§ 72-928 — INSURANCE BY PUBLIC CORPORATIONS — PROVISION FOR IDAHO NATIONAL GUARD

Idaho § 72-928

• Jurisdiction: Idaho
• Title 72: WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION
• Ch. 9: STATE INSURANCE FUND

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(a) A public corporation may insure against its liability for compensation with the state insurance fund and not with any other insurance carrier, unless such fund shall refuse to accept the risk when the application for insurance is made: Provided however that the benefits secured by section 72-205 (6), Idaho Code, to members of the Idaho national guard while on duty shall be secured in the manner prescribed in subsections (b) and (c) of this section; and provided further that the restrictions of this section shall not apply to any governmental hospital whose operation is financed primarily by patient care revenue.
(b) All claims for compensation against the Idaho national guard accruing on or after March 5, 1949, under the provisions of title 72, Idaho Code, on account of members of the Idaho national guard while on duty shall be deemed secured by the state insurance fund, and payment thereof shall be made to claimants entitled thereto in accordance with the provisions of title 72, Idaho Code, in the same manner and amount as any other employment insured by the state insurance fund. The manager of the state insurance fund shall service all claims as though they were insured claims and not require payment of any premium as a condition of securing the liability of the Idaho national guard, but the state insurance fund shall, in lieu of any premium, be reimbursed, as provided in subsection (c) of this section, for moneys paid out on account of the liability of the Idaho national guard. Nothing in this subsection shall be construed to amend or modify any substantive provision of this title. No charge shall be made by the fund for administration of the guard’s liability hereunder.
(c) Commencing on July 1, 1950, and quarterly thereafter, the manager of the state insurance fund shall prepare in the form of a claim an itemized statement of all moneys paid out by the fund pursuant to subsection (b) of this section during the quarter concerned on account of the liability as an employer of Idaho national guard. Such statement shall list the amount of payments made and to whom and on whose account such payments are made, and shall be forwarded to the adjutant general of the state, who shall endorse thereon his approval of the statement and forward the same to the board of examiners. The board of examiners shall examine such claim, and if the board finds the claim in accordance with law, the board shall order the state treasurer to pay to the state insurance fund an amount equal to the total sum of moneys paid out as set forth in such statement. There is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, a sum of money sufficient to meet these quarterly claims as they are from time to time presented.
(d) For the purposes of this section, the term "public corporation" shall not include any single-purpose district organized or that may be organized as a local public body in accordance with the laws of the state of Idaho for the purpose of constructing or furnishing any municipal service. For the purposes of this section, a "public corporation" includes a city, county, and school district. The provisions of this subsection shall be null, void, and of no force and effect on and after July 1, 2030. Prior to July 1, 2030, the legislature may evaluate the effectiveness of the provisions of this subsection, including whether to remove this subsection or revise the definition of "public corporation" provided in this subsection to include cities, counties, and school districts.

Legislative History

[72-928, added 1917, ch. 81, sec. 107, p. 252; reen. C.L. 256:107; C.S., sec. 6316; I.C.A., sec. 43-1728; am. 1950 (E.S.), ch. 79, sec. 2, p. 106; am. 1977, ch. 118, sec. 1, p. 253; am. 2025, ch. 105, sec. 2, p. 563.]