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H0648aaS....................................by COMMERCE AND HUMAN RESOURCES WORKER'S COMPENSATION - Amends existing law relating to worker's compensation to provide that persons performing service in the course of the business of an employer are covered under private employment provisions; to revise the definition for "employment"; and to remove an exemption from coverage relating to employment not carried on by the employer for the sake of pecuniary gain. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Com/HuRes 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Barrett, Snodgrass, Mr. Speaker Floor Sponsor - Bradford Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Com/HuRes 03/08 Rpt out - to 14th Ord 03/14 Rpt out amen - to 1st rdg as amen 03/15 1st rdg - to 2nd rdg as amen 03/16 2nd rdg - to 3rd rdg as amen 03/20 3rd rdg as amen - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Marley Floor Sponsor - Broadsword Title apvd - to House 03/21 House concurred in Senate amens - to engros 03/22 Rpt engros - 1st rdg - to 2nd rdg as amen 03/23 2nd rdg - to 3rd rdg as amen 03/24 3rd rdg as amen - PASSED - 68-1-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Wood Absent and excused -- Clark Floor Sponsor - Bradford Title apvd - to enrol 03/27 Rpt enrol - Sp signed 03/28 Pres signed 03/29 To Governor 03/30 Governor signed Session Law Chapter 231 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 648 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-204, IDAHO CODE, TO 3 PROVIDE THAT PERSONS PERFORMING SERVICE IN THE COURSE OF THE BUSINESS OF 4 AN EMPLOYER ARE COVERED UNDER PRIVATE EMPLOYMENT PROVISIONS, TO REVISE THE 5 DEFINITION FOR "EMPLOYMENT" AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND- 6 ING SECTION 72-212, IDAHO CODE, TO REMOVE AN EXEMPTION FROM COVERAGE 7 RELATING TO EMPLOYMENT NOT CARRIED ON BY THE EMPLOYER FOR THE SAKE OF 8 PECUNIARY GAIN. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 72-204, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 72-204. PRIVATE EMPLOYMENT -- COVERAGE. The following shall constitute 13 employees in private employment and their employers subject to the provisions 14 of this law: 15 (1) A person performing service in the course of the trade, business, 16 profession or occupation of an employer. 17 (2) A person, including a minor, whether lawfully or unlawfully employed, 18 in the service of an employer under any contract of hire or apprenticeship, 19 express or implied, and all helpers and assistants of employees whether paid 20 by the employer or employee, if employed with the knowledge, actual or con- 21 structive, of the employer. 22 (3) An officer of a corporation. 23 (4) "Employment," in the case of private employers, includes employment 24 only inathat trade, business, profession or occupation which is normally 25 carried on by the employerfor the sake of pecuniary gainand also includes 26 any of the pursuits specified in section 72-212, Idaho Code, when the employer 27 shall have elected to come under the law as provided in section 72-213, Idaho 28 Code. 29 SECTION 2. That Section 72-212, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law 32 shall apply to the following employments unless coverage thereof is elected as 33 provided in section 72-213, Idaho Code. 34 (1) Household domestic service. 35 (2) Casual employment. 36 (3) Employment of outworkers. 37 (4) Employment of members of an employer's family dwelling in his house- 38 hold. 39 (5) Employment of members of an employer's family not dwelling in his 40 household if the employer is the owner of a sole proprietorship, provided the 41 family member has filed with the commission a written declaration of his elec- 2 1 tion for exemption from coverage. For the purposes of this subsection, "member 2 of an employer's family" means a natural person or the spouse of a natural 3 person who is related to the employer by blood, adoption or marriage within 4 the first degree of consanguinity or a grandchild or the spouse of a grand- 5 child. 6 (6)Employment which is not carried on by the employer for the sake of7pecuniary gain.8(7)Employment as the owner of a sole proprietorship; employment of a 9 working member of a partnership or a limited liability company; employment of 10 an officer of a corporation who at all times during the period involved owns 11 not less than ten percent (10%) of all of the issued and outstanding voting 12 stock of the corporation and, if the corporation has directors, is also a 13 director thereof. 14 (87) Employment for which a rule of liability for injury, occupational 15 disease, or death is provided by the laws of the United States. 16 (98) Employment as a pilot of an aircraft, while actually operating an 17 aircraft for the purpose of applying fertilizers or pesticides to agricultural 18 crops, shall be exempt from the provisions of the worker's compensation law, 19 provided that: 20 (a) The industrial commission has issued to the agent submitting the pol- 21 icy, written approval of a policy of insurance that will provide benefits 22 in an amount of not less than: twenty-five thousand dollars ($25,000) 23 accidental death and dismemberment, ten thousand dollars ($10,000) medical 24 expense payments, and five hundred dollars ($500) per month disability 25 income for a minimum of forty-eight (48) months; and 26 (b) Once the policy has been approved by the industrial commission, proof 27 of coverage for the specified pilot has been filed with the commission 28 prior to the pilot actually operating an aircraft. 29 Provided however, the agent issuing the policy shall obtain approval of the 30 policy of insurance, and proof of coverage for each pilot insured under the 31 policy shall be filed with the commission, each calendar year. The exemption 32 shall be effective on the date the commission receives proof of coverage for 33 the specified pilot, but no earlier than the date written approval of the pol- 34 icy was issued by the commission. 35 (109) Associate real estate brokers and real estate salesmen. Service 36 performed by an individual for a real estate broker as an associate real 37 estate broker or as a real estate salesman, if all such service performed by 38 such individual for such person is performed for remuneration solely by way of 39 commission. 40 (110) Volunteer ski patrollers. 41 (121) Officials of athletic contests involving secondary schools, as 42 defined in section 33-119, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Broadsword Seconded by Goedde IN THE SENATE SENATE AMENDMENT TO H.B. NO. 648 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 24, delete "normally".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 648, As Amended in the Senate BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-204, IDAHO CODE, TO 3 PROVIDE THAT PERSONS PERFORMING SERVICE IN THE COURSE OF THE BUSINESS OF 4 AN EMPLOYER ARE COVERED UNDER PRIVATE EMPLOYMENT PROVISIONS, TO REVISE THE 5 DEFINITION FOR "EMPLOYMENT" AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND- 6 ING SECTION 72-212, IDAHO CODE, TO REMOVE AN EXEMPTION FROM COVERAGE 7 RELATING TO EMPLOYMENT NOT CARRIED ON BY THE EMPLOYER FOR THE SAKE OF 8 PECUNIARY GAIN. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 72-204, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 72-204. PRIVATE EMPLOYMENT -- COVERAGE. The following shall constitute 13 employees in private employment and their employers subject to the provisions 14 of this law: 15 (1) A person performing service in the course of the trade, business, 16 profession or occupation of an employer. 17 (2) A person, including a minor, whether lawfully or unlawfully employed, 18 in the service of an employer under any contract of hire or apprenticeship, 19 express or implied, and all helpers and assistants of employees whether paid 20 by the employer or employee, if employed with the knowledge, actual or con- 21 structive, of the employer. 22 (3) An officer of a corporation. 23 (4) "Employment," in the case of private employers, includes employment 24 only inathat trade, business, profession or occupation which is carried on 25 by the employerfor the sake of pecuniary gainand also includes any of the 26 pursuits specified in section 72-212, Idaho Code, when the employer shall have 27 elected to come under the law as provided in section 72-213, Idaho Code. 28 SECTION 2. That Section 72-212, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law 31 shall apply to the following employments unless coverage thereof is elected as 32 provided in section 72-213, Idaho Code. 33 (1) Household domestic service. 34 (2) Casual employment. 35 (3) Employment of outworkers. 36 (4) Employment of members of an employer's family dwelling in his house- 37 hold. 38 (5) Employment of members of an employer's family not dwelling in his 39 household if the employer is the owner of a sole proprietorship, provided the 40 family member has filed with the commission a written declaration of his elec- 41 tion for exemption from coverage. For the purposes of this subsection, "member 2 1 of an employer's family" means a natural person or the spouse of a natural 2 person who is related to the employer by blood, adoption or marriage within 3 the first degree of consanguinity or a grandchild or the spouse of a grand- 4 child. 5 (6)Employment which is not carried on by the employer for the sake of6pecuniary gain.7(7)Employment as the owner of a sole proprietorship; employment of a 8 working member of a partnership or a limited liability company; employment of 9 an officer of a corporation who at all times during the period involved owns 10 not less than ten percent (10%) of all of the issued and outstanding voting 11 stock of the corporation and, if the corporation has directors, is also a 12 director thereof. 13 (87) Employment for which a rule of liability for injury, occupational 14 disease, or death is provided by the laws of the United States. 15 (98) Employment as a pilot of an aircraft, while actually operating an 16 aircraft for the purpose of applying fertilizers or pesticides to agricultural 17 crops, shall be exempt from the provisions of the worker's compensation law, 18 provided that: 19 (a) The industrial commission has issued to the agent submitting the pol- 20 icy, written approval of a policy of insurance that will provide benefits 21 in an amount of not less than: twenty-five thousand dollars ($25,000) 22 accidental death and dismemberment, ten thousand dollars ($10,000) medical 23 expense payments, and five hundred dollars ($500) per month disability 24 income for a minimum of forty-eight (48) months; and 25 (b) Once the policy has been approved by the industrial commission, proof 26 of coverage for the specified pilot has been filed with the commission 27 prior to the pilot actually operating an aircraft. 28 Provided however, the agent issuing the policy shall obtain approval of the 29 policy of insurance, and proof of coverage for each pilot insured under the 30 policy shall be filed with the commission, each calendar year. The exemption 31 shall be effective on the date the commission receives proof of coverage for 32 the specified pilot, but no earlier than the date written approval of the pol- 33 icy was issued by the commission. 34 (109) Associate real estate brokers and real estate salesmen. Service 35 performed by an individual for a real estate broker as an associate real 36 estate broker or as a real estate salesman, if all such service performed by 37 such individual for such person is performed for remuneration solely by way of 38 commission. 39 (110) Volunteer ski patrollers. 40 (121) Officials of athletic contests involving secondary schools, as 41 defined in section 33-119, Idaho Code.
STATEMENT OF PURPOSE RS 15347 Eliminates the "Not for Pecuniary Gain" exemption from the Workers' Compensation Law. Idaho is the only state that has retained this broad exemption in its workers' compensation law. The Idaho Supreme Court in State v. Bible Missionary Church, Inc., broadened the definition of "pecuniary gain" in a way that extends this exemption to all businesses with employees that do not engage in commercial transactions where money is received in direct payment for the goods or services provided to the public. This new court interpretation will result in many more Idaho workers being without workers' compensation coverage. Elimination of this exemption will ensure that these Idaho workers and their families will continue to be protected by the Workers' Compensation Law. It will also reinforce the continuing requirement that all covered private employment must still be conducted in the service of the normal trade, business, profession or occupation of the employer. FISCAL NOTE These amendments will have no fiscal impact on the General Fund or Dedicated Funds. CONTACT Name: Mindy Montgomery Agency: Industrial Commission Phone: 334-6059 STATEMENT OF PURPOSE/FISCAL NOTE H 648