H-3145              _______________________________________________

                                                   HOUSE BILL NO. 1377

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Wang, Cole, O'Brien, Ebersole, Patrick, Sayan, Fisher, Fisch, R. King and Belcher

Prefiled with Chief Clerk 1/10/86.  Read first 1/13/86 and referred to Committee on Commerce & Labor.

AN ACT Relating to industrial insurance coverage of agricultural employment; and amending RCW 51.12.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 51.12.020, chapter 23, Laws of 1961 as last amended by section 1, chapter 252, Laws of 1983 and RCW 51.12.020 are each amended to read as follows:

          The following are the only employments which shall not be included within the mandatory coverage of this title:

          (1) Any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.

          (2) Any person employed to do gardening, maintenance, repair, remodeling, or similar work in or about the private home of the employer.

          (3) A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer.

          (4) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.

          (5) Sole proprietors or partners:  PROVIDED, That after July 26, 1981, sole proprietors or partners who for the first time register under chapter 18.27 RCW or become licensed for the first time under chapter 19.28 RCW shall be included under the mandatory coverage provisions of this title subject to the provisions of RCW 51.32.030.  These persons may elect to withdraw from coverage under RCW 51.12.115.

          (6) ((Any employee, not regularly and continuously employed by the employer in agricultural labor, whose cash remuneration paid by or due from any one employer in that calendar year for agricultural labor is less than one hundred fifty dollars.  Employees not regularly and continuously employed in agricultural labor by any one employer but who are employed in agricultural labor on a seasonal basis shall come under the coverage of this title only when their cash remuneration paid or due in that calendar year exceeds one hundred fifty dollars but only as of the occurrence of that event and only as to their work for that employer.

          (7))) Any child under eighteen years of age employed by his parent or parents in agricultural activities on the family farm.

          (((8))) (7) Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.

          (((9))) (8) Any executive officer elected and empowered in accordance with the articles of incorporation or bylaws of a corporation who at all times during the period involved is also a director and shareholder of the corporation.  Any officer who was considered by the department to be covered on and after June 30, 1977, shall continue to be covered until such time as the officer voluntarily elects to withdraw from coverage in the manner provided by RCW 51.12.110.  However, any corporation may elect to cover such officers who are in fact employees of the corporation in the manner provided by RCW 51.12.110.

          (((10))) (9) Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser.  A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis  musicians or entertainers.