CHAPTER 231
SB 60-FN – FINAL VERSION
2007 SESSION
09/04
SENATE BILL 60-FN
AN ACT relative to compensations for injuries and illnesses suffered by national guard members on state active duty.
SPONSORS: Sen. Barnes, Dist 17; Sen. Burling, Dist 5; Sen. Gatsas, Dist 16; Sen. Letourneau, Dist 19; Sen. Kenney, Dist 3; Rep. Bishop, Rock 2; Rep. B. Shaw, Hills 16; Rep. Coughlin, Hills 4; Rep. Kjellman, Merr 5
COMMITTEE: Commerce, Labor and Consumer Protection
This bill permits a national guard member on state active duty who sustains an injury which falls within the definition of “injury” or “personal injury” under RSA 281-A, to receive state workers’ compensation benefits. The bill also requires the state to pay or reimburse the costs of necessary medical treatment to national guard members on state active duty who become ill or whose injuries do not fall within the definition of the workers’ compensation law.
This bill was requested by the committee to study state programs for national guard members established by 2006, 66 (SB 344).
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0162
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to compensations for injuries and illnesses suffered by national guard members on state active duty.
Be it Enacted by the Senate and House of Representatives in General Court convened:
231:1 National Guard; Compensation for Injuries and Illnesses. RSA 110-B:66 is repealed and reenacted to read as follows:
110-B:66 Compensation for Injuries and Illness.
I. Any member of the national guard serving on state active duty pursuant to this chapter, within or without the state, who, while serving on state active duty, sustains an “injury” or “personal injury,” as defined in RSA 281-A, shall be entitled to receive benefits pursuant to RSA 281-A.
II. Members of the national guard on state active duty who become ill or whose injuries do not fall within the definition of RSA 281-A shall receive appropriate medical attention and treatment. If the member does not have health insurance, the state shall pay the cost of necessary medical treatment during the period of state active duty. In the event that the individual has health insurance, the state shall reimburse the individual for all expenses that are the responsibility of the individual incurred in the treatment of the condition during the period of state active duty.
III. Members unable to return to their civilian employment by reason of an injury or illness that occurred on state active duty may be retained on state active duty for a period of time, which shall normally not exceed 30 days.
IV. The governor is hereby authorized to draw a warrant for sums sufficient to pay for awards made under this section out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated.
231:2 New Subparagraph; Workers’ Compensation; Definition of Employee. Amend RSA 281-A:2, VII(a) by inserting after subparagraph (6) the following new subparagraph:
(7) Any member of the New Hampshire national guard while on state active duty.
231:3 New Paragraph; Workers’ Compensation; Average Weekly Wage for National Guard Members. Amend RSA 281-A:15 by inserting after paragraph IV the following new paragraph:
V. The average weekly wage for national guard members shall be computed in accordance with this section, except that national guard members who are unemployed when called to state duty shall be compensated based upon their national guard rate of pay calculated in accordance with RSA 110-B:37.
231:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 25, 2007
Effective: August 24, 2007