Sec. 19.5. (a) The following definitions apply to this section:
(1) "Activates" or "activated" refers to the status of a task force or a task force resource placed at the direction, control, and funding of the agency in accordance with an agreement entered into in accordance with this section.
(2) "Task force" means a United States Department of Homeland Security national urban search and rescue response system task force established under 44 CFR 208.
(b) The agency may enter into an agreement with a political subdivision that is a sponsoring agency of a task force to establish the terms and conditions that would be applicable if the agency activates the task force as a state resource in anticipation of or in response to an emergency or disaster. Under this agreement, the agency may reimburse the political subdivision for allowable costs and at the rates established under 44 CFR 208 and may reimburse the political subdivision for all payments for death, disability, or injury of an individual incurred in the course of duty while the individual is serving as an activated member of an activated task force.
(c) While an individual is serving as an activated member of an activated task force:
(1) if the individual is an employee of the state or a political subdivision of the state, whether serving within or outside the political subdivision, the individual:
(A) has the:
(i) powers;
(ii) duties;
(iii) rights;
(iv) privileges; and
(v) immunities;
that are provided for an employee of the state or a political subdivision of the state and are incidental to the individual's employment; and
(B) shall receive the compensation and benefits incidental to the individual's employment; and
(2) if the individual is not an employee of the state or a political subdivision of the state, the individual is:
(A) entitled to the same rights and immunities that are provided for an employee of the state; and
(B) notwithstanding section 15(c) of this chapter, considered to be a temporary employee of the state for purposes of:
(i) the worker's compensation law (IC 22-3-2 through IC 22-3-6); and
(ii) the worker's occupational diseases law (IC 22-3-7).
As added by P.L.85-2015, SEC.6.
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