CHAPTER 284

(HB 1019)

Nonprofit corporate rural firefighters eligible for state workers compensation when working for the Department of Agriculture.

         ENTITLED, An Act to  make firefighters from nonprofit corporate rural fire departments eligible for state workers compensation when working for the Department of Agriculture.

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 is a member of any county, municipal, special purpose district, or township , or private nonprofit corporation operating as a fire department which that 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 secretary of agriculture or his the secretary's designee until the time the firefighter returns to the location from which the firefighter was originally dispatched by the secretary of agriculture or his the secretary's designee. 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.

     Signed February 3, 2005

_______________