ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 505
(Senator Unger, original sponsor)
____________
[Passed March 11, 2000; to take effect June 1, 2000.]
____________
AN ACT 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; and
to amend article twelve, chapter thirty-one-b
of said code
by adding thereto a new section, designated
section one thousand two hundred seven, all relating to
workers' compensation; 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; establishing wage rate
for purpose of providing minimum
benefits to employers and
employees subject to workers' compensation coverage;
providing equivalent workers compensation treatment for the
members of limited liability companies; providing that
members and managers of limited liability companies may
elect to include or exclude coverage under workers'
compensation and pay premiums as partners in a partnership;
and providing transition elections.
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; and that
article twelve, chapter thirty-one-b of said
code be amended by adding thereto a new section, designated
section one thousand two hundred seven, all to read as follows:
CHAPTER 18. EDUCATION.
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, chapter
twenty-three of this code.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
ARTICLE 12. MISCELLANEOUS PROVISIONS.
§31B-12-1207. Equality of workers' compensation treatment.
Members of limited liability companies which are treated as
partnerships for federal income tax purposes may elect to forego
coverage under workers' compensation in the same manner as
partners in a partnership pursuant to the provisions of section
one-a, article two, chapter twenty-three of this code, and any
member not electing to forego coverage, shall be subject to the
calculation of premium on the member as provided for partners in
a partnership in section one-b, article two, chapter twenty-three
of this code. Any limited liability company excluding any member
from workers compensation coverage or computing premiums on such
member as a partner prior to the effective date of this section
is deemed to have made an effective election in accordance with
the provisions of this section for all periods until such limited
liability company modifies the election.