FOR AN ACT 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.   Volunteer firefighters of any fire department of 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 of such department , if duly recommended by the fire chief of such department person in charge to the governing body of such county, municipality , special purpose district, or township for membership in such department, and duly and appointed thereto by such governing body, and has not thereafter duly been removed by such governing body as members of such department; and for . For the purpose of computing

compensation, said firefighters the members shall be considered to be earning a wage that would entitle them the members to the maximum compensation for death or injury allowable under this title. But in no event shall may payments to volunteer firefighters 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 Division of Forestry 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, Division of Forestry, 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 discharged 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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BILL HISTORY
1/24/97 First read in Senate and referred to State Affairs.   S.J.   158
1/29/97 Scheduled for Committee hearing on this date.
1/29/97 State Affairs Do Pass Amended, Passed, AYES 8, NAYS 0.   S.J.   205
1/31/97 Senate Do Pass Amended, Passed, AYES 33, NAYS 0.   S.J.   267
2/3/97 First read in House and referred to Judiciary.   H.J.   279
2/21/97 Scheduled for Committee hearing on this date.
2/21/97 Judiciary Do Pass, Passed, AYES 12, NAYS 0.   H.J.   626
2/21/97 Judiciary Place on Consent Calendar.   H.J.   626
2/24/97 House of Representatives Do Pass, Passed, AYES 68, NAYS 1.   H.J.   648
2/26/97 Signed by Speaker.   H.J.   739
2/26/97 Signed by President.   S.J.   674
2/28/97 Delivered to the Governor.   S.J.   704
3/5/97 Vetoed by Governor.   S.J.   798
3/5/97 Senate Vetoed for style and form Passed, AYES 33, NAYS 0.   S.J.   800
3/6/97 House of Representatives Vetoed for style and form, AYES 65, NAYS 0.