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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 - 2005
IN 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 in a that trade or occupation which is normally carried on by the
23 employer for the sake of pecuniary gain and 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 of
4 pecuniary 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 - 2005
Moved 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 employment
4 only in a trade or occupation which is carried on by the employer for the sake
5 of pecuniary gain and also includes any of the pursuits".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN 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 employment
22 only in a trade or occupation which is carried on by the employer for the sake
23 of pecuniary gain and also includes 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 of
4 pecuniary 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