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S1371.......................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law relating to worker's
compensation to revise provisions relating to those persons deemed as
dependents and entitled to certain income benefits; and to provide that
income benefits for death shall be payable to certain children enrolled as
students in accredited educational institutions or accredited vocational
training programs.
02/10 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Com/HuRes
02/17 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Pearce
Floor Sponsor - Werk
Title apvd - to House
02/24 House intro - 1st rdg - to Com/HuRes
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Kemp, Lake,
LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Bastian, Black, Crow, Deal, Jaquet, Snodgrass,
Wood
Floor Sponsor - Garrett
Title apvd - to Senate
03/17 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/21 To Governor
03/24 Governor signed
Session Law Chapter 186
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1371
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-410, IDAHO CODE, TO
3 REVISE PROVISIONS RELATING TO THOSE PERSONS DEEMED AS DEPENDENTS AND ENTI-
4 TLED TO CERTAIN INCOME BENEFITS; AND AMENDING SECTION 72-412, IDAHO CODE,
5 TO CLARIFY THE APPLICATION OF CERTAIN PROVISIONS RELATING TO INCOME BENE-
6 FITS FOR DEATH, TO PROVIDE THAT INCOME BENEFITS FOR DEATH SHALL BE PAYABLE
7 TO CERTAIN CHILDREN ENROLLED AS STUDENTS IN ACCREDITED EDUCATIONAL INSTI-
8 TUTIONS OR ACCREDITED VOCATIONAL TRAINING PROGRAMS, TO PROVIDE A RESTRIC-
9 TION ON A SPECIFIED EXTENSION OF BENEFITS AND TO MAKE A TECHNICAL CORREC-
10 TION.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 72-410, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 72-410. DEPENDENTS. The following persons, and they only, shall be deemed
15 dependents and entitled to income benefits under the provisions of this act:
16 (1) A child: if under eighteen (18) years of age, or incapable of self-
17 support and unmarried, whether or not actually dependent upon the deceased or
18 disabled employee.
19 (a) Under eighteen (18) years of age, or incapable of self-support and
20 unmarried, whether or not actually dependent upon the deceased employee;
21 (b) Under twenty-three (23) years of age if a full-time student and as
22 provided for in section 72-412(3), Idaho Code.
23 (2) The widow or widower only if living with the deceased or living apart
24 from the deceased for justifiable cause, or actually dependent, wholly or par-
25 tially, upon the deceased.
26 (3) A parent or grandparent only if actually dependent, wholly or par-
27 tially, upon the deceased.
28 (4) A grandchild, brother or sister only if under eighteen (18) years of
29 age, or incapable of self-support, and actually dependent wholly upon the
30 deceased.
31 SECTION 2. That Section 72-412, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 72-412. PERIODS OF INCOME BENEFITS FOR DEATH. The income benefits for
34 death herein provided for shall be payable during the following periods:
35 (1) To a widow or widower, until death or remarriage, but in no case to
36 exceed five hundred (500) weeks.
37 (2) Unless as otherwise provided in subsection (3) of this section, tTo
38 or for a child, until eighteen (18) years of age, and if incapable of self-
39 support after age eighteen (18) years for an additional period not to exceed
40 five hundred (500) weeks, deducting the period benefits which were paid prior
41 to eighteen (18) years of age. Provided, income benefits payable to or for any
2
1 child shall cease when such child marries.
2 (3) To or for a child after age eighteen (18) years who is enrolled as a
3 full-time student in any accredited educational institution, or accredited
4 vocational training program, until such child ceases to be so enrolled or
5 reaches the age of twenty-three (23) years, whichever occurs first. Provided,
6 in the event the child reaches the age of twenty-three (23) years during the
7 quarter or semester in which the child is enrolled, benefits shall continue
8 until the completion of the quarter or semester in which the child reached the
9 age of twenty-three (23) years. This extension of benefits to the age of
10 twenty-three (23) years shall not apply if the accident causing the injury or
11 manifestation of the occupational disease occurred prior to December 31, 2006.
12 (4) To a parent or grandparent, during the continuation of a condition of
13 actual dependency, but in no case to exceed five hundred (500) weeks.
14 (45) To or for a grandchild, brother or sister, during dependency as
15 hereinbefore defined, but in no case to exceed five hundred (500) weeks.
16 (56) In case death occurs after a period of disability, either total or
17 partial, the period of disability shall be deducted from the total periods of
18 compensation respectively stated in this section.
STATEMENT OF PURPOSE
RS15597
Extends death benefits for children of workers whose death has
been caused by a compensable accident or occupational disease
if the child is a full time student in an accredited
educational institution or accredited vocational training
program to age 23. Under the current statute benefits to
children cease when the child attains 18 years of age.
FISCAL IMPACT
These amendments will have no impact on the General Fund or
Dedicated Funds.
CONTACT
Name: Senator John C. Andreason
Representative Kathie Garrett
STATEMENT OF PURPOSE/FISCAL NOTE S 1371