2005 Legislation
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HOUSE BILL NO. 63 – Workers comp, employment defined

HOUSE BILL NO. 63

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                  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