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S1393aa..............................................by JUDICIARY AND RULES
COMMUNITY SERVICE WORK - OFFENDERS - Amends existing law to revise the
definition of "community service worker" in worker's compensation law; and
to set forth provisions applicable to offender labor on community service
projects.
02/24 Senate intro - 1st rdg - to printing
02/25 Rpt prt - to Com/HuRes
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 To 14th Ord
03/11 Rpt out amen - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 29-0-6
AYES -- Andreason, Bailey, Brandt, Calabretta, Cameron, Compton,
Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kennedy, Keough,
Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- Bunderson, Burkett, Burtenshaw, Ingram, Noble,
Noh
Floor Sponsor - Davis
Title apvd - to House
03/17 House intro - 1st rdg - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rls susp - PASSED - 64-0-6
AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
Meyer, Miller, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,
Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bauer, Black, Collins, Mitchell, Moyle, Trail
Floor Sponsor - Clark
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 149
Effective: 03/23/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1393
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE WORKER'S COMPENSATION LAW; AMENDING SECTION 72-102, IDAHO
3 CODE, TO REVISE THE DEFINITION FOR "COMMUNITY SERVICE WORKER"; AND DECLAR-
4 ING AN EMERGENCY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 72-102, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 72-102. DEFINITIONS. Words and terms used in the worker's compensation
9 law, unless the context otherwise requires, are defined in the subsections
10 which follow:
11 (1) "Alien" means a person who is not a citizen, a national or a resident
12 of the United States or Canada. Any person not a citizen or national of the
13 United States who relinquishes or is about to relinquish his residence in the
14 United States shall be regarded as an alien.
15 (2) "Beneficiary" means any person who is entitled to income benefits or
16 medical and related benefits under this law.
17 (3) "Burial expenses" means a sum, not to exceed six thousand dollars
18 ($6,000) for funeral and burial or cremation, together with the actual
19 expenses of transportation of the employee's body to his place of residence
20 within the United States or Canada.
21 (4) "Commission" means the industrial commission.
22 (5) "Community service worker" means:
23 (a) Aany person who has been convicted of a criminal offense, any juve-
24 nile who has been found to be within the purview of chapter 5, title 20,
25 Idaho Code, and who has been informally diverted under the provisions of
26 section 20-511, Idaho Code, or any person or youth who has been diverted
27 from the criminal or juvenile justice system and who performs a public
28 service for any department, institution, office, college, university,
29 authority, division, board, bureau, commission, council, or other entity
30 of the state, or any city, county, school district, irrigation district or
31 other taxing district authorized to levy a tax or an assessment or any
32 other political subdivision or any private not-for-profit agency which has
33 elected worker's compensation insurance coverage for such person; or
34 (b) Parolees under department of correction supervision, probationers
35 under court order or department of correction supervision and offender
36 residents of community work centers under the direction or order of the
37 board of correction who are performing public service or community service
38 work for any of the entities specified in paragraph (5)(a) of this section
39 other than the department of correction.
40 (6) "Compensation" used collectively means any or all of the income bene-
41 fits and the medical and related benefits and medical services.
42 (7) "Custom farmer" means a person who contracts to supply operated
43 equipment to a proprietor of a farm for the purpose of performing part or all
2
1 of the activities related to raising or harvesting agricultural or horticul-
2 tural commodities.
3 (8) "Death" means death resulting from an injury or occupational disease.
4 (9) Dependency limitations.
5 (a) "Adopted" and "adoption" include cases where persons are treated as
6 adopted as well as those of legal adoption unless legal adoption is spe-
7 cifically provided.
8 (b) "Brother" and "sister" include stepbrothers and stepsisters, half
9 brothers and half sisters, and brothers and sisters by adoption.
10 (c) "Child" includes adopted children, posthumous children, and acknowl-
11 edged illegitimate children, but does not include stepchildren unless
12 actually dependent.
13 (d) "Grandchild" includes children of legally adopted children and chil-
14 dren of stepchildren, but does not include stepchildren of children,
15 stepchildren of stepchildren, or stepchildren of adopted children unless
16 actually dependent.
17 (e) "Parent" includes stepparents and parents by adoption.
18 (f) "Grandparent" includes parents of parents by adoption, but does not
19 include parents of stepparents, stepparents of parents, or stepparents of
20 stepparents.
21 (10) "Disability," for purposes of determining total or partial temporary
22 disability income benefits, means a decrease in wage-earning capacity due to
23 injury or occupational disease, as such capacity is affected by the medical
24 factor of physical impairment, and by pertinent nonmedical factors as provided
25 in section 72-430, Idaho Code.
26 (11) "Employee" is synonymous with "workman" and means any person who has
27 entered into the employment of, or who works under contract of service or
28 apprenticeship with, an employer. It does not include any person engaged in
29 any of the excepted employments enumerated in section 72-212, Idaho Code,
30 unless an election as provided in section 72-213, Idaho Code, has been filed.
31 Any reference to an employee who has been injured shall, where the employee is
32 dead, include a reference to his dependents as herein defined, if the context
33 so requires, or, where the employee is a minor or incompetent, to his commit-
34 tee or guardian or next friend.
35 (12) (a) "Employer" means any person who has expressly or impliedly hired
36 or contracted the services of another. It includes contractors and subcon-
37 tractors. It includes the owner or lessee of premises, or other person who
38 is virtually the proprietor or operator of the business there carried on,
39 but who, by reason of there being an independent contractor or for any
40 other reason, is not the direct employer of the workers there employed. If
41 the employer is secured, it means his surety so far as applicable.
42 (b) "Professional employer" means a professional employer as defined in
43 chapter 24, title 44, Idaho Code.
44 (c) "Temporary employer" means the employer of temporary employees as
45 defined in section 44-2403(7), Idaho Code.
46 (d) "Work site employer" means the client of the temporary or profes-
47 sional employer with whom a worker has been placed.
48 (13) "Farm labor contractor" means any person or his agent or subcontrac-
49 tor who, for a fee, recruits and employs farm workers and performs any farm
50 labor contracting activity.
51 (14) "Gender and number." The masculine gender includes the feminine and
52 neuter; "husband" or "wife" includes "spouse"; the singular number includes
53 plural and the plural the singular.
54 (15) "Income benefits" means payments provided for or made under the pro-
55 visions of this law to the injured employee disabled by an injury or occupa-
3
1 tional disease, or his dependents in case of death, excluding medical and
2 related benefits.
3 (16) "Independent contractor" means any person who renders service for a
4 specified recompense for a specified result, under the right to control or
5 actual control of his principal as to the result of his work only and not as
6 to the means by which such result is accomplished. For the purposes of wor-
7 ker's compensation law, a custom farmer is considered to be an independent
8 contractor.
9 (17) "Injury" and "accident."
10 (a) "Injury" means a personal injury caused by an accident arising out of
11 and in the course of any employment covered by the worker's compensation
12 law.
13 (b) "Accident" means an unexpected, undesigned, and unlooked for mishap,
14 or untoward event, connected with the industry in which it occurs, and
15 which can be reasonably located as to time when and place where it
16 occurred, causing an injury.
17 (c) "Injury" and "personal injury" shall be construed to include only an
18 injury caused by an accident, which results in violence to the physical
19 structure of the body. The terms shall in no case be construed to include
20 an occupational disease and only such nonoccupational diseases as result
21 directly from an injury.
22 (18) "Manifestation" means the time when an employee knows that he has an
23 occupational disease, or whenever a qualified physician shall inform the
24 injured worker that he has an occupational disease.
25 (19) "Medical and related benefits" means payments provided for or made
26 for medical, hospital, burial and other services as provided in this law other
27 than income benefits.
28 (20) "Medical services" means medical, surgical, dental or other atten-
29 dance or treatment, nurse and hospital service, medicines, apparatus, appli-
30 ances, prostheses, and related services, facilities and supplies.
31 (21) "Occupational diseases."
32 (a) "Occupational disease" means a disease due to the nature of an
33 employment in which the hazards of such disease actually exist, are char-
34 acteristic of, and peculiar to the trade, occupation, process, or employ-
35 ment, but shall not include psychological injuries, disorders or condi-
36 tions unless the conditions set forth in section 72-451, Idaho Code, are
37 met.
38 (b) "Contracted" and "incurred," when referring to an occupational dis-
39 ease, shall be deemed the equivalent of the term "arising out of and in
40 the course of" employment.
41 (c) "Disablement," except in the case of silicosis, means the event of an
42 employee's becoming actually and totally incapacitated because of an occu-
43 pational disease from performing his work in the last occupation in which
44 injuriously exposed to the hazards of such disease, and "disability" means
45 the state of being so incapacitated.
46 (d) "Disablement," in the case of silicosis, means the event of first
47 becoming actually incapacitated, because of such disease, from performing
48 any work in any remunerative employment; and "disability" means the state
49 of being so incapacitated.
50 (e) "Silicosis" means the characteristic fibrotic condition of the lungs
51 caused by the inhalation of silicon dioxide (SiO ) dust.
52 (22) "Outworker" means a person to whom articles or materials are fur-
53 nished to be treated in any way on premises not under the control or manage-
54 ment of the person who furnished them.
55 (23) "Person" means the state or any political subdivision thereof, or any
4
1 individual, partnership, firm, association, trust, corporation, including the
2 state insurance fund, or any representative thereof.
3 (24) "Physician" means medical physicians and surgeons, ophthalmologists,
4 otorhinolaryngologists, dentists, osteopaths, osteopathic physicians and sur-
5 geons, optometrists, podiatrists, chiropractic physicians, and members of any
6 other healing profession licensed or authorized by the statutes of this state
7 to practice such profession within the scope of their practice as defined by
8 the statutes of this state and as authorized by their licenses.
9 (25) "Secretary" means the secretary of the commission.
10 (26) "Self-insurer" means an employer who has been authorized under the
11 provisions of this law to carry his own liability to his employees covered by
12 this law.
13 (27) "State" includes any state, district, commonwealth, zone or territory
14 of the United States or any province of Canada.
15 (28) "Surety" means any insurer authorized to insure or guarantee payment
16 of worker's compensation liability of employers in any state; it also includes
17 the state insurance fund, a self-insurer and an inter-insurance exchange.
18 (29) "United States," when used in a geographic sense, means the several
19 states, the District of Columbia, the Commonwealth of Puerto Rico, the Canal
20 Zone and the territories of the United States.
21 (30) "Wages" and "wage earning capacity" prior to the injury or disable-
22 ment from occupational disease mean the employee's money payments for services
23 as calculated under section 72-419, Idaho Code, and shall additionally include
24 the reasonable market value of board, rent, housing, lodging, fuel, and other
25 advantages which can be estimated in money which the employee receives from
26 the employer as part of his remuneration, and gratuities received in the
27 course of employment from others than the employer. "Wages" shall not include
28 sums which the employer has paid to the employee to cover any special expenses
29 entailed on him by the nature of his employment.
30 (31) "Wages" and "wage earning capacity" after the injury or disablement
31 from occupational disease shall be presumed to be the actual earnings after
32 the injury or disablement, which presumption may be overcome by showing that
33 those earnings do not fairly and reasonably represent wage earning capacity;
34 in such a case wage earning capacity shall be determined in the light of all
35 factors and circumstances which may affect the worker's capacity to earn
36 wages.
37 (32) "Work experience student" means any person enrolled in the public
38 school districts of this state and who, as part of his instruction, is
39 enrolled in a class or program for academic credit and for which the student
40 is employed by, or works for, a private or governmental entity. The student
41 need not receive wages from the private or governmental entity in order to be
42 classified as a work experience student.
43 (33) "Worker's compensation law" or "workmen's compensation law" means and
44 includes the worker's compensation law of this state and any like or similar
45 law of any state, United States, territory, or province of Canada.
46 SECTION 2. An emergency existing therefor, which emergency is hereby
47 declared to exist, this act shall be in full force and effect on and after its
48 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Werk
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1393
1 AMENDMENTS TO THE BILL
2 On page 4 of the printed bill, following line 45, insert:
3 "SECTION 2. That Section 20-245, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 20-245. CONVICT LABOR ON STATE PROJECTS WITHIN OR OUTSIDE OF PENITENTIARY
6 -- SALE OF PRODUCTS OFFENDER LABOR ON STATE AND COMMUNITY SERVICE PROJECTS.
7 (1) Offender labor on state projects. The state board of correction shall have
8 the authority to use, under such rules and regulations as they may prescribe,
9 the labor of convicts offenders either within or without the walls of the pen-
10 itentiary and on all public works done under the direct control of the state;
11 that convict offender labor under control of the state board of correction
12 shall manufacture and repair state highway signs, except for highways and
13 projects where Ffederal regulations would prohibit the use of signs so manu-
14 factured; provided, that so far as practicable any manufacture conducted
15 within the walls shall be in connection with metal motor license plates, road
16 or street signs furnished by the state or used by its municipalities, wearing
17 apparel, articles, and containers, for state use in the various departments or
18 institutions of the state not for sale upon the open market. When any product
19 produced by the convict offender shall be used by any department or other
20 institution of the state, the current appropriation shall receive from such
21 department or institution such reimbursement therefor as may be fixed by the
22 state board of correction with the approval of the state board of examiners.
23 (2) Offender labor on community service projects. The state board of cor-
24 rection shall have the authority to assign parolees under department of cor-
25 rection supervision, probationers under court order or department of correc-
26 tion supervision and offender residents of community work centers under the
27 direction or order of the board of correction, as community service workers as
28 set forth in section 72-102(5), Idaho Code. The state board of correction
29 shall have the authority to charge offenders performing community service work
30 an hourly fee in an amount to be determined by the state insurance fund, to be
31 remitted to the state insurance fund for purposes of providing worker's com-
32 pensation insurance for parolees, probationers or community work center resi-
33 dents assigned as community service workers.";
34 and also on page 4, in line 46, delete "SECTION 2" and insert: "SECTION 3".
35 CORRECTIONS TO TITLE
36 On page 1, in line 2, delete "THE WORKER'S COMPENSATION LAW" and insert:
37 "COMMUNITY SERVICE WORK"; and in line 3, delete "AND DECLAR-" and insert:
38 "AMENDING SECTION 20-245, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO SET
39 FORTH PROVISIONS APPLICABLE TO OFFENDER LABOR ON COMMUNITY SERVICE PROJECTS,
40 TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CHANGES; AND DECLAR-".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1393, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO COMMUNITY SERVICE WORK; AMENDING SECTION 72-102, IDAHO CODE, TO
3 REVISE THE DEFINITION FOR "COMMUNITY SERVICE WORKER"; AMENDING SECTION
4 20-245, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO SET FORTH PROVI-
5 SIONS APPLICABLE TO OFFENDER LABOR ON COMMUNITY SERVICE PROJECTS, TO PRO-
6 VIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CHANGES; AND DECLARING AN
7 EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 72-102, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 72-102. DEFINITIONS. Words and terms used in the worker's compensation
12 law, unless the context otherwise requires, are defined in the subsections
13 which follow:
14 (1) "Alien" means a person who is not a citizen, a national or a resident
15 of the United States or Canada. Any person not a citizen or national of the
16 United States who relinquishes or is about to relinquish his residence in the
17 United States shall be regarded as an alien.
18 (2) "Beneficiary" means any person who is entitled to income benefits or
19 medical and related benefits under this law.
20 (3) "Burial expenses" means a sum, not to exceed six thousand dollars
21 ($6,000) for funeral and burial or cremation, together with the actual
22 expenses of transportation of the employee's body to his place of residence
23 within the United States or Canada.
24 (4) "Commission" means the industrial commission.
25 (5) "Community service worker" means:
26 (a) Aany person who has been convicted of a criminal offense, any juve-
27 nile who has been found to be within the purview of chapter 5, title 20,
28 Idaho Code, and who has been informally diverted under the provisions of
29 section 20-511, Idaho Code, or any person or youth who has been diverted
30 from the criminal or juvenile justice system and who performs a public
31 service for any department, institution, office, college, university,
32 authority, division, board, bureau, commission, council, or other entity
33 of the state, or any city, county, school district, irrigation district or
34 other taxing district authorized to levy a tax or an assessment or any
35 other political subdivision or any private not-for-profit agency which has
36 elected worker's compensation insurance coverage for such person; or
37 (b) Parolees under department of correction supervision, probationers
38 under court order or department of correction supervision and offender
39 residents of community work centers under the direction or order of the
40 board of correction who are performing public service or community service
41 work for any of the entities specified in paragraph (5)(a) of this section
42 other than the department of correction.
43 (6) "Compensation" used collectively means any or all of the income bene-
2
1 fits and the medical and related benefits and medical services.
2 (7) "Custom farmer" means a person who contracts to supply operated
3 equipment to a proprietor of a farm for the purpose of performing part or all
4 of the activities related to raising or harvesting agricultural or horticul-
5 tural commodities.
6 (8) "Death" means death resulting from an injury or occupational disease.
7 (9) Dependency limitations.
8 (a) "Adopted" and "adoption" include cases where persons are treated as
9 adopted as well as those of legal adoption unless legal adoption is spe-
10 cifically provided.
11 (b) "Brother" and "sister" include stepbrothers and stepsisters, half
12 brothers and half sisters, and brothers and sisters by adoption.
13 (c) "Child" includes adopted children, posthumous children, and acknowl-
14 edged illegitimate children, but does not include stepchildren unless
15 actually dependent.
16 (d) "Grandchild" includes children of legally adopted children and chil-
17 dren of stepchildren, but does not include stepchildren of children,
18 stepchildren of stepchildren, or stepchildren of adopted children unless
19 actually dependent.
20 (e) "Parent" includes stepparents and parents by adoption.
21 (f) "Grandparent" includes parents of parents by adoption, but does not
22 include parents of stepparents, stepparents of parents, or stepparents of
23 stepparents.
24 (10) "Disability," for purposes of determining total or partial temporary
25 disability income benefits, means a decrease in wage-earning capacity due to
26 injury or occupational disease, as such capacity is affected by the medical
27 factor of physical impairment, and by pertinent nonmedical factors as provided
28 in section 72-430, Idaho Code.
29 (11) "Employee" is synonymous with "workman" and means any person who has
30 entered into the employment of, or who works under contract of service or
31 apprenticeship with, an employer. It does not include any person engaged in
32 any of the excepted employments enumerated in section 72-212, Idaho Code,
33 unless an election as provided in section 72-213, Idaho Code, has been filed.
34 Any reference to an employee who has been injured shall, where the employee is
35 dead, include a reference to his dependents as herein defined, if the context
36 so requires, or, where the employee is a minor or incompetent, to his commit-
37 tee or guardian or next friend.
38 (12) (a) "Employer" means any person who has expressly or impliedly hired
39 or contracted the services of another. It includes contractors and subcon-
40 tractors. It includes the owner or lessee of premises, or other person who
41 is virtually the proprietor or operator of the business there carried on,
42 but who, by reason of there being an independent contractor or for any
43 other reason, is not the direct employer of the workers there employed. If
44 the employer is secured, it means his surety so far as applicable.
45 (b) "Professional employer" means a professional employer as defined in
46 chapter 24, title 44, Idaho Code.
47 (c) "Temporary employer" means the employer of temporary employees as
48 defined in section 44-2403(7), Idaho Code.
49 (d) "Work site employer" means the client of the temporary or profes-
50 sional employer with whom a worker has been placed.
51 (13) "Farm labor contractor" means any person or his agent or subcontrac-
52 tor who, for a fee, recruits and employs farm workers and performs any farm
53 labor contracting activity.
54 (14) "Gender and number." The masculine gender includes the feminine and
55 neuter; "husband" or "wife" includes "spouse"; the singular number includes
3
1 plural and the plural the singular.
2 (15) "Income benefits" means payments provided for or made under the pro-
3 visions of this law to the injured employee disabled by an injury or occupa-
4 tional disease, or his dependents in case of death, excluding medical and
5 related benefits.
6 (16) "Independent contractor" means any person who renders service for a
7 specified recompense for a specified result, under the right to control or
8 actual control of his principal as to the result of his work only and not as
9 to the means by which such result is accomplished. For the purposes of wor-
10 ker's compensation law, a custom farmer is considered to be an independent
11 contractor.
12 (17) "Injury" and "accident."
13 (a) "Injury" means a personal injury caused by an accident arising out of
14 and in the course of any employment covered by the worker's compensation
15 law.
16 (b) "Accident" means an unexpected, undesigned, and unlooked for mishap,
17 or untoward event, connected with the industry in which it occurs, and
18 which can be reasonably located as to time when and place where it
19 occurred, causing an injury.
20 (c) "Injury" and "personal injury" shall be construed to include only an
21 injury caused by an accident, which results in violence to the physical
22 structure of the body. The terms shall in no case be construed to include
23 an occupational disease and only such nonoccupational diseases as result
24 directly from an injury.
25 (18) "Manifestation" means the time when an employee knows that he has an
26 occupational disease, or whenever a qualified physician shall inform the
27 injured worker that he has an occupational disease.
28 (19) "Medical and related benefits" means payments provided for or made
29 for medical, hospital, burial and other services as provided in this law other
30 than income benefits.
31 (20) "Medical services" means medical, surgical, dental or other atten-
32 dance or treatment, nurse and hospital service, medicines, apparatus, appli-
33 ances, prostheses, and related services, facilities and supplies.
34 (21) "Occupational diseases."
35 (a) "Occupational disease" means a disease due to the nature of an
36 employment in which the hazards of such disease actually exist, are char-
37 acteristic of, and peculiar to the trade, occupation, process, or employ-
38 ment, but shall not include psychological injuries, disorders or condi-
39 tions unless the conditions set forth in section 72-451, Idaho Code, are
40 met.
41 (b) "Contracted" and "incurred," when referring to an occupational dis-
42 ease, shall be deemed the equivalent of the term "arising out of and in
43 the course of" employment.
44 (c) "Disablement," except in the case of silicosis, means the event of an
45 employee's becoming actually and totally incapacitated because of an occu-
46 pational disease from performing his work in the last occupation in which
47 injuriously exposed to the hazards of such disease, and "disability" means
48 the state of being so incapacitated.
49 (d) "Disablement," in the case of silicosis, means the event of first
50 becoming actually incapacitated, because of such disease, from performing
51 any work in any remunerative employment; and "disability" means the state
52 of being so incapacitated.
53 (e) "Silicosis" means the characteristic fibrotic condition of the lungs
54 caused by the inhalation of silicon dioxide (SiO ) dust.
55 (22) "Outworker" means a person to whom articles or materials are fur-
4
1 nished to be treated in any way on premises not under the control or manage-
2 ment of the person who furnished them.
3 (23) "Person" means the state or any political subdivision thereof, or any
4 individual, partnership, firm, association, trust, corporation, including the
5 state insurance fund, or any representative thereof.
6 (24) "Physician" means medical physicians and surgeons, ophthalmologists,
7 otorhinolaryngologists, dentists, osteopaths, osteopathic physicians and sur-
8 geons, optometrists, podiatrists, chiropractic physicians, and members of any
9 other healing profession licensed or authorized by the statutes of this state
10 to practice such profession within the scope of their practice as defined by
11 the statutes of this state and as authorized by their licenses.
12 (25) "Secretary" means the secretary of the commission.
13 (26) "Self-insurer" means an employer who has been authorized under the
14 provisions of this law to carry his own liability to his employees covered by
15 this law.
16 (27) "State" includes any state, district, commonwealth, zone or territory
17 of the United States or any province of Canada.
18 (28) "Surety" means any insurer authorized to insure or guarantee payment
19 of worker's compensation liability of employers in any state; it also includes
20 the state insurance fund, a self-insurer and an inter-insurance exchange.
21 (29) "United States," when used in a geographic sense, means the several
22 states, the District of Columbia, the Commonwealth of Puerto Rico, the Canal
23 Zone and the territories of the United States.
24 (30) "Wages" and "wage earning capacity" prior to the injury or disable-
25 ment from occupational disease mean the employee's money payments for services
26 as calculated under section 72-419, Idaho Code, and shall additionally include
27 the reasonable market value of board, rent, housing, lodging, fuel, and other
28 advantages which can be estimated in money which the employee receives from
29 the employer as part of his remuneration, and gratuities received in the
30 course of employment from others than the employer. "Wages" shall not include
31 sums which the employer has paid to the employee to cover any special expenses
32 entailed on him by the nature of his employment.
33 (31) "Wages" and "wage earning capacity" after the injury or disablement
34 from occupational disease shall be presumed to be the actual earnings after
35 the injury or disablement, which presumption may be overcome by showing that
36 those earnings do not fairly and reasonably represent wage earning capacity;
37 in such a case wage earning capacity shall be determined in the light of all
38 factors and circumstances which may affect the worker's capacity to earn
39 wages.
40 (32) "Work experience student" means any person enrolled in the public
41 school districts of this state and who, as part of his instruction, is
42 enrolled in a class or program for academic credit and for which the student
43 is employed by, or works for, a private or governmental entity. The student
44 need not receive wages from the private or governmental entity in order to be
45 classified as a work experience student.
46 (33) "Worker's compensation law" or "workmen's compensation law" means and
47 includes the worker's compensation law of this state and any like or similar
48 law of any state, United States, territory, or province of Canada.
49 SECTION 2. That Section 20-245, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 20-245. CONVICT LABOR ON STATE PROJECTS WITHIN OR OUTSIDE OF PENITENTIARY
52 -- SALE OF PRODUCTS OFFENDER LABOR ON STATE AND COMMUNITY SERVICE PROJECTS.
53 (1) Offender labor on state projects. The state board of correction shall have
5
1 the authority to use, under such rules and regulations as they may prescribe,
2 the labor of convicts offenders either within or without the walls of the pen-
3 itentiary and on all public works done under the direct control of the state;
4 that convict offender labor under control of the state board of correction
5 shall manufacture and repair state highway signs, except for highways and
6 projects where Ffederal regulations would prohibit the use of signs so manu-
7 factured; provided, that so far as practicable any manufacture conducted
8 within the walls shall be in connection with metal motor license plates, road
9 or street signs furnished by the state or used by its municipalities, wearing
10 apparel, articles, and containers, for state use in the various departments or
11 institutions of the state not for sale upon the open market. When any product
12 produced by the convict offender shall be used by any department or other
13 institution of the state, the current appropriation shall receive from such
14 department or institution such reimbursement therefor as may be fixed by the
15 state board of correction with the approval of the state board of examiners.
16 (2) Offender labor on community service projects. The state board of cor-
17 rection shall have the authority to assign parolees under department of cor-
18 rection supervision, probationers under court order or department of correc-
19 tion supervision and offender residents of community work centers under the
20 direction or order of the board of correction, as community service workers as
21 set forth in section 72-102(5), Idaho Code. The state board of correction
22 shall have the authority to charge offenders performing community service work
23 an hourly fee in an amount to be determined by the state insurance fund, to be
24 remitted to the state insurance fund for purposes of providing worker's com-
25 pensation insurance for parolees, probationers or community work center resi-
26 dents assigned as community service workers.
27 SECTION 3. An emergency existing therefor, which emergency is hereby
28 declared to exist, this act shall be in full force and effect on and after its
29 passage and approval.
STATEMENT OF PURPOSE
RS 14149
Current statute 72-102(5) defining community service workers and
recent case law Crawford vs. Idaho Department of Correction, 1999,
restricts workers compensation coverage of Idaho Department of
Correction (IDOC) -supervised offenders performing community service
to only those probationers under court order to complete specified
community service. Presently, any community service directed by
parole and probation staff onto parolees or probationers leaves
offenders not covered by workers compensation if injured during that
service. The Idaho Department of Correction routinely directs
intermediate sanctions in the form of community service to
offenders, both parolees and probationers, for minor policy and
condition's violations. Residents of community work centers also
perform directed as well as voluntary community service under IDOC
supervision, and are also not covered under current law.
Since any current IDOC-directed and supervised community service
does not provide offenders with workers comp coverage and liability
protection for the Department, this legislation provides authority
for this coverage. Without workers comp protection for injuries
incurred on IDOC-directed or offender voluntary community service,
the injured offenders could file tort claims against the Department
of Correction and/or recipient of the services for injury damages.
FISCAL IMPACT
There is no fiscal impact to the general fund for this statutory
revision.
Workers Compensation coverage, as quoted by the State Insurance
Fund, costs $.60 (60 cents) per work hour. All IDOC-directed
community service on supervised offenders will be directly paid by
the offender or the recipient organization. All voluntary community
service performed by Community Work Center residents will be paid by
the recipient organization or company.
Contact
Name: Jon Sowers
Phone: 658-2021
STATEMENT OF PURPOSE/FISCAL NOTE S 1393