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H0227......................................................by STATE AFFAIRS
WORKER'S COMPENSATION - Amends existing law relating to worker's
compensation to exempt from mandatory coverage employment related to
certain religious positions.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 227
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION LAW; AMENDING SECTION 72-212, IDAHO CODE, TO
3 EXEMPT FROM MANDATORY COVERAGE EMPLOYMENT RELATED TO CERTAIN RELIGIOUS
4 POSITIONS.
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 as the owner of a sole proprietorship; employment of a
25 working member of a partnership or a limited liability company; employment of
26 an officer of a corporation who at all times during the period involved owns
27 not less than ten percent (10%) of all of the issued and outstanding voting
28 stock of the corporation and, if the corporation has directors, is also a
29 director thereof.
30 (7) Employment for which a rule of liability for injury, occupational
31 disease, or death is provided by the laws of the United States.
32 (8) Employment as a pilot of an aircraft, while actually operating an
33 aircraft for the purpose of applying fertilizers or pesticides to agricultural
34 crops, shall be exempt from the provisions of the worker's compensation law,
35 provided that:
36 (a) The industrial commission has issued to the agent submitting the pol-
37 icy, written approval of a policy of insurance that will provide benefits
38 in an amount of not less than: twenty-five thousand dollars ($25,000)
39 accidental death and dismemberment, ten thousand dollars ($10,000) medical
40 expense payments, and five hundred dollars ($500) per month disability
41 income for a minimum of forty-eight (48) months; and
42 (b) Once the policy has been approved by the industrial commission, proof
43 of coverage for the specified pilot has been filed with the commission
2
1 prior to the pilot actually operating an aircraft.
2 Provided however, the agent issuing the policy shall obtain approval of the
3 policy of insurance, and proof of coverage for each pilot insured under the
4 policy shall be filed with the commission, each calendar year. The exemption
5 shall be effective on the date the commission receives proof of coverage for
6 the specified pilot, but no earlier than the date written approval of the
7 policy was issued by the commission.
8 (9) Associate real estate brokers and real estate salesmen. Service per-
9 formed by an individual for a real estate broker as an associate real estate
10 broker or as a real estate salesman, if all such service performed by such
11 individual for such person is performed for remuneration solely by way of com-
12 mission.
13 (10) Volunteer ski patrollers.
14 (11) Officials of athletic contests involving secondary schools, as
15 defined in section 33-119, Idaho Code.
16 (12) Employment as a duly ordained, commissioned or licensed minister of a
17 church in the exercise of his ministry or by a member of a religious order in
18 the exercise of duties required by such order.
STATEMENT OF PURPOSE
RS 16579C1
The purpose of this legislation is to remove the mandatory
provision in H 648a passed in last year's session for churches or
organizations established primarily for religious purposes which
requires them to purchase workman's compensation insurance. This
legislation if past will allow these organizations the choice to
opt in or out of purchasing state workman's compensation
insurance.
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Rep.Dick Harwood
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 227