2007 Legislation
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HOUSE BILL NO. 227 – Worker’s comp, exemptions


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                       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

                          FISCAL IMPACT                     

There is no impact to the general fund.

Name: Rep.Dick Harwood 
Phone: (208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 227