LEGISLATIVE GENERAL COUNSEL H.B. 368
6 Approved for Filing: T. Moore 6 1st Sub. (Buff)
6 02-22-24 8:04 AM 6
Representative Tyler Clancy proposes the following substitute bill:
1 PRESUMPTION OF WORKERS' COMPENSATION BENEFITS FOR
2 LAW ENFORCEMENT OFFICERS
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Tyler Clancy
6 Senate Sponsor: Michael S. Kennedy
7
8 LONG TITLE
9 General Description:
10 This bill enacts a chapter in Title 34, Labor in General, establishing a presumption of
11 workers' compensation benefits for law enforcement officers.
12 Highlighted Provisions:
13 This bill:
14 < defines terms;
15 < provides a rebuttable presumption that an injury arose out of and in the course of
16 employment if a law enforcement officer is injured while engaging in duties as a
17 law enforcement officer pursuant to the officer's employment; and
18 < addresses the date on which a cause of action is considered to arise.
19 Money Appropriated in this Bill:
20 None 1st Sub. H.B. 368
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 34-58-1, Utah Code Annotated 1953
*HB0368S01*
 1st Sub. (Buff) H.B. 368 02-22-24 8:04 AM
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 34-58-1 is enacted to read:
29 34-58-1. Presumption of workers' compensation benefits for law enforcement
30 officers.
31 (1) As used in this section:
32 (a) "Law enforcement agency" means an entity or division of any of the following that
33 exists primarily to prevent and detect crime and enforce criminal law:
34 (i) the state;
35 (ii) a political subdivision of the state; or
36 (iii) a private institution of higher education, if the entity or division is certified by the
37 commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency.
38 (2) "Law enforcement officer" means the same as that term is defined in Section
39 53-13-103.
40 (3) If a law enforcement officer is injured while engaging in duties as a law
41 enforcement officer pursuant to the officer's employment at a law enforcement agency, there is
42 a rebuttable presumption that the injury arose out of, and in the course of, employment.
43 (4) The presumption described in Subsection (2) may be rebutted by a preponderance
44 of the evidence.
45 (5) A cause of action subject to the presumption described in Subsection (2) is
46 considered to arise on the later of the date that the law enforcement officer:
47 (a) is injured; or
48 (b) knows, or in the exercise of reasonable diligence should have known, that the injury
49 arose out of, and in the course of, employment.
50 Section 2. Effective date.
51 This bill takes effect on May 1, 2024.
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