1999 Legislation
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HOUSE BILL NO. 246 – Nat’l Guard, injured/disabled

HOUSE BILL NO. 246

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Daily Data Tracking History



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

Bill Text


H0246


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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
23     temporarily disabled in the line of duty, while  on  such  duty  as  set
24    forth 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 / Fiscal Impact


                       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