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H0403........................................................by MR. SPEAKER
Requested by Department of Administration
WORKER'S COMPENSATION - Amends existing law to provide that within thirty
days subsequent to September 1 and April 1, worker's compensation insurers
shall pay an assessment to the Industrial Commission for deposit in the
Special Indemnity Fund.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Com/HuRes
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Loertscher, Mader, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Campbell, Crow, Hammond, Hansen(29), Linford,
Marley, Moss
Floor Sponsor - Hadley
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Com/HuRes
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 29-3-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
Ipsen, Keough, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Wheeler, Williams
NAYS--Hawkins, Parry, Whitworth
Absent and excused--Davis, King-Barrutia, Thorne
Floor Sponsor - Andreason
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/22 To Governor
Governor signed
Session Law Chapter 42
Effective: 07/01/00
H0403|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 403 BY MR. SPEAKER Requested by: Department of Administration 1 AN ACT 2 RELATING TO ASSESSMENTS TO THE SPECIAL INDEMNITY FUND; AMENDING SECTION 3 72-327, IDAHO CODE, TO PROVIDE THAT WITHIN THIRTY DAYS SUBSEQUENT TO SEP- 4 TEMBER 1 AND APRIL 1, WORKER'S COMPENSATION INSURERS SHALL PAY TO THE 5 INDUSTRIAL COMMISSION FOR DEPOSIT IN THE SPECIAL INDEMNITY FUND AN ASSESS- 6 MENT; AND PROVIDING AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 72-327, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 72-327. ASSESSMENT -- METHOD OF CALCULATION AND PRORATION -- TIME FOR 11 PAYMENT. (1) The state insurance fund, every authorized self-insurer and every 12 surety authorized under the Idaho insurance code or by the director of the 13 department of insurance to transact worker's compensation insurance in Idaho, 14 in addition to all other payments required by statute, shall, within thirty 15 (30) days after April 1, 1998, andon or beforewithin thirty (30) days subse- 16 quent to September 1 and April 1 of each successive year thereafter, pay to 17 the industrial commission for deposit in the industrial special indemnity fund 18 an assessment as follows: 19 (a) The total annual assessment payable in the manner set forth in this 20 section shall be equal in amount to two (2) times the amount of all 21 expenses of the industrial special indemnity fund incurred during the 22 immediately preceding fiscal year less the existing cash balance of the 23 industrial special indemnity fund as of the thirtieth day of June of the 24 immediately preceding fiscal year; 25 (b) The total annual assessment shall be apportioned on a pro rata per- 26 centage basis among and between the state insurance fund, every authorized 27 self-insurer and every surety authorized under the Idaho insurance code or 28 by the director of the department of insurance to transact worker's com- 29 pensation insurance in Idaho based upon the proportionate share of the 30 total gross amount of indemnity benefits paid on Idaho worker's compensa- 31 tion claims during the applicable reporting period; 32 (c) The amount of each responsible entity's or person's assessment which 33 is due and payable within thirty (30) days subsequent to September 1 of 34 any year shall be calculated by dividing one-half (1/2) of the total 35 annual assessment amount by the responsible party's proportionate share of 36 the total gross amount of indemnity benefits paid during the preceding 37 period of time from January 1 through June 30. The amount of each respon- 38 sible entity's or person's assessment which is due and payable within 39 thirty (30) days subsequent to April 1 of any year shall be calculated by 40 dividing one-half (1/2) of the total applicable assessment amount by the 41 responsible entity's or person's proportionate share of the total gross 42 indemnity benefits paid on open worker's compensation claims during the 43 preceding period of time from July 1 through December 31. In no case shall 2 1 the amount of any such assessment be less than two hundred dollars ($200). 2 (2) In arriving at the total gross amount of indemnity benefits paid, the 3 amount of indemnity benefits shall include those payments provided for or made 4 under the provisions of the worker's compensation law with respect to "income 5 benefits" as defined in section 72-102, Idaho Code. 6 (3) For the purposes of this section, the responsible entities or persons 7 shall report to the industrial commission their total gross indemnity benefits 8 paid during the six (6) month period from July 1 through December 31 no later 9 than January 31 of the next succeeding year and shall report their total gross 10 indemnity benefits paid during the six (6) month period from January 1 through 11 June 30 no later than July 31 of said year. 12 (4) A penalty for the late filing of any report required by this section 13 will be assessed in accordance with the rules of the industrial commission. 14 (5) The industrial special indemnity fund shall certify to the industrial 15 commission annually the amount of the assessment payable under this section 16 and the industrial commission shall prepare and submit to each responsible 17 entity or person notice of its pro rata amount payable hereunder on or before 18 April 1, 1998, and thereafter on or before September 1 and April 1 of each 19 succeeding year. 20 (6) For the purposes of this section, the cash balance of the industrial 21 special indemnity fund in any fiscal year shall mean all money deposited or 22 invested by the state treasurer to the credit of the industrial special indem- 23 nity fund pursuant to sections 72-325 and 72-326, Idaho Code, and all interest 24 earned thereon. 25 (7) For purposes of this section, the term "fiscal year" shall mean that 26 period of time commencing upon July 1 in any year and ending upon June 30 of 27 the next succeeding year. 28 SECTION 2. This act shall be in full force and effect on and after July 29 1, 2000.
STATEMENT OF PURPOSE RS09371
A technical correction to Idaho Code 72-327(1).
The timing of payments owed to the Industrial Special
Indemnity Fund pursuant to Idaho Code 72-327 was designed to
be consistent with the Industrial Commission's notices to
sureties for payments due under this section. Idaho Code 72-
327(5) reflects that such notices must be sent by the
Industrial Commission by April 1 and September 1 of each year.
The proposed technical change will make the statute clearly
provide that the required payments are due within thirty (30)
days of receipt of notice from the Industrial Commission.
FISCAL IMPACT
There is no fiscal impact.
CONTACT
Name: Joanna L. Guilfoy
Deputy Attorney General
Agency: Department of Administration
Phone: 332-1832