65-06 Volunteer Firemen

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CHAPTER 65-06VOLUNTEER FIREMEN65-06-01.Volunteer firefighter, emergency or disaster volunteer, communityemergency response team member, in training defined.The term &quot;volunteer firefighter&quot;means any active member of an organized volunteer fire department of this state and any other<br>individual performing services as a volunteer firefighter for a municipality at the request of the<br>chief or other individual in command of the fire department of that municipality or of any other<br>officer of that municipality having authority to demand service as a firefighter. Firefighters who<br>are paid a regular wage or stipend by the municipality for serving as a firefighter, or whose entire<br>time is devoted to service as a firefighter for the municipality, for the purpose of this chapter, are<br>not volunteer firefighters.The term &quot;emergency or disaster volunteer&quot; means any individual serving withoutremuneration who is actively engaged in training to qualify as a disaster emergency worker or is<br>responding to a hazard, emergency disaster, or enemy attack on this country, and who is<br>registered with the disaster emergency organization of a municipality, which has been officially<br>recognized by the director of the state division of homeland security.The term &quot;in training&quot; means only those periods of time, during which an emergency ordisaster volunteer is receiving instruction, or is engaged in exercises or operations, in preparation<br>for qualification as a disaster emergency worker in the event of a hazard, emergency, disaster, or<br>enemy attack on this country.The term &quot;community emergency response team member&quot; means an individualregistered as a community emergency response team member with the appropriate authority.<br>For purposes of this chapter, a community emergency response team member is acting as a<br>community emergency response team member only when the individual is receiving approved<br>community emergency response team training or is acting as a member of a community<br>emergency response team in an emergency or disaster.Upon request of the organization, the disaster emergency organization of a municipalityshall provide the organization with its roster of registered community emergency response team<br>members.The term &quot;municipality&quot; when used in reference to emergency or disaster volunteermeans the state, cities, counties, municipalities, districts, or any other geographical entity of this<br>state. This definition is not in any way intended to alter any interpretation or ruling in regard to<br>the use of the term municipality when used in reference to volunteer firefighters.65-06-02. Volunteer firefighter, emergency or disaster volunteer, and communityemergency response team member declared employees - Covered by workforce safety<br>and insurance - Termination. Volunteer firefighters, emergency or disaster volunteers, and<br>community emergency response team members are employees of the municipalities which they<br>serve and are entitled to the same protection and rights under the provisions of this title as are<br>full-time paid employees of those municipalities.65-06-02.1.Uniform Emergency Volunteer Health Practitioners Act - Healthpractitioners. A volunteer health practitioner under subsection 2 of section 37-17.4-11 is eligible<br>for benefits as provided under this chapter.65-06-03. Compensation benefits - How determined. The basis of compensation andbenefits to be paid to a volunteer firefighter, an emergency or disaster volunteer, or a community<br>emergency response team member under the terms of this chapter shall be determined in<br>accordance with the provisions of section 65-05-09; provided, however, that the weekly wage of<br>the claimant shall be determined from a computation of income derived from the claimant's<br>business or employment.Page No. 165-06-04.Assessment of premiums.For the purpose of making assessments ofpremiums to be charged against municipalities for protection of volunteer firefighters, emergency<br>or disaster volunteers, and community emergency response team members, the organization<br>shall make such survey as may seem advisable to ascertain the probable annual expenditures<br>necessary to be paid out of the fund to carry out the provisions of this chapter, and shall fix the<br>annual charges and assessments which shall be made against municipalities employing<br>volunteer firefighters, emergency or disaster volunteers, and community emergency response<br>team members. Such charge shall be a fixed sum for each one hundred of the population of the<br>municipality involved, the same to be uniform as to all such municipalities but in proportion to the<br>population thereof. In determining the amount of premium charge, the organization may apply<br>the system of experience rating provided in this title, as applied to other risks. The organization<br>may also establish a minimum charge or assessment to be applicable to municipalities where the<br>fixed rate or charge multiplied by the number of hundreds of the population thereof would amount<br>to less than the amount of such minimum charge or assessment.The population of amunicipality shall be that shown by the latest official North Dakota state or United States<br>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<br>disaster volunteers and trainees or volunteer health practitioners as defined under chapter<br>37-17.4 exceeds the amount of premiums paid into the fund, such excess liabilities are a general<br>obligation of the state of North Dakota and must be reimbursed to the organization for credit to<br>the workforce safety and insurance fund by legislative appropriation.Page No. 2Document Outlinechapter 65-06 volunteer firemen