Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 76 First Substitute (2016GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/29/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides that volunteers are not employees for purposes of workers' compensation unless the nongovernment entity for which the volunteer provides services elects to cover the volunteer with workers' compensation coverage;
• clarifies the application of the exclusive remedy;
• provides how disability compensation is to be determined; and
• addresses how premiums are calculated.

Every vote on this bill

Bill text

WORKERS' COMPENSATION FOR VOLUNTEERS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
 Val L. Peterson
LONG TITLE
General Description:
This bill modifies the Workers' Compensation Act to address volunteers.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that volunteers are not employees for purposes of workers' compensation
unless the nongovernment entity for which the volunteer provides services elects to
cover the volunteer with workers' compensation coverage;
▸ clarifies the application of the exclusive remedy;
▸ provides how disability compensation is to be determined; and
▸ addresses how premiums are calculated.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
34A-2-104.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-2-104.5
 is enacted to read:
 34A-2-104.5.
Nongovernment entity volunteers.
(1) As used in this section:
(a) (i) "Intern" means a student or trainee who works without pay at a trade or
occupation in order to gain work experience.
(ii) Notwithstanding Subsection (1)(a)(i), "intern" does not include an intern described
in Section 
53A-29-103
 or 
53B-16-403
.
(b) "Nongovernment entity" means an entity or individual that:
(i) is an employer as provided in Section 
34A-2-103
; and
(ii) is not a government entity.
(c) "Utah minimum wage" means the highest wage designated as Utah's minimum
wage under Title 34, Chapter 40, Utah Minimum Wage Act.
(d) (i) "Volunteer" means an individual who donates service without pay or other
compensation except expenses actually and reasonably incurred as approved by the supervising
nongovernment entity.
(ii) "Volunteer" includes an intern of a nongovernment entity.
(iii) "Volunteer" does not include an individual participating in human subjects
research to the extent that the participation is governed by federal law or regulation inconsistent
with this chapter.
(2) A volunteer for a nongovernment entity is not an employee of the nongovernment
entity for purposes of this chapter and Chapter 3, Utah Occupational Disease Act, unless the
nongovernment entity elects in accordance with this section to provide coverage under this
chapter and Chapter 3, Utah Occupational Disease Act.
(3) (a) A nongovernment entity may elect to secure coverage for all of its volunteers by
obtaining coverage for the volunteers in accordance with Section 
34A-2-201
 under the same
policy it uses to cover its employees.
(b) If a nongovernment entity obtains coverage under Section 
34A-2-201
 for its
volunteers, for purposes of receiving benefits under this chapter and Chapter 3, Utah
Occupational Disease Act:
(i) a volunteer is considered an employee of the nongovernment entity; and
(ii) these benefits are the exclusive remedy of the volunteer in accordance with Section
34A-2-105
 for an industrial injury or disease covered by this chapter and Chapter 3, Utah
Occupational Disease Act.
(4) A nongovernment entity shall keep sufficient records of the nongovernment entity's
volunteers and the volunteers' duties to determine compliance with this section.
(5) To compute the disability compensation benefits under Subsection (3), the average
weekly wage of the nongovernment volunteer shall be assumed to be the Utah minimum wage
at the time of the industrial accident or occupational disease that is the basis for the
nongovernment entity's volunteer's workers' compensation claim.
(6) A workers' compensation insurer shall calculate the premium for a nongovernment
entity's volunteer on the basis of the Utah minimum wage on the actual hours the volunteer
provides service to the nongovernment entity, except that a workers' compensation insurer may
assume 30 hours worked per week if the nongovernment entity does not provide a record of
actual hours worked. The imputed wages shall be assigned to the class code on the policy that
best describes the volunteer's duties.
Legislative Review Note
Office of Legislative Research and General Counsel