§ 53-2a-221 — State and local disaster response personnel.

(1) As used in this section:

(1)(a) "Local disaster response personnel" means a local government employee who, in accordance with this section, is reassigned duties in order to respond to a disaster.
(1)(b) "Local government" means a municipality or county.
(1)(c) "State agency" means any department or unit of Utah state government with authority to employ personnel.
(1)(d) "State disaster response personnel" means an employee of a state agency or local government who, in accordance with this section, is reassigned duties in order to respond to a disaster.
(2) (2)(a) If the governor declares a state of emergency under Section 53-2a-206, an employee of a state agency is, subject to Subsection (6), a state disaster response personnel for the duration of the declared state of emergency.
(2)(b) If a chief executive officer of a municipality or county declares a local emergency under Section 53-2a-208, an employee of the municipality or county, respectively, is, subject to Subsection (6), a local disaster response personnel for the duration of the declared state of emergency.
(3) (3)(a) During a state emergency, a state disaster response personnel shall perform duties as assigned in accordance with an emergency operations plan adopted by the division under Section 53-2a-104.
(3)(b) During a local emergency, a local disaster response personnel shall perform duties as assigned in accordance with an emergency operations plan adopted by a county or municipality under Section 53-2a-1403.
(4) After a declaration of emergency as described in Subsection (2)(a) or (2)(b), the governor or chief officer may activate state or local disaster response personnel to report to work immediately.
(5) (5)(a) Notwithstanding Subsection (4), a state or local disaster response personnel may check on the security of the state or local disaster response personnel's immediate family before reporting to work.
(5)(b) A plan described in Subsection (3)(a) or (3)(b) shall exempt a state agency or local government employee from acting as a state or local disaster response personnel, respectively, if:
(5)(b)(i) the employee's immediate family is in imminent danger because of the disaster; or
(5)(b)(ii) the employee's health precludes the employee from performing the duties otherwise assigned to that employee in accordance with the plan.
(5)(c) An employee described in Subsection (5)(b)(i) or (5)(b)(ii) is exempt only for the duration of the time the employee's immediate family is in imminent danger or the underlying cause of the employee's health concern exists.
(6) An employee shall perform his or her assigned state or local disaster response personnel duties only for the duration of the declared state or local emergency, respectively, or until the disaster response duties are no longer needed, whichever occurs first.
(7) A state or local disaster response personnel may not be assigned to perform duties:

(7)(a) that are technical in nature unless the state or local disaster response personnel is trained to perform those duties; or
(7)(b) that the state or local disaster response personnel is physically not capable of performing.
(8) A state or local disaster response personnel may be relocated as necessary to respond to the disaster but only for the duration of the declared emergency.
(9) A state agency or local government:

(9)(a) may not decrease a state or local disaster response personnel's pay only because the state or local disaster response personnel is performing duties as assigned during the emergency;
(9)(b) at the state agency's or local government's discretion, may increase a state or local disaster response personnel's pay; and
(9)(c) shall reimburse a state or local disaster response personnel for incidentals incurred, including any relocation expenses, while the employee is performing his or her duties as a state or local disaster response personnel.

Legislative History

Enacted by Chapter 38, 2022 General Session