It is enacted by the General Assembly as follows:

SECTION 1. Section 28-42-8 of the General Laws in Chapter 28-42 entitled "Employment security--general provisions" is hereby amended to read as follows:

28-42-8. Exemptions from "employment". -- The term "employment" shall not include:

(1) Domestic service in a private home performed for a person who did not pay cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter after December 31, 1977, in the current calendar year or the preceding calendar year to individuals employed in that domestic service in a private home.

(2) Service performed by an individual in the employ of his or her son, daughter, or spouse, and service performed by a child under the age of eighteen (18) in the employ of his or her father or mother.

(3) Service performed in the employ of any other state or any political subdivision thereof or of the United States government or of an instrumentality of any other state or states or their political subdivisions or of an instrumentality of the United States, except that if the congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation act, then, to the extent permitted by congress, and from and after the date as of which permission becomes effective, all of the provisions of chapters 42 -- 44, inclusive, of this title shall be applicable to such instrumentalities and to services performed for those instrumentalities, in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals and services; provided, that if this state should not be certified by the secretary of labor under section 3304 of the federal internal revenue code for any year, then the payments required of those instrumentalities with respect to that year shall be deemed to have been erroneously collected within the meaning of section 28-43-12 and shall be refunded by the director from the fund in accordance with the provisions of section 28-43-12.

(4) Service performed:

(A) in the employ of:

(i) A church or convention or association of churches or

(ii) An organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

(B) by a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member

(C) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving that rehabilitation or remunerative work;

(D) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by an individual receiving that work relief or work training;

(E) in the employ of a hospital by a patient of the hospital;

(F) by an inmate of a custodial or penal institution.

(5) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress; provided, that the director is hereby authorized and directed to enter into agreements with the proper agencies under that act of congress, which agreements shall become effective ten (10) days after publication thereof as in the manner provided in section 28-42-34 for general rules to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under chapters 42 -- 44, inclusive, of this title acquired rights to unemployment compensation under that act of congress, or who have, after acquiring potential rights to unemployment compensation under that act of congress, acquired rights to benefits under those chapters.

(6) Service covered by an election duly approved by the agency charged with the administration of any other state or federal employment security law in accordance with an arrangement pursuant to section 28-42-58 during the effective period of that election, except as provided in subdivision (5)(A) of section 28-42-3.

(7) Services performed by an individual in any calendar quarter on or after January 1, 1972 in the employ of any organization exempt from income tax under section 501 (a) {26 U.S.C. section 501(a)} of the Federal Internal Revenue Code (other than services performed for an organization defined in section 28-42-3 (24) or for any organization described in section 401 (a) or under section 521 {26 U.S.C. section 521} of the Federal Internal Revenue Code) if the remuneration for that service is less than fifty dollars ($50.00).

(8) Service which is occasional, incidental and occurs irregularly, and is not in the course of the employing unit's trade or business; provided, however, that such service for a corporation shall not be excluded.

(9) Service as a golf caddy, except as to service performed solely for a club with respect to which the club alone bears the expense; and a golf caddy, except as in this subdivision specifically provided, shall not be construed to be an employee as defined in subdivision (4) of section 28-42-3.

(10) Notwithstanding any provisions of titles 5 and 27 of the general laws, service performed by an individual as a real estate salesman if all the service performed by that individual is performed for remuneration solely by way of commission.

(11) Notwithstanding any provisions of titles 5 and 27 of the general laws, service performed by an individual as an insurance broker, agent or sub-agent if all the service performed by that individual is performed for remuneration solely by way of commission; provided, however, that this exemption shall not apply to service performed as industrial and debit insurance agents.

(12) Service performed by an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regular organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, taken for credit at that institution which combines academic instruction with work experience, if that service is an integral part of that program, and that institution has so certified to the employer, except that this subdivision shall not apply to service performed in a program established for or on behalf of an employer or group of employers.

(13) Service performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of that boat pursuant to which:

(A) That individual does not receive any cash remuneration other than a share of the boat's catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of that catch; and

(B) The operating crew of that boat is normally made up of fewer than (10) individuals.

{ADD (14) Services performed by a member of an Americorp program. ADD}

SECTION 2. This act shall take effect upon passage.