ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 505
(By Senator Unger)
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[Originating in the Committee on Judiciary;
reported February 22, 2000.]
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A BILL to amend article ten-a, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve-a, relating to workers' compensation coverage for
clients of the division of rehabilitation services
participating in unpaid work-based training programs;
requiring annual report to the division of rehabilitation
services; designating division of rehabilitation services
and the participating entity as the employers; providing
participating entities with immunity from liability to the
division of workers' compensation; and establishing wage
rate for purpose of providing minimum benefits.
Be it enacted by the Legislature of West Virginia:
That article ten-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve-a, to read as follows:
ARTICLE 10A. REHABILITATION SERVICES.
§18-10A-12a. Workers' compensation for clients participating in
unpaid work-based training programs.
(a) The workers' compensation division shall create a
classification and calculate a base premium tax rate for clients
of the division of rehabilitation services participating in
unpaid work-based training programs within integrated community-
based settings. The workers' compensation division shall report
to the division of rehabilitation services:
(1) The amount of the base premium tax rate for the class;
and
(2) The hourly wages per client to be used to provide the
minimum weekly benefits required by section six, article four,
chapter twenty-three of this code.
(b) The base premium tax rate reported annually to the
division of rehabilitation services by the workers' compensation
division shall not be effective until the first day of July, and
shall remain in effect through the last day of the next June.
(c) The division of rehabilitation services and the
participating entity shall be considered the joint employers of
record of the clients while the clients are participating in
unpaid work-based training programs in integrated community-based
settings: Provided, That the participating entity shall not be
held responsible for any liability due the workers' compensation
division. Such clients shall be considered to be paid the amount
of wages sufficient to provide the minimum workers' compensation
weekly benefits required by section six, article four of chapter
twenty-three of this code.