1999 Legislation
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HOUSE BILL NO. 229 – Workers comp, empl grandchild exmpt

HOUSE BILL NO. 229

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Daily Data Tracking History



H0229.......................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law to provide that the employer's
grandchild or spouse of a grandchild may elect to be exempt from coverage
of worker's compensation.

02/12    House intro - 1st rdg - to printing
02/15    Rpt prt - to Com/HuRes
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 60-1-9
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
      Callister, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
      Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
      Limbaugh, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Robison,
      Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stone,
      Taylor(Taylor), Tilman, Tippets, Watson, Wheeler, Williams, Wood,
      Zimmermann
      NAYS -- Ringo
      Absent and excused -- Boe, Campbell, Gould, Hansen(29), Kellogg,
      Linford, Stoicheff, Trail, Mr Speaker
    Floor Sponsor - Ridinger
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Com/HuRes
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Parry
    Floor Sponsor - Branch
    Title apvd - to House
03/17    To enrol
03/18    Rpt enrol - Sp signed - Pres signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 214
         Effective: 07/01/99

Bill Text


H0229


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 229

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO WORKER'S COMPENSATION; AMENDING SECTION  72-212,  IDAHO  CODE,  TO
 3        PROVIDE THAT THE EMPLOYER'S GRANDCHILD OR SPOUSE OF A GRANDCHILD MAY ELECT
 4        TO BE EXEMPT FROM COVERAGE.

 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
23    grandchild .
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)  Pilots of agricultural spraying or dusting planes.  Employment  as  a
35    pilot of an aircraft, used to apply fertilizers and pesticides to agricultural
36    crops,  when  actually  operating an aircraft, shall be exempt from the provi-
37    sions of the worker's compensation law, if: the employer files with,  and  has
38    written approval by, the industrial commission, prior to employing a pilot for
39    the purpose of engaging in the application of pesticides to agricultural crops
40    by aircraft, proof of coverage of an insurance policy that will provide to the
41    employed pilot of such aircraft while actually operating an aircraft, benefits
42    in an amount of not less than: twenty-five thousand dollars ($25,000) acciden-
43    tal  death  and  dismemberment, ten thousand dollars ($10,000) medical expense


                                          2

 1    payments, and five hundred dollars ($500) per month disability  income  for  a
 2    minimum of forty-eight (48) months.
 3        (10) Associate  real estate brokers and real estate salesmen. Service per-
 4    formed by an individual for a real estate broker as an associate  real  estate
 5    broker  or  as  a  real estate salesman, if all such service performed by such
 6    individual for such person is performed for remuneration solely by way of com-
 7    mission.
 8        (11) Volunteer ski patrollers.
 9        (12) Officials  of  athletic  contests  involving  secondary  schools,  as
10    defined in section 33-119, Idaho Code.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                              RS08753

The purpose of this legislation is to add additional family members
to the definition of "members of an employer's family". This
legislation applies to sole proprietor's family members who elect
exemption from Workers' Compensation coverage.







                            FISCAL NOTE

No Fiscal Impact






CONTACT:  Representative Tim Ridinger
        208 332 1000
        

                                     STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 229