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H0648aaS....................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law relating to worker's
compensation to provide that persons performing service in the course of
the business of an employer are covered under private employment
provisions; to revise the definition for "employment"; and to remove an
exemption from coverage relating to employment not carried on by the
employer for the sake of pecuniary gain.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Com/HuRes
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail,
Wills, Wood
NAYS -- None
Absent and excused -- Barrett, Snodgrass, Mr. Speaker
Floor Sponsor - Bradford
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Com/HuRes
03/08 Rpt out - to 14th Ord
03/14 Rpt out amen - to 1st rdg as amen
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Marley
Floor Sponsor - Broadsword
Title apvd - to House
03/21 House concurred in Senate amens - to engros
03/22 Rpt engros - 1st rdg - to 2nd rdg as amen
03/23 2nd rdg - to 3rd rdg as amen
03/24 3rd rdg as amen - PASSED - 68-1-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, 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, Mr. Speaker
NAYS -- Wood
Absent and excused -- Clark
Floor Sponsor - Bradford
Title apvd - to enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 231
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 648
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-204, IDAHO CODE, TO
3 PROVIDE THAT PERSONS PERFORMING SERVICE IN THE COURSE OF THE BUSINESS OF
4 AN EMPLOYER ARE COVERED UNDER PRIVATE EMPLOYMENT PROVISIONS, TO REVISE THE
5 DEFINITION FOR "EMPLOYMENT" AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND-
6 ING SECTION 72-212, IDAHO CODE, TO REMOVE AN EXEMPTION FROM COVERAGE
7 RELATING TO EMPLOYMENT NOT CARRIED ON BY THE EMPLOYER FOR THE SAKE OF
8 PECUNIARY GAIN.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 72-204, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 72-204. PRIVATE EMPLOYMENT -- COVERAGE. The following shall constitute
13 employees in private employment and their employers subject to the provisions
14 of this law:
15 (1) A person performing service in the course of the trade, business,
16 profession or occupation of an employer.
17 (2) A person, including a minor, whether lawfully or unlawfully employed,
18 in the service of an employer under any contract of hire or apprenticeship,
19 express or implied, and all helpers and assistants of employees whether paid
20 by the employer or employee, if employed with the knowledge, actual or con-
21 structive, of the employer.
22 (3) An officer of a corporation.
23 (4) "Employment," in the case of private employers, includes employment
24 only in a that trade, business, profession or occupation which is normally
25 carried on by the employer for the sake of pecuniary gain and also includes
26 any of the pursuits specified in section 72-212, Idaho Code, when the employer
27 shall have elected to come under the law as provided in section 72-213, Idaho
28 Code.
29 SECTION 2. That Section 72-212, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law
32 shall apply to the following employments unless coverage thereof is elected as
33 provided in section 72-213, Idaho Code.
34 (1) Household domestic service.
35 (2) Casual employment.
36 (3) Employment of outworkers.
37 (4) Employment of members of an employer's family dwelling in his house-
38 hold.
39 (5) Employment of members of an employer's family not dwelling in his
40 household if the employer is the owner of a sole proprietorship, provided the
41 family member has filed with the commission a written declaration of his elec-
2
1 tion for exemption from coverage. For the purposes of this subsection, "member
2 of an employer's family" means a natural person or the spouse of a natural
3 person who is related to the employer by blood, adoption or marriage within
4 the first degree of consanguinity or a grandchild or the spouse of a grand-
5 child.
6 (6) Employment which is not carried on by the employer for the sake of
7 pecuniary gain.
8 (7) Employment as the owner of a sole proprietorship; employment of a
9 working member of a partnership or a limited liability company; employment of
10 an officer of a corporation who at all times during the period involved owns
11 not less than ten percent (10%) of all of the issued and outstanding voting
12 stock of the corporation and, if the corporation has directors, is also a
13 director thereof.
14 (87) Employment for which a rule of liability for injury, occupational
15 disease, or death is provided by the laws of the United States.
16 (98) Employment as a pilot of an aircraft, while actually operating an
17 aircraft for the purpose of applying fertilizers or pesticides to agricultural
18 crops, shall be exempt from the provisions of the worker's compensation law,
19 provided that:
20 (a) The industrial commission has issued to the agent submitting the pol-
21 icy, written approval of a policy of insurance that will provide benefits
22 in an amount of not less than: twenty-five thousand dollars ($25,000)
23 accidental death and dismemberment, ten thousand dollars ($10,000) medical
24 expense payments, and five hundred dollars ($500) per month disability
25 income for a minimum of forty-eight (48) months; and
26 (b) Once the policy has been approved by the industrial commission, proof
27 of coverage for the specified pilot has been filed with the commission
28 prior to the pilot actually operating an aircraft.
29 Provided however, the agent issuing the policy shall obtain approval of the
30 policy of insurance, and proof of coverage for each pilot insured under the
31 policy shall be filed with the commission, each calendar year. The exemption
32 shall be effective on the date the commission receives proof of coverage for
33 the specified pilot, but no earlier than the date written approval of the pol-
34 icy was issued by the commission.
35 (109) Associate real estate brokers and real estate salesmen. Service
36 performed by an individual for a real estate broker as an associate real
37 estate broker or as a real estate salesman, if all such service performed by
38 such individual for such person is performed for remuneration solely by way of
39 commission.
40 (110) Volunteer ski patrollers.
41 (121) Officials of athletic contests involving secondary schools, as
42 defined in section 33-119, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Broadsword
Seconded by Goedde
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 648
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 24, delete "normally".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 648, As Amended in the Senate
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-204, IDAHO CODE, TO
3 PROVIDE THAT PERSONS PERFORMING SERVICE IN THE COURSE OF THE BUSINESS OF
4 AN EMPLOYER ARE COVERED UNDER PRIVATE EMPLOYMENT PROVISIONS, TO REVISE THE
5 DEFINITION FOR "EMPLOYMENT" AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND-
6 ING SECTION 72-212, IDAHO CODE, TO REMOVE AN EXEMPTION FROM COVERAGE
7 RELATING TO EMPLOYMENT NOT CARRIED ON BY THE EMPLOYER FOR THE SAKE OF
8 PECUNIARY GAIN.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 72-204, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 72-204. PRIVATE EMPLOYMENT -- COVERAGE. The following shall constitute
13 employees in private employment and their employers subject to the provisions
14 of this law:
15 (1) A person performing service in the course of the trade, business,
16 profession or occupation of an employer.
17 (2) A person, including a minor, whether lawfully or unlawfully employed,
18 in the service of an employer under any contract of hire or apprenticeship,
19 express or implied, and all helpers and assistants of employees whether paid
20 by the employer or employee, if employed with the knowledge, actual or con-
21 structive, of the employer.
22 (3) An officer of a corporation.
23 (4) "Employment," in the case of private employers, includes employment
24 only in a that trade, business, profession or occupation which is carried on
25 by the employer for the sake of pecuniary gain and also includes any of the
26 pursuits specified in section 72-212, Idaho Code, when the employer shall have
27 elected to come under the law as provided in section 72-213, Idaho Code.
28 SECTION 2. That Section 72-212, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 72-212. EXEMPTIONS FROM COVERAGE. None of the provisions of this law
31 shall apply to the following employments unless coverage thereof is elected as
32 provided in section 72-213, Idaho Code.
33 (1) Household domestic service.
34 (2) Casual employment.
35 (3) Employment of outworkers.
36 (4) Employment of members of an employer's family dwelling in his house-
37 hold.
38 (5) Employment of members of an employer's family not dwelling in his
39 household if the employer is the owner of a sole proprietorship, provided the
40 family member has filed with the commission a written declaration of his elec-
41 tion for exemption from coverage. For the purposes of this subsection, "member
2
1 of an employer's family" means a natural person or the spouse of a natural
2 person who is related to the employer by blood, adoption or marriage within
3 the first degree of consanguinity or a grandchild or the spouse of a grand-
4 child.
5 (6) Employment which is not carried on by the employer for the sake of
6 pecuniary gain.
7 (7) Employment as the owner of a sole proprietorship; employment of a
8 working member of a partnership or a limited liability company; employment of
9 an officer of a corporation who at all times during the period involved owns
10 not less than ten percent (10%) of all of the issued and outstanding voting
11 stock of the corporation and, if the corporation has directors, is also a
12 director thereof.
13 (87) Employment for which a rule of liability for injury, occupational
14 disease, or death is provided by the laws of the United States.
15 (98) Employment as a pilot of an aircraft, while actually operating an
16 aircraft for the purpose of applying fertilizers or pesticides to agricultural
17 crops, shall be exempt from the provisions of the worker's compensation law,
18 provided that:
19 (a) The industrial commission has issued to the agent submitting the pol-
20 icy, written approval of a policy of insurance that will provide benefits
21 in an amount of not less than: twenty-five thousand dollars ($25,000)
22 accidental death and dismemberment, ten thousand dollars ($10,000) medical
23 expense payments, and five hundred dollars ($500) per month disability
24 income for a minimum of forty-eight (48) months; and
25 (b) Once the policy has been approved by the industrial commission, proof
26 of coverage for the specified pilot has been filed with the commission
27 prior to the pilot actually operating an aircraft.
28 Provided however, the agent issuing the policy shall obtain approval of the
29 policy of insurance, and proof of coverage for each pilot insured under the
30 policy shall be filed with the commission, each calendar year. The exemption
31 shall be effective on the date the commission receives proof of coverage for
32 the specified pilot, but no earlier than the date written approval of the pol-
33 icy was issued by the commission.
34 (109) Associate real estate brokers and real estate salesmen. Service
35 performed by an individual for a real estate broker as an associate real
36 estate broker or as a real estate salesman, if all such service performed by
37 such individual for such person is performed for remuneration solely by way of
38 commission.
39 (110) Volunteer ski patrollers.
40 (121) Officials of athletic contests involving secondary schools, as
41 defined in section 33-119, Idaho Code.
STATEMENT OF PURPOSE
RS 15347
Eliminates the "Not for Pecuniary Gain" exemption from the
Workers' Compensation Law. Idaho is the only state that has
retained this broad exemption in its workers' compensation law.
The Idaho Supreme Court in State v. Bible Missionary Church,
Inc., broadened the definition of "pecuniary gain" in a way that
extends this exemption to all businesses with employees that do
not engage in commercial transactions where money is received in
direct payment for the goods or services provided to the public.
This new court interpretation will result in many more Idaho
workers being without workers' compensation coverage.
Elimination of this exemption will ensure that these Idaho
workers and their families will continue to be protected by the
Workers' Compensation Law. It will also reinforce the continuing
requirement that all covered private employment must still be
conducted in the service of the normal trade, business,
profession or occupation of the employer.
FISCAL NOTE
These amendments will have no fiscal impact on the General
Fund or Dedicated Funds.
CONTACT
Name: Mindy Montgomery
Agency: Industrial Commission
Phone: 334-6059
STATEMENT OF PURPOSE/FISCAL NOTE H 648