ENTITLED, An Act  to revise the eligibility for workers compensation to any person providing voluntary services to a fire department, ambulance service, or rescue squad and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 62-1-5 be amended to read as follows:
     62-1-5.   All persons providing voluntary service to a fire department, ambulance service, or rescue squad for any county, municipality, special purpose district, or township if regularly organized under the law shall be deemed employees of such county, municipality, special purpose district, or township while in the performance of their duties as members, if recommended by the person in charge to the governing body of such county, municipality, special purpose district, or township for membership and appointed by such governing body, and has not been removed by such governing body as members. For the purpose of computing compensation, the members shall be considered to be earning a wage that would entitle the members to the maximum compensation for death or injury allowable under this title. But in no event may payments to the members 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 may not be considered.
     Section  2.  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.
     Section  3.  Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

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An Act to revise the eligibility for workers compensation to any person providing voluntary services to a fire department, ambulance service, or rescue squad and to declare an emergency.

========================= I certify that the attached Act originated in the SENATE as Bill No. 127

____________________________
Secretary of the Senate

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____________________________
President of the Senate

Attest:

____________________________
Secretary of the Senate

____________________________
Speaker of the House

Attest:

____________________________
Chief Clerk

Senate Bill No. 127
File No. ____
Chapter No. ______     =========================
Received at this Executive Office this ____ day of _____________ ,

19___ at _____ M.

By _________________________
for the Governor

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The attached Act is hereby approved this ________ day of ______________ , A.D., 19___

____________________________
Governor

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STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________ , 19___
at _________ o'clock __ M.

____________________________
Secretary of State

By _________________________
Asst. Secretary of State