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H0590.......................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law to provide that exemption from
worker's compensation coverage shall be effective for a pilot operating an
aircraft for the purpose of applying fertilizers or pesticides to
agricultural crops if the Industrial Commission has issued written approval
of an insurance policy and the proof of coverage for each pilot has been
filed with the Industrial Commission prior to the pilot actually operating
an aircraft; to provide when the exemption is effective; and to require
that a policy of insurance and the proof of coverage for each pilot insured
under the policy shall be filed annually with the Industrial Commission.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Com/HuRes
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Denney, Ellsworth, Field(20), Gagner, Hadley, Hansen(23), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Deal, Field(13), Geddes, Gould, Hammond,
Hansen(29), Kellogg, Linford, Mr Speaker
Floor Sponsor - Wood
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Com/HuRes
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Burtenshaw
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed - Pres signed
03/31 To Governor
04/03 Governor signed
Session Law Chapter 164
Effective: 07/01/00
H0590
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 590
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO EXEMPTION FROM WORKER'S COMPENSATION COVERAGE; AMENDING SECTION
3 72-212, IDAHO CODE, TO PROVIDE THAT A PILOT OF AN AIRCRAFT WHILE ACTUALLY
4 OPERATING THE AIRCRAFT FOR THE PURPOSE OF APPLYING FERTILIZERS OR PESTI-
5 CIDES TO AGRICULTURAL CROPS SHALL BE EXEMPT FROM WORKER'S COMPENSATION
6 COVERAGE IF THE EMPLOYER HAS BEEN ISSUED WRITTEN APPROVAL OF AN INSURANCE
7 POLICY BY THE INDUSTRIAL COMMISSION AND THE PROOF OF COVERAGE FOR EACH
8 PILOT HAS BEEN FILED WITH THE COMMISSION PRIOR TO THE PILOT ACTUALLY OPER-
9 ATING THE AIRCRAFT, TO PROVIDE WHEN THE EXEMPTION IS EFFECTIVE AND TO PRO-
10 VIDE THAT A POLICY OF INSURANCE SHALL BE APPROVED, AND THE PROOF OF COVER-
11 AGE FOR EACH PILOT INSURED UNDER THE POLICY SHALL BE FILED, EACH CALENDAR
12 YEAR WITH THE INDUSTRIAL COMMISSION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 72-212, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law
17 shall apply to the following employments unless coverage thereof is elected as
18 provided in section 72-213, Idaho Code.
19 (1) Household domestic service.
20 (2) Casual employment.
21 (3) Employment of outworkers.
22 (4) Employment of members of an employer's family dwelling in his house-
23 hold.
24 (5) Employment of members of an employer's family not dwelling in his
25 household if the employer is the owner of a sole proprietorship, provided the
26 family member has filed with the commission a written declaration of his elec-
27 tion for exemption from coverage. For the purposes of this subsection, "member
28 of an employer's family" means a natural person or the spouse of a natural
29 person who is related to the employer by blood, adoption or marriage within
30 the first degree of consanguinity or a grandchild or the spouse of a grand-
31 child.
32 (6) Employment which is not carried on by the employer for the sake of
33 pecuniary gain.
34 (7) Employment as the owner of a sole proprietorship; employment of a
35 working member of a partnership or a limited liability company; employment of
36 an officer of a corporation who at all times during the period involved owns
37 not less than ten percent (10%) of all of the issued and outstanding voting
38 stock of the corporation and, if the corporation has directors, is also a
39 director thereof.
40 (8) Employment for which a rule of liability for injury, occupational
41 disease, or death is provided by the laws of the United States.
42 (9) Pilots of agricultural spraying or dusting planes. Employment as a
43 pilot of an aircraft, used to apply fertilizers and pesticides to agricultural
2
1 crops, when while actually operating an aircraft for the purpose of applying
2 fertilizers or pesticides to agricultural crops, shall be exempt from the pro-
3 visions of the worker's compensation law, if: the employer files with, and has
4 written approval by, the provided that:
5 (a) The industrial commission, prior to employing a pilot for the pur-
6 pose of engaging in the application of pesticides to agricultural crops by
7 aircraft, proof of coverage of an insurance has issued to the agent sub-
8 mitting the policy, written approval of a policy of insurance that will
9 provide to the employed pilot of such aircraft while actually operating an
10 aircraft, benefits in an amount of not less than: twenty-five thousand
11 dollars ($25,000) accidental death and dismemberment, ten thousand dollars
12 ($10,000) medical expense payments, and five hundred dollars ($500) per
13 month disability income for a minimum of forty-eight (48) months; and
14 (b) Once the policy has been approved by the industrial commission, proof
15 of coverage for the specified pilot has been filed with the commission
16 prior to the pilot actually operating an aircraft.
17 Provided however, the agent issuing the policy shall obtain approval of the
18 policy of insurance, and proof of coverage for each pilot insured under the
19 policy shall be filed with the commission, each calendar year. The exemption
20 shall be effective on the date the commission receives proof of coverage for
21 the specified pilot, but no earlier than the date written approval of the pol-
22 icy was issued by the commission.
23 (10) Associate real estate brokers and real estate salesmen. Service per-
24 formed by an individual for a real estate broker as an associate real estate
25 broker or as a real estate salesman, if all such service performed by such
26 individual for such person is performed for remuneration solely by way of com-
27 mission.
28 (11) Volunteer ski patrollers.
29 (12) Officials of athletic contests involving secondary schools, as
30 defined in section 33-119, Idaho Code.
STATEMENT OF PURPOSE
RS 0979SC1
To expedite proof of insurance coverage verification, approved by
the Industrial Commission as acceptable for exemption from
Worker's Compensation Insurance for agricultural aerial applicators;
stating the minimums and allowing for possible increased coverage
policies. Requires coverage be approved and expeditiously
verified as coverage for any pilot employee.
FISCAL IMPACT
None to the state, minimal to the Industrial Commission.
Contact
Name: JoAn Wood
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 590