2005 Legislation
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SENATE BILL NO. 1109 – Workers comp/sheriff office voluntr

SENATE BILL NO. 1109

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
 28    state.
 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
                                                                        
                                           2
                                                                        
  1    school's work experience program shall be covered  by  the  school  district's
  2    policy with the state insurance fund.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 14840

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.


                           FISCAL NOTE

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
additional cost.


Contact:
Name:   Sen. Shawn Keough
Phone:  332-1000
        Mike Nielsen, Team Leader
        Priest Lake Search and Rescue
        443-6603


STATEMENT OF PURPOSE/FISCAL NOTE                S 1109