Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 268 Second Substitute (2018GS)

Sponsor

Rep. Perry, L.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• modifies provisions related to the requirements for a law enforcement officer to engage in off-duty employment; and
• makes technical changes.

Every vote on this bill

Bill text

OFF DUTY EMPLOYMENT OF LAW ENFORCEMENT
OFFICER
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions regarding law enforcement officers.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies provisions related to the requirements for a law enforcement officer to
engage in off-duty employment; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-13-114
, as last amended by Laws of Utah 2012, Chapter 196
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-13-114
 is amended to read:
53-13-114.
Off-duty peace officer working as a security officer.
(1) As used in this section:
(a) "Contract security company" means the same as that term is defined in Section
58-63-102
.
(b) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(c) "Off-duty employment" means the employment of a law enforcement officer while
off-duty as an off-duty law enforcement officer or as a security officer.
(d) (i) "Off-duty law enforcement officer" means a law enforcement officer who is
employed while off-duty to provide the services of a law enforcement officer.
(ii) "Off-duty law enforcement officer" includes any law enforcement officer who is
wearing the uniform of a law enforcement agency while engaging in off-duty employment.
(e) "Security officer" means a law enforcement officer who is employed while off-duty
to provide the services of a security officer as described in the definition of security officer in
Section 
58-63-102
.
(2)
 [
A peace
] 
A law enforcement
 officer may 
only
 engage in off-duty employment as a
security officer [
under Section 
58-63-304
 only
] 
or as an off-duty law enforcement officer
 if:
[
(1)
] 
(a) in accordance with Subsection (3),
 the law enforcement agency employing the
[
peace officer: (a)
] 
law enforcement officer
 has a written policy regarding [
peace
] 
a law
enforcement
 officer [
employees
] 
employee
 working while off-duty as [
security officers
] 
a
security officer or as an off-duty law enforcement officer
; and
[
(b) the policy under Subsection (1)(a) is:
]
[
(i) posted and publicly available on the appropriate city, county, or state website; or
]
[
(ii) posted on the Utah Public Notice Website created in Section 
63F-1-701
 if the law
enforcement agency does not have access to a website under Subsection (1)(b)(i).
]
[
(2) the agency's chief administrative officer, or that officer's designee, provides written
authorization for an off-duty peace officer to work as a security officer; and
]
[
(3) the business or entity employing the off-duty peace officer to work as a security
officer complies with state and federal income reporting and withholding requirements
regarding the off-duty officer's wages.
]
(b) in accordance with Subsection (4), the law enforcement officer or the law
enforcement agency that employs the law enforcement officer enters into a written employment
agreement with the contract security company or other business or entity providing the off-duty
employment.
(3) (a) A law enforcement agency's written policy regarding a law enforcement officer
employee working while off-duty as a security officer or as an off-duty law enforcement officer
shall include:
(i) the scope of the duties that may be provided while engaging in off-duty
employment;
(ii) when a law enforcement officer is authorized to wear the uniform of the law
enforcement agency or use other law enforcement agency equipment while engaging in
off-duty employment; and
(iii) the financial responsibility of the employing law enforcement agency and the
contract security company or other entity receiving the off-duty services of a law enforcement
officer working as an off-duty law enforcement officer or as a security officer.
(b) A law enforcement agency shall make a written policy regarding a law enforcement
office employee working while off-duty as a security officer or as an off-duty law enforcement
officer publically available on the:
(i) appropriate city, county, or state website; or
(ii) Utah Public Notice Website, created in Section 
63F-1-701
, if the law enforcement
agency does not have access to an appropriate city, county, or state website.
(4) A written employment agreement described in Subsection (2)(b) shall include:
(a) a general description of the off-duty services that will be provided by the law
enforcement officer engaging in off-duty employment;
(b) compensation rates for the law enforcement officer engaging in off-duty
employment;
(c) a description of whether the law enforcement officer engaging in off-duty
employment will wear the uniform of the law enforcement agency, a uniform provided by a
contract security company or other entity, or other clothing while working as a security officer
or off-duty law enforcement officer;
(d) a description of what law enforcement agency equipment may be used while the
law enforcement officer is engaged in off-duty employment; and
(e) a clear description of the law enforcement agency's and the contract security
company's or other entity's responsibility for:
(i) financial responsibility, including liability coverage; and
(ii) state and federal income reporting and withholding requirements regarding
compensation provided to a law enforcement officer engaging in off-duty employment.
(5) Unless the terms of a written employment agreement described in Subsections
(2)(b) and (4) state otherwise, whenever a law enforcement officer is engaged in off-duty
employment in accordance with this section, liability for the law enforcement officer is
presumed to lie with the law enforcement agency if:
(a) the law enforcement officer is working as an off-duty law enforcement officer; or
(b) the law enforcement officer, while engaged in off-duty employment as a security
officer, engages in actions beyond the scope of a security officer but within the scope of a law
enforcement officer.
Legislative Review Note
Office of Legislative Research and General Counsel