Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 11
             VOLUNTEER GOVERNMENT WORKERS AMENDMENTS
                                       2023 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: James A. Dunnigan
                                Senate Sponsor: David P. Hinkins
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 LONG TITLE
 General Description:
        This bill amends provisions of the Volunteer Government Workers Act.
 Highlighted Provisions:
        This bill:
        < defines terms; and
        < amends the definition of a volunteer to describe the fees, expenses, and other
 benefits that may be provided to a volunteer.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        34A-3-113, last amended by Laws of Utah 2022, Chapter 346
        67-20-2, last amended by Laws of Utah 2022, Chapters 346, 347 and last amended by
 Coordination Clause, Laws of Utah 2022, Chapter 347
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 34A-3-113 is amended to read:
        34A-3-113. Presumption of workers' compensation benefits for firefighters.
        (1) As used in this section:
        (a) (i) "Firefighter" means a member, including a volunteer member, as described in
       H.B. 11                                                                         Enrolled Copy
 Subsection [67-20-2(7)(b)(ii)] 67-20-2(10)(b)(ii), or a member paid on call, of a fire
 department or other organization that provides fire suppression and other fire-related service
 who is responsible for or is in a capacity that includes responsibility for the extinguishment of
 fires.
          (ii) "Firefighter" does not include a person whose job description, duties, or
 responsibilities do not include direct involvement in fire suppression.
          (b) "Presumptive cancer" means one or more of the following cancers:
          (i) pharynx;
          (ii) esophagus;
          (iii) lung; and
          (iv) mesothelioma.
          (2) If a firefighter who contracts a presumptive cancer meets the requirements of
 Subsection (3), there is a rebuttable presumption that:
          (a) the presumptive cancer was contracted arising out of and in the course of
 employment; and
          (b) the presumptive cancer was not contracted by a willful act of the firefighter.
          (3) To be entitled to the rebuttable presumption described in Subsection (2):
          (a) during the time of employment as a firefighter, the firefighter undergoes annual
 physical examinations;
          (b) the firefighter shall have been employed as a firefighter for eight years or more and
 regularly responded to firefighting or emergency calls within the eight-year period; and
          (c) if a firefighter has used tobacco, the firefighter provides documentation from a
 physician that indicates that the firefighter has not used tobacco for the eight years preceding
 reporting the presumptive cancer to the employer or division.
          (4) A presumption established under this section may be rebutted by a preponderance
 of the evidence.
          (5) If a firefighter who contracts a presumptive cancer is employed as a firefighter by
 more than one employer and qualifies for the presumption under Subsection (2), and that
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      Enrolled Copy                                                                              H.B. 11
 presumption has not been rebutted, the employer and insurer at the time of the last substantial
 exposure to risk of the presumptive cancer are liable under this chapter pursuant to Section
 34A-3-105.
        (6) A cause of action subject to the presumption under this section is considered to
 arise on the date after May 12, 2015, that the employee:
        (a) suffers disability from the occupational disease;
        (b) knows, or in the exercise of reasonable diligence should have known, that the
 occupational disease is caused by employment; and
        (c) files a claim as provided in Section 34A-3-108.
        Section 2. Section 67-20-2 is amended to read:
        67-20-2. Definitions.
        As used in this chapter:
        (1) "Agency" means:
        (a) a department, institution, office, college, university, authority, division, board,
 bureau, commission, council, or other agency of the state;
        (b) a county, city, town, school district, or special improvement or taxing district; or
        (c) any other political subdivision.
        (2) "Compensatory service worker" means a person who performs a public service with
 or without compensation for an agency as a condition or part of the person's:
        (a) incarceration;
        (b) plea;
        (c) sentence;
        (d) diversion;
        (e) probation; or
        (f) parole.
        (3) "Emergency medical service volunteer" means an individual who:
        (a) provides services as a volunteer under the supervision of a supervising agency or
 government officer; and
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        H.B. 11                                                                          Enrolled Copy
         (b) at the time the individual provides the services described in Subsection (3)(a), is:
         (i) an emergency medical technician volunteer, a paramedic volunteer, an ambulance
 volunteer, a volunteer firefighter, or another volunteer provider of emergency medical services;
 and
         (ii) acting in the capacity of a volunteer described in Subsection (3)(b)(i).
         (4) "FLSA aggregate amount" means, except as otherwise required by the United States
 Department of Labor, the aggregate amount of nominal fees that a supervising agency may pay
 a volunteer, generally not exceeding 20% of the total compensation that the supervising agency
 would pay a full-time employee providing the same services as the volunteer.
         [(4)] (5) "IRS aggregate amount" means the fixed or determinable income aggregate
 amount described in 26 C.F.R. Sec. 1.6041-1(a)(1)(i)(A).
         (6) "Nominal fee" means a fee described in 29 C.F.R. Sec. 553.106(e).
         (7) "Reasonable benefits" includes, in accordance with 29 C.F.R. Sec. 553.106,
 liability insurance, health insurance, life insurance, disability insurance, workers'
 compensation, a pension plan, a length of service award, personal property tax relief, and utility
 bill discounts or credits.
         [(5)] (8) (a) "Volunteer" means an individual who donates service without pay or other
 compensation except the following, as approved by the supervising agency:
         (i) expenses actually and reasonably incurred;
         (ii) a stipend for future higher education expenses, awarded from the National Service
 Trust under 45 C.F.R. Secs. 2526.10 and 2527.10;
         (iii) costs for attending classes, conferences, or association meetings related to services
 provided by a volunteer, including:
         (A) tuition;
         (B) costs for books, supplies, or other training materials; and
         (C) travel, housing, and meals, in accordance with travel policies of the supervising
 agency;
         [(iii)] (iv) a [stipend,] nominal fee below the FLSA aggregate amount for a volunteer
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        Enrolled Copy                                                                           H.B. 11
 described in 29 C.F.R. Sec. 553.106, or a stipend below the IRS aggregate amount for all other
 volunteers, for:
        (A) emergency volunteers, including emergency medical service volunteers, volunteer
 safety officers, and volunteer search and rescue team members; or
        (B) non-emergency volunteers, including senior program volunteers and community
 event volunteers;
        (v) as it relates to a volunteer described in 29 C.F.R. Sec. 553.106, reasonable benefits;
        [(iv)] (vi) (A) health benefits provided through the supervising agency; or
        (B) for a volunteer who participates in the Volunteer Emergency Medical Service
 Personnel Health Insurance Program described in Section 26-8a-603, health insurance provided
 through the program[.];
        [(v)] (vii) passthrough stipends or other compensation provided to volunteers through a
 federal or state program, including Americorp Seniors volunteers, consistent with 42 U.S.C.
 Sec. 5058;
        [(vi)] (viii) stipends or other compensation, below the IRS aggregate amount, provided
 to volunteers from any person;
        [(vii)] (ix) uniforms, identification, personal protective equipment, or safety equipment
 used by a volunteer only while volunteering for the supervising [entity] agency;
        [(viii)] (x) a nonpecuniary item not exceeding $50 in value;
        [(ix)] (xi) nonpecuniary items, below the IRS aggregate amount, donated to the
 supervising agency with the express intent of benefitting a volunteer; [or]
        [(x)] (xii) [meals or] gifts, not exceeding $50 in value, provided as part of a volunteers
 appreciation event by the [volunteering] supervising agency[.]; or
        (xiii) meals, not exceeding a value of $50 per person based on anticipated attendance,
 provided to a volunteer by the supervising agency:
        (A) as part of a volunteer appreciation event; or
        (B) while the volunteer is engaged in providing volunteer service.
        (b) "Volunteer" does not include:
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        H.B. 11                                                                          Enrolled Copy
         (i) a 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) a compensatory service worker.
         (c) "Volunteer" includes a juror or potential juror appearing in response to a summons
 for a trial jury or grand jury.
         [(6)] (9) "Volunteer facilitator" means a business or nonprofit organization that, from
 individuals who have a relationship with the business or nonprofit organization, such as
 membership or employment, provides volunteers to an agency or facilitates volunteers
 volunteering with an agency.
         [(7)] (10) "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 [(7)(a)] (10)(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 [(7)(a)] (10)(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.
         [(8)] (11) "Volunteer search and rescue team member" means an individual who:
         (a) provides services as a volunteer under the supervision of a county sheriff; and
         (b) at the time the individual provides the services to the county sheriff described in
 Subsection [(8)(a)] (11)(a), is:
         (i) certified as a member of the county sheriff's search and rescue team; and
         (ii) acting in the capacity of a member of the search and rescue team of the supervising
 county sheriff.
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Statutes affected: 
Introduced: 34A-3-113, 67-20-2
Enrolled: 34A-3-113, 67-20-2