State of South Dakota
Representatives Lintz, McCoy, Napoli, Pederson (Gordon), Rhoden, and
Richter and Senators Vitter, Duxbury, Kleven, Putnam, and Reedy
FOR AN ACT ENTITLED, An Act to
revise the requirements for volunteer firefighters to
become eligible for workers' compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
Any firefighter who
has completed the wildland firefighter training course and
a member of any county, municipal, special purpose district, or township fire department which
has on file a cooperative fire suppression agreement with the South Dakota Department of
Agriculture, and has been approved by the governing body for assignment to the state, is eligible
for workers' compensation benefits from the state if injured during a period of time commencing
from the time dispatched by the state forester until the time the firefighter returns to the location
from which the firefighter was originally dispatched by the state forester. In the event of injury
or death, the firefighter shall, for the purpose of computing compensation, be considered to be
earning a wage that would entitle that person to the maximum compensation for death or injury
allowable under this title; but in no event may payments to any firefighter exceed the maximum
limitations for benefits as set out in this title.
For purposes of determining compensation any remuneration received by a member who
voluntarily serves the department may not be considered.
No firefighter under this section may be deemed a state employee for any purpose other than
eligibility to receive workers' compensation from the state under this section.