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H0063aa.....................................by COMMERCE AND HUMAN RESOURCES WORKER'S COMPENSATION - Amends existing law relating to worker's compensation to revise the definition for "employment"; and to delete language exempting employment that is not carried on by the employer for the sake of pecuniary gain. 01/28 House intro - 1st rdg - to printing 01/31 Rpt prt - to Com/HuRes 02/10 Rpt out - to Gen Ord 02/16 Rpt out amen - to engros 02/17 Rpt engros - 1st rdg - to 2nd rdg as amen 02/18 2nd rdg - to 3rd rdg as amen 02/23 3rd rdg as amen - PASSED - 70-0-0 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, 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, Wood, Mr. Speaker NAYS -- None Absent and excused -- None Floor Sponsor - Lake Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 63 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-204, IDAHO CODE, TO 3 REVISE THE DEFINITION FOR "EMPLOYMENT" AND TO MAKE TECHNICAL CHANGES; AND 4 AMENDING SECTION 72-212, IDAHO CODE, TO DELETE LANGUAGE EXEMPTING EMPLOY- 5 MENT THAT IS NOT CARRIED ON BY THE EMPLOYER FOR THE SAKE OF PECUNIARY 6 GAIN. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 72-204, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 72-204. PRIVATE EMPLOYMENT -- COVERAGE. The following shall constitute 11 employees in private employment and their employers subject to the provisions 12 of this law: 13 (1) A person performing service in the course of the trade, profession or 14 occupation of an employer. 15 (2) A person, including a minor, whether lawfully or unlawfully employed, 16 in the service of an employer under any contract of hire or apprenticeship, 17 express or implied, and all helpers and assistants of employees whether paid 18 by the employer or employee, if employed with the knowledge, actual or con- 19 structive, of the employer. 20 (3) An officer of a corporation. 21 (4) "Employment," in the case of private employers, includes employment 22 only inathat trade or occupation which is normally carried on by the 23 employerfor the sake of pecuniary gainand also includes any of the pursuits 24 specified in section 72-212, Idaho Code, when the employer shall have elected 25 to come under the law as provided in section 72-213, Idaho Code. 26 SECTION 2. That Section 72-212, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law 29 shall apply to the following employments unless coverage thereof is elected as 30 provided in section 72-213, Idaho Code. 31 (1) Household domestic service. 32 (2) Casual employment. 33 (3) Employment of outworkers. 34 (4) Employment of members of an employer's family dwelling in his house- 35 hold. 36 (5) Employment of members of an employer's family not dwelling in his 37 household if the employer is the owner of a sole proprietorship, provided the 38 family member has filed with the commission a written declaration of his elec- 39 tion for exemption from coverage. For the purposes of this subsection, "member 40 of an employer's family" means a natural person or the spouse of a natural 41 person who is related to the employer by blood, adoption or marriage within 2 1 the first degree of consanguinity or a grandchild or the spouse of a grand- 2 child. 3 (6)Employment which is not carried on by the employer for the sake of4pecuniary gain.5(7)Employment as the owner of a sole proprietorship; employment of a 6 working member of a partnership or a limited liability company; employment of 7 an officer of a corporation who at all times during the period involved owns 8 not less than ten percent (10%) of all of the issued and outstanding voting 9 stock of the corporation and, if the corporation has directors, is also a 10 director thereof. 11 (87) Employment for which a rule of liability for injury, occupational 12 disease, or death is provided by the laws of the United States. 13 (98) Employment as a pilot of an aircraft, while actually operating an 14 aircraft for the purpose of applying fertilizers or pesticides to agricultural 15 crops, shall be exempt from the provisions of the worker's compensation law, 16 provided that: 17 (a) The industrial commission has issued to the agent submitting the pol- 18 icy, written approval of a policy of insurance that will provide benefits 19 in an amount of not less than: twenty-five thousand dollars ($25,000) 20 accidental death and dismemberment, ten thousand dollars ($10,000) medical 21 expense payments, and five hundred dollars ($500) per month disability 22 income for a minimum of forty-eight (48) months; and 23 (b) Once the policy has been approved by the industrial commission, proof 24 of coverage for the specified pilot has been filed with the commission 25 prior to the pilot actually operating an aircraft. 26 Provided however, the agent issuing the policy shall obtain approval of the 27 policy of insurance, and proof of coverage for each pilot insured under the 28 policy shall be filed with the commission, each calendar year. The exemption 29 shall be effective on the date the commission receives proof of coverage for 30 the specified pilot, but no earlier than the date written approval of the pol- 31 icy was issued by the commission. 32 (109) Associate real estate brokers and real estate salesmen. Service per- 33 formed by an individual for a real estate broker as an associate real estate 34 broker or as a real estate salesman, if all such service performed by such 35 individual for such person is performed for remuneration solely by way of com- 36 mission. 37 (110) Volunteer ski patrollers. 38 (121) Officials of athletic contests involving secondary schools, as 39 defined in section 33-119, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Lake Seconded by Schaefer IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 63 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete lines 21, 22 and 23 and insert: 3 "(4) "Employment," in the case of private employers,includes employment4only in a trade or occupation which is carried on by the employer for the sake5of pecuniary gain and alsoincludes any of the pursuits".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 63, As Amended BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-204, IDAHO CODE, TO 3 REVISE THE DEFINITION FOR "EMPLOYMENT" AND TO MAKE TECHNICAL CHANGES; AND 4 AMENDING SECTION 72-212, IDAHO CODE, TO DELETE LANGUAGE EXEMPTING EMPLOY- 5 MENT THAT IS NOT CARRIED ON BY THE EMPLOYER FOR THE SAKE OF PECUNIARY 6 GAIN. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 72-204, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 72-204. PRIVATE EMPLOYMENT -- COVERAGE. The following shall constitute 11 employees in private employment and their employers subject to the provisions 12 of this law: 13 (1) A person performing service in the course of the trade, profession or 14 occupation of an employer. 15 (2) A person, including a minor, whether lawfully or unlawfully employed, 16 in the service of an employer under any contract of hire or apprenticeship, 17 express or implied, and all helpers and assistants of employees whether paid 18 by the employer or employee, if employed with the knowledge, actual or con- 19 structive, of the employer. 20 (3) An officer of a corporation. 21 (4) "Employment," in the case of private employers,includes employment22only in a trade or occupation which is carried on by the employer for the sake23of pecuniary gain and alsoincludes any of the pursuits specified in section 24 72-212, Idaho Code, when the employer shall have elected to come under the law 25 as provided in section 72-213, Idaho Code. 26 SECTION 2. That Section 72-212, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law 29 shall apply to the following employments unless coverage thereof is elected as 30 provided in section 72-213, Idaho Code. 31 (1) Household domestic service. 32 (2) Casual employment. 33 (3) Employment of outworkers. 34 (4) Employment of members of an employer's family dwelling in his house- 35 hold. 36 (5) Employment of members of an employer's family not dwelling in his 37 household if the employer is the owner of a sole proprietorship, provided the 38 family member has filed with the commission a written declaration of his elec- 39 tion for exemption from coverage. For the purposes of this subsection, "member 40 of an employer's family" means a natural person or the spouse of a natural 41 person who is related to the employer by blood, adoption or marriage within 2 1 the first degree of consanguinity or a grandchild or the spouse of a grand- 2 child. 3 (6)Employment which is not carried on by the employer for the sake of4pecuniary gain.5(7)Employment as the owner of a sole proprietorship; employment of a 6 working member of a partnership or a limited liability company; employment of 7 an officer of a corporation who at all times during the period involved owns 8 not less than ten percent (10%) of all of the issued and outstanding voting 9 stock of the corporation and, if the corporation has directors, is also a 10 director thereof. 11 (87) Employment for which a rule of liability for injury, occupational 12 disease, or death is provided by the laws of the United States. 13 (98) Employment as a pilot of an aircraft, while actually operating an 14 aircraft for the purpose of applying fertilizers or pesticides to agricultural 15 crops, shall be exempt from the provisions of the worker's compensation law, 16 provided that: 17 (a) The industrial commission has issued to the agent submitting the pol- 18 icy, written approval of a policy of insurance that will provide benefits 19 in an amount of not less than: twenty-five thousand dollars ($25,000) 20 accidental death and dismemberment, ten thousand dollars ($10,000) medical 21 expense payments, and five hundred dollars ($500) per month disability 22 income for a minimum of forty-eight (48) months; and 23 (b) Once the policy has been approved by the industrial commission, proof 24 of coverage for the specified pilot has been filed with the commission 25 prior to the pilot actually operating an aircraft. 26 Provided however, the agent issuing the policy shall obtain approval of the 27 policy of insurance, and proof of coverage for each pilot insured under the 28 policy shall be filed with the commission, each calendar year. The exemption 29 shall be effective on the date the commission receives proof of coverage for 30 the specified pilot, but no earlier than the date written approval of the pol- 31 icy was issued by the commission. 32 (109) Associate real estate brokers and real estate salesmen. Service per- 33 formed by an individual for a real estate broker as an associate real estate 34 broker or as a real estate salesman, if all such service performed by such 35 individual for such person is performed for remuneration solely by way of com- 36 mission. 37 (110) Volunteer ski patrollers. 38 (121) Officials of athletic contests involving secondary schools, as 39 defined in section 33-119, Idaho Code.
STATEMENT OF PURPOSE RS 14395 Eliminates the "Not for Pecuniary Gain" exemption from the Workers' Compensation law. The Idaho Supreme Court recently broadened the application of this exemption to all non-profit businesses that do not engage in commercial transactions. This could cause many more Idaho workers to be without coverage. Elimination will ensure that these Idaho workers and their families continue to be protected by the Workers' Compensation Law. FISCAL IMPACT These amendments will have no fiscal impact on the General Fund or Dedicated Funds. CONTACT Name: Blair Jaynes Agency: Industrial Commission Phone: 334-6067 Statement of Purpose/Fiscal Impact H 63