Senate Bill No. 505

(By Senator Unger)

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[Introduced February 16, 2000; referred to the Committee on the Judiciary.]
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A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-m; and to amend and reenact section one-a, article two, chapter twenty-three of said code, all relating to providing workers' compensation coverage for clients of the division of rehabilitation services participating in work-based training programs.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten-m; and that section one-a, article two, chapter twenty-three of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 10M. WORKERS' COMPENSATION COVERAGE OF WORK-BASED TRAINING PROGRAM.

§18-10M-1. Allowance for workers' compensation for division of rehabilitation services 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 effective the first day of September of the year two thousand participating in an unpaid work-based training program within an integrated community based setting. The workers' compensation division shall report annually to the division of rehabilitation services:
(1) The amount of the base premium tax rate for the class; and
(2) The amount of 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 to the division of rehabilitation services by the workers' compensation division shall be that which was published prior to the first day of the immediately preceding July. That premium tax rate, however, shall not be implemented by the workers' compensation division until the first day of July of every year and shall remain in effect through the last day of the next June. The workers' compensation division shall make no merit rate adjustment, as otherwise provided for in paragraph (A), subdivision (1), subsection (a), section four, article two, chapter twenty-three of this code, for the members of the class required to be created by subsection (a) of this section.
CHAPTER 23. WORKERS' COMPENSATION.

ARTICLE 2. EMPLOYERS AMD EMPLOYEES SUBJECT TO CHAPTER: EXTRATERRITORIAL COVERAGE.
§23-2-1a. Employees subject to chapter.
(a) Employees subject to this chapter are all persons in the service of employers and employed by them for the purpose of carrying on the industry, business, service or work in which they are engaged, including, but not limited to:
(1) Persons regularly employed in the state whose duties necessitate employment of a temporary or transitory nature by the same employer without the state;
(2) Every person in the service of the state or of any political subdivision or agency thereof, under any contract of hire, express or implied, and every appointed official or officer thereof while performing his or her official duties;
(3) Checkweighmen employed according to law;
(4) All members of rescue teams assisting in mine accidents with the consent of the owner who, in such case, shall be deemed is the employer, or at the direction of the director of the department of mines;
(5) All forest firefighters who, under the supervision of the director of the department of natural resources or his or her designated representative, assist in the prevention, confinement and suppression of any forest fire; and
(6) Students while participating in a work-based learning experience with an employer approved as a part of the curriculum by the county board. The county board shall be the employer of record of students while participating in unpaid work-based experiences off school premises with employers other than the county board. Students in unpaid work-based learning experiences shall be considered to be paid the amount of wages so as to provide the minimum workers' compensation weekly benefits required by section six, article four of this chapter; and
(7) Clients of the division of rehabilitation services who are participating in work-based training experiences with an employer approved as a part of their rehabilitation plan. The division of rehabilitation services shall be the employer of record of the clients while participating in unpaid work-based experiences in an integrated community based setting. Clients in unpaid work-based training experiences shall be considered to be paid the amount of wages so as to provide the minimum workers' compensation weekly benefits required by section six, article four of this chapter.
(b) The right to receive compensation under this chapter shall not be affected by the fact that a minor is employed or is permitted to be employed in violation of the laws of this state relating to the employment of minors, or that he or she obtained his or her employment by misrepresenting his or her age.


NOTE: The purpose of this bill is to provide for workers' compensation coverage for clients of the division of rehabilitation services participating in work-based training programs.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Article 10m is new; therefore, strike-throughs and underscoring have been omitted.