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H0246.........................................by TRANSPORTATION AND DEFENSE
NATIONAL GUARD - Repeals and amends existing law relating to National Guard
members who are injured or disabled when they are on state duty, to provide
application of the worker's compensation law.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 59-0-11
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Gould, Hadley, Hansen(23), Henbest,
Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Limbaugh, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor),
Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Alltus, Boe, Crow, Geddes, Hammond, Hansen(29),
Jones, Linford, Loertscher, Pischner, Trail
Floor Sponsor - Kunz
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry, Twiggs
Floor Sponsor - Dunklin
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/18 Governor signed
Session Law Chapter 118
Effective: 07/01/99
H0246|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 246 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO THE MILITARY DIVISION; REPEALING SECTION 46-606, IDAHO CODE; 3 AMENDING SECTION 46-607, IDAHO CODE, TO STRIKE REFERENCE TO PAYMENT UPON 4 DISABILITY AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 5 72-419, IDAHO CODE, TO CLARIFY THE BASE PAY TO BE USED IN DETERMINATION OF 6 AVERAGE WEEKLY WAGE FOR WORKERS COVERED WHILE ON MILITARY DUTY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 46-606, Idaho Code, be, and the same is hereby 9 repealed. 10 SECTION 2. That Section 46-607, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 46-607. PAY ON ACTIVE DUTY -- STATE LIABLE FOR EXPENSES AND CLAIMS. All 13 officers and enlisted personnel of the national guard not in the service of 14 the United States, while on duty or assembled therefor, pursuant to the orders 15 of the governor, or any other civil officer authorized by law to make such 16 demand on the military forces of the state in case of a state of extreme emer- 17 gency, or threats thereof, or whenever called upon in aid of civil authori- 18 ties, shall receive the same pay and allowances for such service as that pre- 19 scribed in section 46-605 , Idaho Code ; and such compensation and 20 the necessary expenses incurred in quartering, caring for, warning for duty, 21 and transporting and subsisting the military personnel as well as the expense 22 incurred for pay, care and subsistence of officers and enlisted personnel 23temporarily disabled in the line of duty, while on such duty as set24forth in section 46-606,shall be paid by the state. 25 SECTION 3. That Section 72-419, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 72-419. DETERMINATION OF AVERAGE WEEKLY WAGE. Except as otherwise pro- 28 vided in this law, the average weekly wage of the employee at the time of the 29 accident causing the injury or of manifestation of the occupational disease 30 shall be taken as the basis upon which to compute compensation and shall be 31 determined as follows: 32 (1) If at such time the wages are fixed by the week, the amount so fixed 33 shall be the average weekly wage. 34 (2) If at such time the wages are fixed by the month, the average weekly 35 wage shall be the monthly wage so fixed multiplied by twelve (12) and divided 36 by fifty-two (52). 37 (3) If at such time the wages are fixed by the year, the average weekly 38 wage shall be the yearly wage so fixed divided by fifty-two (52). 39 (4) (a) If at such time the wages are fixed by the day, hour or by the 40 output of the employee, the average weekly wage shall be the wage most 2 1 favorable to the employee computed by dividing by thirteen (13) his wages 2 (not including overtime or premium pay) earned in the employ of the 3 employer in the first, second, third or fourth period of thirteen (13) 4 consecutive calendar weeks in the fifty-two (52) weeks immediately preced- 5 ing the time of accident or manifestation of the disease. 6 (b) If the employee has been in the employ of the employer less than 7 twelve (12) calendar weeks immediately preceding the accident or manifes- 8 tation of the disease, his average weekly wage shall be computed under 9 the foregoing paragraph, taking the wages (not including overtime or pre- 10 mium pay) for such purpose to be the amount he would have earned had he 11 been so employed by the employer the full thirteen (13) calendar weeks 12 immediately preceding such time and had worked, when work was available to 13 other employees in a similar occupation. 14 (5) If at such time the hourly wage has not been fixed or cannot be 15 ascertained, the wage for the purpose of calculating compensation shall be 16 taken to be the usual wage for similar services where such services are ren- 17 dered by paid employees. 18 (6) In seasonal occupations that do not customarily operate throughout 19 the entire year, the average weekly wage shall be taken to be one-fiftieth 20 (1/50) of the total wages which the employee has earned from all occupations 21 during the twelve (12) calendar months immediately preceding the time of the 22 accident or manifestation of the disease. 23 (7) In the case of volunteer firemen, police and civil defense members or 24 trainees, the income benefits shall be based on the average weekly wage in 25 their regular employment. 26 (8) If the employee was a minor, apprentice or trainee at the time of the 27 accident or manifestation of the disease, and it is established that under 28 normal conditions his wages should be expected to increase during the period 29 of disability that fact may be considered in computing his average weekly 30 wage. 31 (9) When the employee is working under concurrent contracts with two (2) 32 or more employers and the defendant employer has knowledge of such employment 33 prior to the injury, the employee's wages from all such employers shall be 34 considered as if earned from the employer liable for compensation. 35 (10) When circumstances are such that the actual rate of pay cannot be 36 readily ascertained, the wage shall be deemed to be the contractual, customary 37 or usual wage in the particular employment, industry or community for the same 38 or similar service. 39 (11) In the case of public employees covered under section 40 72-205(6), Idaho Code, the income benefits shall be based on the greater of 41 the average weekly wage of the employee's civilian employment and pay computed 42 for one (1) weekend drill in a month, or full-time active duty pay fixed by 43 the month as provided in section 46-605, Idaho Code.
STATEMENT OF PURPOSE
RS08995
This proposal will repeal Idaho Code Section 46-606, and amend
additional sections, which provides a remedy for members of the
Idaho National Guard who are injured while on duty. This section
predates Idaho Code Section 72-205 (6) that extended coverage
under the Idaho workers compensation law to members of the Idaho
National Guard while on duty when there are no federal benefits
payable. The provisions of the section to be repealed conflict
with provisions of the Idaho worker's compensation law. Those
conflicts cause confusion regarding what benefits are payable and
makes the administration of those benefits to members of the
Idaho National Guard who are injured while on duty difficult.
This change will remove that confusion and difficulty.
FISCAL NOTE
There will be no increase to the state in the cost of
administering worker's compensation benefits to members of the
Idaho National Guard after repeal of this section; in fact, costs
may be down because the law in this area will be clearer after
this change.
CONTACT: Mr. John Norris - Military Division
208/422-5471
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 246