Utah Code 67-20-3. Purposes for which a volunteer is considered a government employee — Limitations of liability for volunteer facilitators
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(1) Except as provided in Subsection (2) or (3), a volunteer is considered a government employee for purposes of:
Terms Used In Utah Code 67-20-3
- Agency: means :(1)(a) a department, institution, office, college, university, authority, division, board, bureau, commission, council, or other agency of the state;(1)(b) a county, city, town, school district, or special improvement or taxing district; or(1)(c) any other political subdivision. See Utah Code 67-20-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Volunteer: includes a juror or potential juror appearing in response to a summons for a trial jury or grand jury. See Utah Code 67-20-2
- 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. See Utah Code 67-20-2
- Volunteer safety officer: means an individual who:
(10)(a) provides services as a volunteer under the supervision of an agency; and(10)(b) at the time the individual provides the services to the supervising agency described in Subsection (10)(a), the individual is:(10)(b)(i) exercising peace officer authority as provided in Section 53-13-102; or(10)(b)(ii) if the supervising agency described in Subsection (10)(a) is a fire department:(10)(b)(ii)(A) on the rolls of the supervising agency as a firefighter;(10)(b)(ii)(B) not regularly employed as a firefighter by the supervising agency; and(10)(b)(ii)(C) acting in a capacity that includes the responsibility for the extinguishment of fire. See Utah Code 67-20-2- Volunteer search and rescue team member: means an individual who:
(11)(a) provides services as a volunteer under the supervision of a county sheriff; and(11)(b) at the time the individual provides the services to the county sheriff described in Subsection (11)(a), is:(11)(b)(i) certified as a member of the county sheriff's search and rescue team; and(11)(b)(ii) acting in the capacity of a member of the search and rescue team of the supervising county sheriff. See Utah Code 67-20-2(1)(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;(1)(b) the operation of a motor vehicle or equipment if the volunteer is properly licensed and authorized to do so; and(1)(c) liability protection and indemnification normally afforded a paid government employee.(2)(2)(a) A supervising agency shall provide workers’ compensation benefits for a volunteer safety officer as provided in Section 67-20-7.(2)(b) 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).(3)(3)(a) The county of a county sheriff that certifies and supervises a volunteer search and rescue team member shall provide workers’ compensation benefits for the volunteer search and rescue team member as provided in Section 67-20-7.5.(3)(b) For purposes of Subsections (1)(b) and (c), a volunteer search and rescue team member is considered an employee of the county of the county sheriff that certifies and supervises the volunteer search and rescue team member.(4) A volunteer facilitator is immune from liability for damages or injuries arising out of or related to the volunteer service of a volunteer provided by the volunteer facilitator to an agency, unless:(4)(a) an action or omission of the volunteer facilitator is grossly negligent, not made in good faith, or made maliciously, and causes harm to a person or property; or(4)(b) the volunteer facilitator fails to exercise due diligence in determining the fitness of a volunteer to provide voluntary service to the agency under circumstances that make the volunteer facilitator’s failure to exercise due diligence grossly negligent, not in good faith, or malicious.