Print Friendly SENATE BILL NO. 1410 – Worker’s comp, exmptn
SENATE BILL NO. 1410
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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
]]]] 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
2 RELATING TO EXEMPTION FROM WORKER'S COMPENSATION COVERAGE; AMENDING SECTION
3 72-212, IDAHO CODE, TO EXEMPT OFFICIALS OF ATHLETIC CONTESTS INVOLVING
4 MUNICIPAL RECREATION PROGRAMS.
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-
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-
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-
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
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
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