WEST virginia legislature

2019 regular session

Introduced

Senate Bill 74

By Senator Cline

[Introduced January 9, 2019; Referred
to the Committee on Banking and Insurance; and then to the Committee on the Judiciary]

A BILL to amend and reenact §23-2-1a of the Code of West Virginia, 1931, as amended, relating to exempting nonpaid volunteers at ski areas from workers’ compensation benefits.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.

§23-2-1a. Employees subject to chapter; exception.

(a) Employees subject to this chapter are all persons in the service of employers and employed by them for the purpose of carrying on the industry, business, service, or work in which they are engaged, including, but not limited to:

(1) Persons regularly employed in the state whose duties necessitate employment of a temporary or transitory nature by the same employer without the state;

(2) Every person in the service of the state or of any political subdivision or agency thereof, under any contract of hire, express or implied, and every appointed official or officer thereof while performing his or her official duties;

(3) Checkweighmen employed according to law;

(4) All members of rescue teams assisting in mine accidents with the consent of the owner who, in such case, shall be deemed the employer, or at the direction of the Director of the department of mines Office of Miners' Health, Safety and Training;

(5) All forest firefighters who, under the supervision of the Director of the department of natural resources Division of Forestry or his or her designated representative, assist in the prevention, confinement, and suppression of any forest fire; and

(6) Students while participating in a work-based learning experience with an employer approved as a part of the curriculum by the county board. The county board shall be the employer of record of students while participating in unpaid work-based experiences off school premises with employers other than the county board. Students in unpaid work-based learning experiences shall be considered to be paid the amount of wages so as to provide the minimum workers' compensation weekly benefits required by §23-4-6 of this code.

(b) The right to receive compensation under this chapter shall not be affected by the fact that a minor is employed or is permitted to be employed in violation of the laws of this state relating to the employment of minors, or that he or she obtained his or her employment by misrepresenting his or her age.

(c) Persons who volunteer time or services, without wages, for a ski area operator as defined in §20-3A-2 of this code or for a ski area sponsored program or activity, notwithstanding that the persons may receive noncash remunerations, are not employees under this chapter and are not entitled to benefits for injuries.  Notice in writing shall be given to all persons who volunteer time or services for a ski area operator that volunteering of time or services is not employment for the purposes of this chapter.

NOTE: The purpose of this bill is to exempt nonpaid volunteers at ski areas from Workers Compensation benefits.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.