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S1410................................................by JUDICIARY AND RULES WORKER'S COMPENSATION - Amends existing law to exempt officials of athletic contests involving municipal recreation programs from worker's compensation coverage. 02/20 Senate intro - 1st rdg - to printing 02/21 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1410 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO EXEMPTION FROM WORKER'S COMPENSATION COVERAGE; AMENDING SECTION 3 72-212, IDAHO CODE, TO EXEMPT OFFICIALS OF ATHLETIC CONTESTS INVOLVING 4 MUNICIPAL RECREATION PROGRAMS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 72-212, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law 9 shall apply to the following employments unless coverage thereof is elected as 10 provided in section 72-213, Idaho Code. 11 (1) Household domestic service. 12 (2) Casual employment. 13 (3) Employment of outworkers. 14 (4) Employment of members of an employer's family dwelling in his house- 15 hold. 16 (5) Employment of members of an employer's family not dwelling in his 17 household if the employer is the owner of a sole proprietorship, provided the 18 family member has filed with the commission a written declaration of his elec- 19 tion for exemption from coverage. For the purposes of this subsection, "member 20 of an employer's family" means a natural person or the spouse of a natural 21 person who is related to the employer by blood, adoption or marriage within 22 the first degree of consanguinity or a grandchild or the spouse of a grand- 23 child. 24 (6) Employment which is not carried on by the employer for the sake of 25 pecuniary gain. 26 (7) Employment as the owner of a sole proprietorship; employment of a 27 working member of a partnership or a limited liability company; employment of 28 an officer of a corporation who at all times during the period involved owns 29 not less than ten percent (10%) of all of the issued and outstanding voting 30 stock of the corporation and, if the corporation has directors, is also a 31 director thereof. 32 (8) Employment for which a rule of liability for injury, occupational 33 disease, or death is provided by the laws of the United States. 34 (9) Employment as a pilot of an aircraft, while actually operating an 35 aircraft for the purpose of applying fertilizers or pesticides to agricultural 36 crops, shall be exempt from the provisions of the worker's compensation law, 37 provided that: 38 (a) The industrial commission has issued to the agent submitting the pol- 39 icy, written approval of a policy of insurance that will provide benefits 40 in an amount of not less than: twenty-five thousand dollars ($25,000) 41 accidental death and dismemberment, ten thousand dollars ($10,000) medical 42 expense payments, and five hundred dollars ($500) per month disability 43 income for a minimum of forty-eight (48) months; and 2 1 (b) Once the policy has been approved by the industrial commission, proof 2 of coverage for the specified pilot has been filed with the commission 3 prior to the pilot actually operating an aircraft. 4 Provided however, the agent issuing the policy shall obtain approval of the 5 policy of insurance, and proof of coverage for each pilot insured under the 6 policy shall be filed with the commission, each calendar year. The exemption 7 shall be effective on the date the commission receives proof of coverage for 8 the specified pilot, but no earlier than the date written approval of the 9 policy was issued by the commission. 10 (10) Associate real estate brokers and real estate salesmen. Service per- 11 formed by an individual for a real estate broker as an associate real estate 12 broker or as a real estate salesman, if all such service performed by such 13 individual for such person is performed for remuneration solely by way of com- 14 mission. 15 (11) Volunteer ski patrollers. 16 (12) Officials of athletic contests involving secondary schools, as 17 defined in section 33-119, Idaho Code, and officials of athletic contests 18 involving municipal recreation programs.
STATEMENT OF PURPOSE RS 16052 The purpose of this legislation is to clarify the workers compensation status of referees and umpires involved in municipal recreation leagues. This legislation will provide the same exemption for officials of municipal athletic contests as currently exists for officials of school sports programs. FISCAL IMPACT There will be significant savings to participants of municipal recreation programs. As an example, the workers compensation rates are the same for officials of youth football and youth hockey as they are for officials of an NFL or NHL game. The 2005 rate for officials for contact sports was $67.54 per $100 of payroll. This rate is much higher than the rate for police or firefighters. This adds tens of thousands of dollars to the costs of municipal sports programs. These costs are borne by the participants or city taxpayers. Thus, this legislation will result in a substantial cost saving. Contacts: Sen. John Andreason, 332-1333 Sen. Edgar Malepeai, 332-1409 Rep. Kathie Garrett, 332-1000 Rep. Anne Pasley-Stuart, 332-1000 Kent Rock, City of Boise, 384-3784 STATEMENT OF PURPOSE/FISCAL NOTE S 1410