SB513 (2010) Detail

Relative to incarcerated persons receiving workers' compensation.


SB 513 – AS AMENDED BY THE SENATE

03/24/10 1128s

2010 SESSION

10-2952

04/03

SENATE BILL 513

AN ACT relative to incarcerated persons receiving workers’ compensation.

SPONSORS: Sen. Bragdon, Dist 11; Rep. Daniels, Hills 6

COMMITTEE: Commerce, Labor and Consumer Protection

AMENDED ANALYSIS

This bill permits an incarcerated person to receive workers’ compensation benefits provided the payments are made to the incarcerated person’s spouse or dependent children.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/24/10 1128s

10-2952

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to incarcerated persons receiving workers’ compensation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Workers’ Compensation; Incarceration of Certain Persons. Amend RSA 281-A:3-a to read as follows:

281-A:3-a Incarceration of Certain Persons. Notwithstanding any provision of law to the contrary, an employee who has become incarcerated pursuant to a conviction shall forfeit any right to workers’ compensation indemnity benefits 30 days after incarceration for the remaining period of incarceration unless the work injury continues to render the employee totally disabled under RSA 281-A:28 or RSA 281-A:28-a, and such benefits are paid to the incarcerated person’s spouse or dependent children.

2 Applicability. Section 1 of this act shall apply to any person who is incarcerated as of the effective date of this act or thereafter. Section 1 of this act shall not be construed to require retroactive payment of benefits for any period of the incarceration preceding the effective date of this act.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

10-2952

Amended 03/31/10

SB 513 FISCAL NOTE

AN ACT relative to incarcerated persons receiving workers’ compensation.

FISCAL IMPACT:

      The Department of Labor states this bill, as amended by the Senate (Amendment #2010-1128s), will increase state, county and local expenditures by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on state, county and local revenue.

METHODOLOGY:

    The Department of Labor states this bill allows an incarcerated person to receive workers’ compensation benefits provided the payments are made to the incarcerated person’s spouse or dependent children. The Department states as employers, the state, county and local governments will be impacted by this bill. However, the Department is not able to determine how many injured state, county or local employees receiving workers’ compensation will be incarcerated to estimate the fiscal impact on expenditures.