2016 North Dakota Century Code Title 65 Workforce Safety and Insurance Chapter 65-06 Volunteer Emergency Responders
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CHAPTER 65-06
VOLUNTEER EMERGENCY RESPONDERS
65-06-01. Volunteer firefighter, emergency or disaster volunteer, community
emergency response team member, in training defined.
The term "volunteer firefighter" means any active member of an organized volunteer fire
department of this state and any other individual performing services as a volunteer firefighter
for a municipality at the request of the chief or other individual in command of the fire
department of that municipality or of any other officer of that municipality having authority to
demand service as a firefighter. Firefighters who are paid a regular wage or stipend by the
municipality for serving as a firefighter, or whose entire time is devoted to service as a firefighter
for the municipality, for the purpose of this chapter, are not volunteer firefighters.
The term "emergency or disaster volunteer" means any individual serving without
remuneration who is actively engaged in training to qualify as a disaster emergency worker or is
responding to a hazard, emergency disaster, or enemy attack on this country, and who is
registered with the disaster emergency organization of a municipality, which has been officially
recognized by the director of the state division of homeland security.
The term "in training" means only those periods of time, during which an emergency or
disaster volunteer is receiving instruction, or is engaged in exercises or operations, in
preparation for qualification as a disaster emergency worker in the event of a hazard,
emergency, disaster, or enemy attack on this country.
The term "community emergency response team member" means an individual registered
as a community emergency response team member with the appropriate authority. For
purposes of this chapter, a community emergency response team member is acting as a
community emergency response team member only when the individual is receiving approved
community emergency response team training or is acting as a member of a community
emergency response team in an emergency or disaster.
Upon request of the organization, the disaster emergency organization of a municipality
shall provide the organization with its roster of registered community emergency response team
members.
The term "municipality" when used in reference to emergency or disaster volunteer means
the state, cities, counties, municipalities, districts, or any other geographical entity of this state.
This definition is not in any way intended to alter any interpretation or ruling in regard to the use
of the term municipality when used in reference to volunteer firefighters.
65-06-02. Volunteer firefighter, emergency or disaster volunteer, and community
emergency response team member declared employees - Covered by workforce safety
and insurance - Termination.
Volunteer firefighters, emergency or disaster volunteers, and community emergency
response team members are employees of the municipalities which they serve and are entitled
to the same protection and rights under the provisions of this title as are full-time paid
employees of those municipalities.
65-06-02.1. Uniform Emergency Volunteer Health Practitioners Act - Health
practitioners.
A volunteer health practitioner under subsection 2 of section 37-17.4-11 is eligible for
benefits as provided under this chapter.
65-06-03. Compensation benefits - How determined.
The basis of compensation and benefits to be paid to a volunteer firefighter, an emergency
or disaster volunteer, volunteer health practitioner, or a community emergency response team
member under the terms of this chapter shall be determined in accordance with the provisions
of section 65-05-09; provided, however, that the average weekly wage of the claimant shall be
determined from a computation of income derived from the claimant's business or employment
for which coverage is required or otherwise secured at the date of first disability.
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65-06-04. Assessment of premiums.
For the purpose of making assessments of premiums to be charged against municipalities
for protection of volunteer firefighters, emergency or disaster volunteers, volunteer health
practitioners, and community emergency response team members, the organization shall make
such survey as may seem advisable to ascertain the probable annual expenditures necessary
to be paid out of the fund to carry out this chapter, and shall fix the annual charges and
assessments which must be made against municipalities employing volunteer firefighters,
emergency or disaster volunteers, volunteer health practitioners, and community emergency
response team members. The charge must be a fixed sum for each one hundred of the
population of the municipality involved and uniform as to all such involved municipalities but in
proportion to the population of the municipality. In determining the amount of premium charge,
the organization may apply the system of experience rating provided in this title, as applied to
other risks. The organization may establish a minimum charge or assessment to be applicable
to any municipality for which the fixed rate or charge multiplied by the number of hundreds of
the population of the municipality would amount to less than the amount of the minimum charge
or assessment. The population of a municipality shall be that shown by the latest official North
Dakota state or United States government census, whichever may be the later.
65-06-05. Reimbursement by state for liability in excess of premiums collected.
Whenever liability on claims against the fund credited to the classification of emergency or
disaster volunteers and trainees or volunteer health practitioners as defined under chapter
37-17.4 exceeds the amount of premiums paid into the fund, such excess liabilities are a
general obligation of the state of North Dakota and must be reimbursed to the organization for
credit to the workforce safety and insurance fund by legislative appropriation.
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