SB 858 — AN ACT CONCERNING MILITARY DEPARTMENT VOLUNTEERS.

General Assembly   RaisedSubstitute Bill No.

858 January Session, 2017   LCO*_____SB00858VA____030617____* No.AN ACT CONCERNING MILITARY DEPARTMENT VOLUNTEERS.

3992   *03992_______VA_* Referred to Committee on VETERANS' AFFAIRS   Introduced by:

  (VA)   AN ACT CONCERNING MILITARY DEPARTMENT VOLUNTEERS.

(a) As used in this section, (1) "member" means a member of the armed forces, as defined in section 27-103, including the Connecticut National Guard, [who is on active duty and] who is a resident of this state, (2) "department" means the Military Department, (3) "services" includes, but is not limited to, repairs, gardening, transportation, babysitting, tutoring, cooking, office work or any other services that a member, [or member's family] veteran, the family of such member or veteran or the department would find helpful, [and (3)] (4) "local organizations" includes not-for-profit organizations that serve members, [and] veterans [and their] orand the families of such members or veterans, and other organizations that seek to [volunteer] provide voluntary services to members, [and their] veterans, the families of such members or veterans or the department, and (5) "volunteer" means any individual who seeks to provide voluntary services to members, veterans, the families of such members or veterans or the department.

(b) The [family program of the Connecticut National Guard] department shall establish within its family program a volunteer service program in which a volunteer service coordinator coordinates with municipalities, [and] local organizations and volunteers throughout the state to provide voluntary services [by volunteers] to members, [and their] veterans, the families of[. such members or veterans or the department.

[NoNo person shall volunteer] Such volunteer service coordinator shall not coordinate the provision of voluntarysuch servicesmembers foror anyveterans services [for which] that require a license, certificate of registration, permit or other credentials issued by a state agency [is required unless such person] unless the volunteerdepartment. holds [such] the required license, certificate of registration, permit or other credentials.

(c)Such The volunteer servicesservice coordinator shall identifynot municipalities,coordinate [and]the localprovision organizationsof andvoluntary volunteersservices thatfor provideany [volunteer] voluntary services to[for members,which] veteransthat andrequire [their]a thelicense, familiescertificate of suchregistration, memberspermit or veteransother incredentials communitiesissued throughoutby thea state andagency to[is therequired department,unless and shall [assist] inform such municipalities,person] [and]unless localthe organizationsvolunteer andholds volunteers[such] ofthe opportunitiesrequired tolicense, providecertificate voluntary services to members, veterans, the families of suchregistration, memberspermit or veteransother orcredentials. the department.

(d)(c) OnThe orvolunteer beforeservices [Januarycoordinator 31,shall 2006,identify andmunicipalities, annually[and] thereafter,local theorganizations familyand programvolunteers ofthat theprovide Connecticut[volunteer] Nationalvoluntary Guard]services February fifteenth of each calendar year, the department shall report to themembers, jointveterans standingand committee[their] of the Generalfamilies Assembly having cognizance of matterssuch relatingmembers toor veterans'veterans, and military affairs, in accordancecommunities withthroughout section 11-4a, on the servicesstate, [providedand byto volunteersthe todepartment, membersand throughoutshall the[assist] state,inform including,such butmunicipalities, not[and] limitedlocal to,organizations theand levelvolunteers of servicesopportunities into differentprovide geographicalvoluntary areas]services receivedto by members, veterans, the families of such members or veterans or the departmentdepartment. during the previous calendar year under the volunteer service program.

(d) On or before [January 31, 2006, and annually thereafter, the family program of the Connecticut National Guard] February fifteenth, annually, the department shall report to the joint standing committee of the General Assembly having cognizance of matters relating to veterans' and military affairs, in accordance with section 11-4a, on the voluntary services [provided by volunteers to members throughout the state, including, but not limited to, the level of services in different geographical areas] received by members, veterans, the families of such members or veterans or the department during the previous calendar year under the volunteer service program.

Section 27-67 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) A member of the armed forces of the state performing military duty in accordance with section 27-17, 27-18 or 27-61 or a volunteer providing voluntary services in accordance with section 27-100b, as amended by this act, shall be (1) construed to be an employee of the state for the specific purposes of liability, immunity and being subject to the jurisdiction of the Workers' Compensation Commission, and [shall be] (2) compensated in accordance with the provisions of chapter 568 for death, disability or injury incurred while performing such military duty or providing such voluntary services.

A member of the armed forces of the state performing such military duty or a volunteer providing such voluntary services shall not be considered an employee of the state for other purposes.

(b) (1) Any member of the armed forces of the state who is injured while performing military duty in accordance with section 27-17, 27-18 or 27-61 may collect benefits under the provisions of chapter 568 based on the salary of the member's employment or the average production wage in the state, as determined by the Labor Commissioner under the provisions of section 31-309, whichever is greater.

The provisions of this [subsection] subdivision shall apply only if the member of the armed forces of the state is unable to perform the member's regular employment duties.

(2) Any volunteer who is injured while providing voluntary services in accordance with section 27-100b, as amended by this act, may collect benefits under the provisions of chapter 568 based on the salary of the volunteer's employment or the average production wage in the state, as determined by the Labor Commissioner under the provisions of section 31-309, whichever is greater.

The provisions of this subdivision shall apply only if the volunteer is unable to perform the volunteer's regular employment duties.

(c) For the purpose of this section, there shall be no prorating of compensation benefits because of other employment by a member of the armed forces of the state or volunteer.

Sec.

3.

2 July 1, 2017 27-6727-100e Sec.Statement of Legislative Commissioners:

3In JulySection 1,1(a)(4), 2017"or 27-100ethe Statementfamilies" ofwas Purpose:changed to "and the families" for consistency;

Toin (1)Section permit1(c), individualcommas volunteerswere toadded providebefore voluntaryand servicesafter to"in veteranscommunities andthroughout the Militarystate" Departmentfor underclarity; its volunteer service program, and (2) provide certain protections to such individual volunteers while providing such voluntary services.

[Proposedand deletionsin areSection enclosed1(d), in"of brackets.each calendar year," was changed to ", annually," for consistency with the drafting conventions of the general statutes, and "voluntary" was added before "services" for clarity and consistency.

ProposedVA additionsJoint areFavorable indicatedSubst. by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]