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H0679....................................................by HUMAN RESOURCES
WORKER'S COMPENSATION - EXEMPTIONS - Amends existing law to expand the
exemptions to worker's compensation coverage to employment of family
members of exempt owners of a business and to provide application of the
exemption to employment of grantors, beneficiaries or trustees of a trust.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to HuRes
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Chase, Clark, Crow, Cuddy,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Newcomb, Pischner,
Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali, Schaefer,
Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail,
Watson, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Callister, Campbell, Crane, Deal, Geddes,
Jones(22), Mortensen, Mr Speaker
Floor Sponsor - Field(20)
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Com/HuRes
03/11 Rpt out - to 14th Ord
03/18 Rpt out w/o amens - to Com/HuRes
H0679|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 679 BY HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO EXEMPTIONS FROM COVERAGE OF WORKER'S COMPENSATION LAWS; AMENDING 3 SECTION 72-212, IDAHO CODE, TO EXPAND THE EXEMPTIONS TO COVERAGE TO 4 EMPLOYMENT OF FAMILY MEMBERS OF EXEMPT OWNERS OF A BUSINESS AND TO PROVIDE 5 APPLICATION OF THE EXEMPTION TO EMPLOYMENT OF GRANTORS, BENEFICIARIES OR 6 TRUSTEES OF A TRUST. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 72-212, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law 11 shall apply to the following employments unless coverage thereof is elected as 12 provided in section 72-213, Idaho Code. 13 (1) Household domestic service. 14 (2) Casual employment. 15 (3) Employment of outworkers. 16 (4) Employment of members of an employer's family dwelling in his house- 17 hold and employment of family members of the exempt owners of a busi- 18 ness, other than a sole proprietor, as described and provided in subsection 19 (7) of this section, as long as the family members dwell in the same household 20 as the exempt owners of the business . 21 (5) Employment of members of an employer's family not dwelling in his 22 household if the employer is the owner of a sole proprietorship or if 23 the employer is an exempt owner of a business, other than a sole proprietor, 24 as described and provided for by subsection (7) of this section , pro- 25 vided the family member has filed with the commission a written declaration of 26 his election for exemption from coverage. For the purposes of this subsection, 27 "member of an employer's family" means a natural person or the spouse of a 28 natural person who is related to the employer by blood, adoption or marriage 29 within the first degree of consanguinity. 30 (6) Employment which is not carried on by the employer for the sake of 31 pecuniary gain. 32 (7) Employment as the owner of a sole proprietorship; employment of a 33 working member of a partnership or a limited liability company; employment of 34 an officer of a corporation who at all times during the period involved owns 35 not less than ten percent (10%) of all of the issued and outstanding voting 36 stock of the corporation and, if the corporation has directors, is also a 37 director thereof ; employment of grantors, beneficiaries or trustees of a 38 trust . 39 (8) Employment for which a rule of liability for injury, occupational 40 disease, or death is provided by the laws of the United States. 41 (9) Pilots of agricultural spraying or dusting planes. Employment as a 42 pilot of an aircraft, used to apply fertilizers and pesticides to agricultural 43 crops, when actually operating an aircraft, shall be exempt from the provi- 2 1 sions of the worker's compensation law, if: the employer files with, and has 2 written approval by, the industrial commission, prior to employing a pilot for 3 the purpose of engaging in the application of pesticides to agricultural crops 4 by aircraft, proof of coverage of an insurance policy that will provide to the 5 employed pilot of such aircraft while actually operating an aircraft, benefits 6 in an amount of not less than: twenty-five thousand dollars ($25,000) acciden- 7 tal death and dismemberment, ten thousand dollars ($10,000) medical expense 8 payments, and five hundred dollars ($500) per month disability income for a 9 minimum of forty-eight (48) months. 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.
STATEMENT OF PURPOSE
RS07885C1
The purpose of this legislation is to provide for the exemption of
the named Grantor(s), Trustee(s), and Beneficiary(s) of trusts
from workers compensation coverage; to provide for the exemption
from workers compensation coverage of household family members of
the exempt owners of corporations, partnerships, Limited Liability
Companies (LLC's), and Trusts as described in Subsection 7 of
72-212, I.C.; and to further provide that certain non-household
family members of the exempt owners of corporations, partnerships,
LLC's and Trusts may elect to be exempt from workers compensation
coverage by filing an election for exemption with the Industrial
Commission.
FISCAL NOTE
NONE
CONTACT: Representative Frances Field
332-1170
STATEMENT OF PURPOSE/ FISCAL NOTEBill No.
H 679