2006 Legislation
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SENATE BILL NO. 1410 – Worker’s comp, exmptn


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Bill Status

S1410................................................by JUDICIARY AND RULES
WORKER'S COMPENSATION - Amends existing law to exempt officials of athletic
contests involving municipal recreation programs from worker's compensation
02/20    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Com/HuRes

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                                    SENATE BILL NO. 1410
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 72-212, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
  8        72-212.  EXEMPTIONS  FROM  COVERAGE.  None  of  the provisions of this law
  9    shall apply to the following employments unless coverage thereof is elected as
 10    provided in section 72-213, Idaho Code.
 11        (1)  Household domestic service.
 12        (2)  Casual employment.
 13        (3)  Employment of outworkers.
 14        (4)  Employment of members of an employer's family dwelling in his  house-
 15    hold.
 16        (5)  Employment  of  members  of  an employer's family not dwelling in his
 17    household if the employer is the owner of a sole proprietorship, provided  the
 18    family member has filed with the commission a written declaration of his elec-
 19    tion for exemption from coverage. For the purposes of this subsection, "member
 20    of  an  employer's  family"  means a natural person or the spouse of a natural
 21    person who is related to the employer by blood, adoption  or  marriage  within
 22    the  first  degree  of consanguinity or a grandchild or the spouse of a grand-
 23    child.
 24        (6)  Employment which is not carried on by the employer for  the  sake  of
 25    pecuniary gain.
 26        (7)  Employment  as  the  owner  of a sole proprietorship; employment of a
 27    working member of a partnership or a limited liability company; employment  of
 28    an  officer  of a corporation who at all times during the period involved owns
 29    not less than ten percent (10%) of all of the issued  and  outstanding  voting
 30    stock  of  the  corporation  and,  if the corporation has directors, is also a
 31    director thereof.
 32        (8)  Employment for which a rule of  liability  for  injury,  occupational
 33    disease, or death is provided by the laws of the United States.
 34        (9)  Employment  as  a  pilot  of an aircraft, while actually operating an
 35    aircraft for the purpose of applying fertilizers or pesticides to agricultural
 36    crops, shall be exempt from the provisions of the worker's  compensation  law,
 37    provided that:
 38        (a)  The industrial commission has issued to the agent submitting the pol-
 39        icy,  written approval of a policy of insurance that will provide benefits
 40        in an amount of not less  than:  twenty-five  thousand  dollars  ($25,000)
 41        accidental death and dismemberment, ten thousand dollars ($10,000) medical
 42        expense  payments,  and  five  hundred dollars ($500) per month disability
 43        income for a minimum of forty-eight (48) months; and
  1        (b)  Once the policy has been approved by the industrial commission, proof
  2        of coverage for the specified pilot has been  filed  with  the  commission
  3        prior to the pilot actually operating an aircraft.
  4    Provided  however,  the  agent issuing the policy shall obtain approval of the
  5    policy of insurance, and proof of coverage for each pilot  insured  under  the
  6    policy  shall  be filed with the commission, each calendar year. The exemption
  7    shall be effective on the date the commission receives proof of  coverage  for
  8    the  specified  pilot,  but  no earlier than the date written approval  of the
  9    policy was issued by the commission.
 10        (10) Associate real estate brokers and real estate salesmen. Service  per-
 11    formed  by  an individual for a real estate broker as an associate real estate
 12    broker or as a real estate salesman, if all such  service  performed  by  such
 13    individual for such person is performed for remuneration solely by way of com-
 14    mission.
 15        (11) Volunteer ski patrollers.
 16        (12) Officials  of  athletic  contests  involving  secondary  schools,  as
 17    defined  in  section  33-119,  Idaho  Code, and officials of athletic contests
 18    involving municipal recreation programs.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE
                          RS 16052
  The purpose of this legislation is to clarify the workers
  compensation status of referees and umpires involved in
  municipal recreation leagues.  This legislation will provide
  the same exemption for officials of municipal athletic
  contests as currently exists for officials of school sports
                       FISCAL IMPACT
  There will be significant savings to participants of
  municipal recreation programs.  As an example, the workers
  compensation rates are the same for officials of youth
  football and youth hockey as they are for officials of an
  NFL or NHL game.  The 2005 rate for officials for contact
  sports was $67.54 per $100 of payroll.  This rate is much
  higher than the rate for police or firefighters.  This adds
  tens of thousands of dollars to the costs of municipal
  sports programs.  These costs are borne by the participants
  or city taxpayers.  Thus, this legislation will result in a
  substantial cost saving.
       Sen. John Andreason, 332-1333
       Sen. Edgar Malepeai, 332-1409
       Rep. Kathie Garrett, 332-1000
       Rep. Anne Pasley-Stuart, 332-1000
       Kent Rock, City of Boise, 384-3784
   STATEMENT OF PURPOSE/FISCAL NOTE                     S 1410