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SENATE BILL NO. 1109
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S1109.......................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law to provide that a volunteer of
a sheriff's office or department shall be deemed an employee for the
purposes of worker's compensation coverage.
02/11 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1109
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-205, IDAHO CODE, TO
3 PROVIDE THAT A VOLUNTEER OF A SHERIFF'S OFFICE OR DEPARTMENT SHALL BE
4 DEEMED AN EMPLOYEE FOR PURPOSES OF WORKER'S COMPENSATION COVERAGE AND TO
5 MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 72-205, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 72-205. PUBLIC EMPLOYMENT GENERALLY -- COVERAGE. The following shall con-
10 stitute employees in public employment and their employers subject to the pro-
11 visions of this law:
12 (1) Every person in the service of the state or of any political subdivi-
13 sion thereof, under any contract of hire, express or implied, and every offi-
14 cial or officer thereof, whether elected or appointed, while performing his
15 official duties, except officials of athletic contests involving secondary
16 schools, as defined by section 33-119, Idaho Code.
17 (2) Every person in the service of a county, city, or any political sub-
18 division thereof, or of any municipal corporation.
19 (3) Participants in the Idaho youth conservation project under the super-
20 vision of the Idaho state forester.
21 (4) Every person who is a member of a volunteer fire or police
22 department, or who is a volunteer of a sheriff's office or department, shall
23 be deemed, for the purposes of this law, to be in the employment of the polit-
24 ical subdivision or municipality where the office or department is organized.
25 (5) Every person who is a regularly enrolled volunteer member or trainee
26 of the department of disaster and civil defense, or of a civil defense corps,
27 shall be deemed, for the purposes of this law, to be in the employment of the
29 (6) Members of the Idaho national guard while on duty and employees of or
30 persons providing voluntary service to an approved Idaho national guard
31 morale, welfare, and recreational activity. No Idaho compensation benefits
32 shall inure to any such member, employee or volunteer or their beneficiaries
33 for any injury or death compensible compensable under federal law.
34 (7) A community service worker, as that term is defined in section
35 72-102, Idaho Code, is considered to be an employee in public employment for
36 purposes of receiving workmen's worker's compensation benefits, which shall be
37 the community service worker's exclusive remedy for all injuries and occupa-
38 tional diseases as provided under chapters 1 through 8, title 72, Idaho Code.
39 (8) Every person who participates in a youth employment program funded in
40 whole or in part by state or federal money and administered by a state or fed-
41 eral agency or a nonprofit corporation or entity.
42 ( 89) A work experience student, as that term is defined in section
43 72-102, Idaho Code, who does not receive wages while participating in the
1 school's work experience program shall be covered by the school district's
2 policy with the state insurance fund.
STATEMENT OF PURPOSE
The purpose of this proposal is to add volunteers of a sheriff's
office or department to the list of volunteers deemed to be employees
for purposes of worker s compensation coverage. This change in code
reflects what may be occurring in practice across the state. This bill
would clarify the law.
There is no fiscal impact to the state general fund. There may be an
increased cost to counties whose Sheriff utilizes volunteers for jobs
like Search and Rescue. However, several counties indicate that this
code change is already actual practice in which case there would be no
Name: Sen. Shawn Keough
Mike Nielsen, Team Leader
Priest Lake Search and Rescue
STATEMENT OF PURPOSE/FISCAL NOTE S 1109