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State of South Dakota  
SEVENTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY,  2001
 

654E0754  
HOUSE BILL   NO.     1247  

        Introduced by: 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:
     Section  1.  That § 62-1-5.2 be amended to read as follows:
     62-1-5.2.   Any firefighter who has completed the wildland firefighter training course and is 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.