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HOUSE BILL No. 1301

Citations Affected: IC 22-3-2-2.1; IC 36-8-3-20.

Synopsis: Disability benefits for volunteers. Provides that a rostered volunteer of a county, municipality, or township, including a police reserve officer, is covered by the provisions of the worker's compensation and occupational disease law. Provides that for purposes of computing compensation under the worker's compensation and occupational disease law, the average weekly wage of a rostered volunteer is: (1) the compensation paid to the specific employee whose job duties the rostered volunteer was performing at the time of the injury, death, or disablement; or (2) the compensation paid to the lowest paid employee of the county, municipality, or township, if the rostered volunteer was not performing job duties in place of a specific employee at the time of the injury, death, or disablement.

Effective: July 1, 2013.

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VanDenburgh

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    January 14, 2013, read first time and referred to Committee on Employment, Labor and Pensions.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

SOURCE: IC 22-3-2-2.1; (13)IN1301.1.1. -->     SECTION 1. IC 22-3-2-2.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.1. (a) As used in this section, "rostered volunteer" means a volunteer:
        (1) whose name has been entered on a roster of volunteers for a volunteer program operated by a unit; and
        (2) who has been approved by the proper authorities of the unit.
The term does not include a volunteer firefighter (as defined in IC 36-8-12-2) or an inmate assigned to a correctional facility operated by the state or a unit.
    (b) As used in this section, "unit" means a county, a municipality, or a township.
    (c) A rostered volunteer may be covered by the medical treatment The provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational disease law (IC 22-3-7) If compensability of an injury is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-7 apply as appropriate. apply to a rostered volunteer.

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    (d) For purposes of computing compensation under IC 22-3-2 through IC 22-3-7, the average weekly wage of a rostered volunteer is one (1) of the following amounts:
        (1) For a rostered volunteer who at the time of the injury, death, or disablement was performing job duties in place of a specific employee, the compensation paid to the specific employee.
        (2) For a rostered volunteer who at the time of the injury, death, or disablement was not performing job duties in place of a specific employee, the compensation paid to the lowest paid employee of the unit.
    (d) (e) All expenses incurred for premiums of the insurance allowed or other charges or expenses under this section shall be paid out of the unit's general fund in the same manner as other expenses of the unit are paid.

SOURCE: IC 36-8-3-20; (13)IN1301.1.2. -->     SECTION 2. IC 36-8-3-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 20. (a) This section applies to counties and towns as well as cities.
    (b) A unit may provide by ordinance for any number of police reserve officers.
    (c) Police reserve officers shall be appointed by the same authority that appoints regular members of the department.
    (d) Police reserve officers may be designated by another name specified by ordinance.
    (e) Police reserve officers may not be members of the regular police department but have all of the same police powers as regular members, except as limited by the rules of the department. Each department may adopt rules to limit the authority of police reserve officers.
    (f) To the extent that money is appropriated for a purpose listed in this subsection, police reserve officers may receive any of the following:
        (1) A uniform allowance.
        (2) Compensation for time lost from other employment because of court appearances.
        (3) Insurance for life, accident, and sickness coverage.
        (4) In the case of county police reserve officers, compensation for lake patrol duties that the county sheriff assigns and approves for compensation.
    (g) Police reserve officers are not eligible to participate in any pension program provided for regular members of the department.
    (h) A police reserve officer may not be appointed until he the officer has completed the training and probationary period specified by

rules of the department.
    (i) A police reserve officer appointed by the department after June 30, 1993, may not:
        (1) make an arrest;
        (2) conduct a search or a seizure of a person or property; or
        (3) carry a firearm;
unless the police reserve officer successfully completes a pre-basic course under IC 5-2-1-9(f).
    (j) A police reserve officer may be covered by The medical treatment and burial expense provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7) If compensability of the injury is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 shall be used to determine the issue. apply to a police reserve officer as a rostered volunteer under IC 22-3-2-2.1.
    (k) A police reserve officer carrying out lake patrol duties under this chapter is immune from liability under IC 34-30-12, notwithstanding the payment of compensation to the officer.