 Volunteer experience credit.

67-20-1 Short title.

This chapter is known as the "Volunteer Government Workers Act."
    1986

67-20-2 Definitions.

As used in this chapter:

(1) "Agency" means:

(a) any department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;

(b) any county, city, town, school district, or special improvement or taxing district; or

(c) any other political subdivision.

(2) "Compensatory service worker" means:

(a) any person who has been convicted of a criminal offense;

(b) any youth who has been adjudged delinquent; or

(c) any person or youth who:

(i) has been diverted from the criminal or juvenile justice system; and

(ii) performs a public service for an agency as a condition of the person or youth's:

(A) sentence;

(B) diversion;

(C) probation; or

(D) parole.

(3) (a) "Volunteer" means any person who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency.

(b) "Volunteer" does not include:

(i) any person participating in human subjects research to the extent that the participation is governed by federal law or regulation inconsistent with this chapter; or

(ii) compensatory service workers.

(c) "Volunteer" includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury.

(4) "Volunteer safety officer" means an individual who:

(a) provides services as a volunteer under the supervision of an agency; and

(b) at the time the individual provides the services to the supervising agency described in Subsection (4)(a), the individual is:

(i) exercising peace officer authority as provided in Section 53-13-102 ; or

(ii) if the supervising agency described in Subsection (4)(a) is a fire department:

(A) on the rolls of the supervising agency as a firefighter;

(B) not regularly employed as a firefighter by the supervising agency; and

(C) acting in a capacity that includes the responsibility for the extinguishment of fire.
    2002

67-20-3 Purposes for which a volunteer is considered a government employee.

(1) Except as provided in Subsection (2), a volunteer is considered a government employee for purposes of:

(a) receiving workers' compensation medical benefits, which shall be the exclusive remedy for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act;

(b) the operation of motor vehicles or equipment if the volunteer is properly licensed and authorized to do so; and

(c) liability protection and indemnification normally afforded paid government employees.

(2) (a) Notwithstanding Subsection (1)(a), a supervising agency shall provide workers' compensation benefits for a volunteer safety officer as provided in Section 67-20-7 .

(b) Notwithstanding Subsection (2)(a), a volunteer safety officer is considered an employee of the supervising agency of the volunteer safety officer for purposes of Subsections (1)(b) and (c).
    2002

67-20-4 Approval of volunteer.

A volunteer may not donate any service to an agency unless the volunteer's services are approved by the chief executive of that agency or his authorized representative, and by the office of personnel having jurisdiction over that agency.
    1983

67-20-6 Workers' compensation medical benefits.

A compensatory service worker is considered a government employee for purposes of receiving workers' compensation medical benefits, which shall be the exclusive remedy for all injuries and occupational diseases as provided under:

(1) Title 34A, Chapter 2, Workers' Compensation Act; and

(2) Title 34A, Chapter 3, Utah Occupational Disease Act.
    2002

67-20-7 Workers' compensation benefits for a volunteer safety officer.

(1) A volunteer safety officer is considered an employee of an agency that supervises the volunteer safety officer for the purpose of receiving workers' compensation benefits under:

(a) Title 34A, Chapter 2, Workers' Compensation Act; and

(b) Title 34A, Chapter 3, Utah Occupational Disease Act.

(2) (a) In accordance with Section 34A-2-105 , the workers' compensation benefits described in Subsection (1) are the exclusive remedy against the supervising agency, or an officer, agent, or employee of the supervising agency, for all injuries and occupational diseases resulting from the volunteer safety officer's services for the supervising agency as a volunteer safety officer.

(b) For purposes of Subsection (2)(a), the supervising agency for whom the volunteer safety officer provides services as a volunteer safety officer is considered an employer of the volunteer safety officer.

(3) To compute the workers' compensation benefits for a volunteer safety officer described in Subsection (1), the average weekly wage of the volunteer safety officer shall be the state's average weekly wage at the time of the industrial accident or occupational disease that is the basis for the volunteer safety officer's worker's compensation claim.
    2002

67-20-8 Volunteer experience credit.

(1) State agencies shall designate positions for which approved volunteer experience satisfies the job requirements for purposes of employment.

(2) When evaluating applicants for those designated positions, state agencies shall consider documented approved volunteer experience in the same manner as similar paid employment.

(3) The Department of Human Resource Management shall make statewide rules governing the:

(a) designation of volunteer positions; and

(b) a uniform process to document the approval, use, and hours worked by volunteers.
    2006

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