AN ACT
Relating to exemptions from industrial insurance coverage for persons under age
twenty-one employed on the family farm; and reenacting and amending RCW
51.12.020.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
51.12.020 and 1991 c 324 s 18 and 1991 c 246 s 4 are each reenacted and amended
to read as follows:
(1)
The following are the only employments which shall not be included within the
mandatory coverage of this title:
(((1)))
(a) 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)))
(b) Any person employed to do gardening, maintenance, repair,
remodeling, or similar work in or about the private home of the employer.
(((3)))
(c) 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)))
(d) Any person performing services in return for aid or sustenance only,
received from any religious or charitable organization.
(((5)))
(e) Sole proprietors or partners.
(((6)
Any child under eighteen years of age employed by his or her parent or parents
in agricultural activities on the family farm.
(7))) (f)
Jockeys while participating in or preparing horses for race meets licensed by
the Washington horse racing commission pursuant to chapter 67.16 RCW.
(((8)(a)))
(g)(i) Except as otherwise provided in (((b))) (g)(ii) of
this subsection, any bona fide officer of a corporation voluntarily elected or
voluntarily appointed in accordance with the articles of incorporation or
bylaws of the corporation, who at all times during the period involved is also
a bona fide director, and who is also a shareholder of the corporation. Only
such officers who exercise substantial control in the daily management of the
corporation and whose primary responsibilities do not include the performance
of manual labor are included within this subsection.
(((b)))
(ii) Alternatively, a corporation that is not a "public
company" as defined in RCW 23B.01.400(((19)))(21) may exempt
eight or fewer bona fide officers, who are voluntarily elected or voluntarily
appointed in accordance with the articles of incorporation or bylaws of the
corporation and who exercise substantial control in the daily management of the
corporation, from coverage under this title without regard to the officers'
performance of manual labor if the exempted officer is a shareholder of the
corporation, or may exempt any number of officers if all the exempted officers
are related by blood within the third degree or marriage. If a corporation
that is not a "public company" elects to be covered under (g)(i)
of this subsection (((8)(a) of this section)), the corporation's
election must be made on a form prescribed by the department and under such
reasonable rules as the department may adopt.
(((c)))
(iii) Determinations respecting the status of persons performing
services for a corporation shall be made, in part, by reference to Title 23B
RCW and to compliance by the corporation with its own articles of incorporation
and bylaws. For the purpose of determining coverage under this title,
substance shall control over form, and mandatory coverage under this title
shall extend to all workers of this state, regardless of honorary titles
conferred upon those actually serving as workers.
(((d)))
(iv) A corporation may elect to cover officers who are exempted by this
subsection in the manner provided by RCW 51.12.110.
(((9)))
(h) 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.
(((10)))
(i) Services performed by a newspaper carrier selling or distributing
newspapers on the street or from house to house.
(((11)))
(j) Services performed by an insurance agent, insurance broker, or
insurance solicitor, as defined in RCW 48.17.010, 48.17.020, and 48.17.030,
respectively.
(((12)))
(k) Services performed by a booth renter as defined in RCW 18.16.020.
However, a person exempted under this subsection may elect coverage under RCW
51.32.030.
(2)
The parent or parents of a person under twenty-one years of age may elect to
exclude from mandatory coverage under this title their employment of that
person in agricultural activities on their family farm if:
(a)
The person resides with his or her parent or parents or resides on their family
farm; and
(b)
The parent or parents file a written notice with the department electing
exclusion from coverage.
A
parent or parents who have elected to exclude a person under this subsection
may subsequently obtain coverage for that person under RCW 51.12.110.
