BILL REQ. #:  H-3812.1 

Read first time 01/12/2006.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to volunteer services provided to the state; and amending RCW 51.12.035.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 51.12.035 and 2002 c 175 s 39 are each amended to read as follows:
     (1)(a) Volunteers shall be deemed employees and/or workers, as the case may be, for all purposes relating to medical aid benefits under chapter 51.36 RCW.
     ((A)) (b) As used in this subsection, "volunteer" ((shall)) means a person who performs any assigned or authorized duties for the state or any agency thereof, except emergency services workers as described by chapter 38.52 RCW, brought about by one's own free choice, receives no wages, and is registered and accepted as a volunteer by the state or any agency thereof, prior to the occurrence of the injury or the contraction of an occupational disease, for the purpose of engaging in authorized volunteer service((: PROVIDED, That such)). The person shall be deemed to be a volunteer although he or she may be granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties.
     (c) Any and all premiums or assessments due under this title on account of ((such)) volunteer service covered under this subsection shall be the obligation of and be paid by the state or any agency thereof which has registered and accepted the services of volunteers.
     (d) Volunteers who provide volunteer services to the department of corrections in an inmate education program or as a chaplain do not have any right of action whatsoever against the state or the department of corrections on account of an injury incurred or an occupational disease contracted in the course of that volunteer service, except as otherwise provided in this title.
     (2)(a) Except as provided in RCW 51.12.050, volunteers may be deemed employees and/or workers, as the case may be, for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of any city, county, town, special district, municipal corporation, or political subdivision of any type, or any private nonprofit charitable organization, when any such unit of local government or any such nonprofit organization has given notice of covering all of its volunteers to the director prior to the occurrence of the injury or contraction of an occupational disease.
     ((A)) (b) As used in this subsection, "volunteer" ((shall)) means a person who performs any assigned or authorized duties for any ((such)) unit of local government((,)) or ((any such)) nonprofit organization described in (a) of this subsection, except emergency services workers as described by chapter 38.52 RCW, or fire fighters covered by chapter 41.24 RCW, brought about by one's own free choice, receives no wages, and is registered and accepted as a volunteer by any such unit of local government((,)) or any such nonprofit organization which has given ((such)) the notice((,)) required in (a) of this subsection for the purpose of engaging in authorized volunteer services((: PROVIDED, That such)). The person shall be deemed to be a volunteer although he or she may be granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties((: PROVIDED FURTHER, That)). However, juveniles performing community restitution under chapter 13.40 RCW may not be granted coverage as volunteers under this section.
     (c) Any and all premiums or assessments due under this title on account of ((such)) volunteer service covered under this subsection for any ((such)) unit of local government((,)) or ((any such)) nonprofit organization described in (a) of this subsection shall be the obligation of and be paid by such unit of local government or nonprofit organization which has registered and accepted the services of volunteers and exercised its option to secure the medical aid benefits under chapter 51.36 RCW for such volunteers.