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SF 910

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to employment; regulating the employment status of certain truckers
for the purpose of unemployment compensation and workers' compensation;
amending Minnesota Statutes 2008, section 268.035, subdivision 25b; proposing
coding for new law in Minnesota Statutes, chapter 176; repealing Minnesota
Rules, parts 5224.0290; 5224.0291; 5224.0292.

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

Section 1.

new text begin [176.043] TRUCKING AND MESSENGER/COURIER INDUSTRIES;
INDEPENDENT CONTRACTORS.
 new text end

new text begin In the trucking and messenger/courier industries, an operator of a car, van, truck,
tractor, or truck-tractor that is licensed and registered by a governmental motor vehicle
agency is an employee unless each of the following factors is present, and if each factor is
present, the operator is an independent contractor:
 new text end

new text begin (1) the individual owns the equipment or holds it under a bona fide lease arrangement;
 new text end

new text begin (2) the individual is responsible for the maintenance of the equipment;
 new text end

new text begin (3) the individual is responsible for the operating costs, including fuel, repairs,
supplies, vehicle insurance, and personal expenses. The individual may be paid the
carrier's fuel surcharge and incidental costs, including, but not limited to, tolls, permits,
and lumper fees;
 new text end

new text begin (4) the individual is responsible for supplying the necessary personal services
to operate the equipment;
 new text end

new text begin (5) the individual's compensation is based on factors related to the work performed,
such as a percentage of any schedule of rates, and not on the basis of the hours or time
expended;
 new text end

new text begin (6) the individual substantially controls the means and manner of performing the
services, in conformance with regulatory requirements and specifications of the shipper;
and
new text end

new text begin (7) the individual enters into a written contract that specifies the relationship to be
that of an independent contractor and not that of an employee.
 new text end

Sec. 2.

Minnesota Statutes 2008, section 268.035, subdivision 25b, is amended to read:


Subd. 25b.

Trucking deleted text begin industry/independentdeleted text end new text begin and messenger/courier industries;
independentnew text end contractors.

In the trucking deleted text begin industrydeleted text end new text begin and messenger/courier industriesnew text end ,
an deleted text begin owner-operatordeleted text end new text begin operator new text end of a deleted text begin vehicledeleted text end new text begin car, van, truck, tractor, or truck-tractornew text end that is
licensed and registered deleted text begin as a truck, tractor, or truck-tractordeleted text end by a governmental motor vehicle
deleted text begin regulatorydeleted text end agency is an deleted text begin independent contractor, and is not considered an employee, while
performing services in the operation of the truck only ifdeleted text end new text begin employee unless new text end each of the
following factors is presentnew text begin , and if each factor is present, the operator is an independent
contractornew text end :

(1) the individual owns the equipment or holds it under a bona fide lease arrangement;

(2) the individual is responsible for the maintenance of the equipment;

(3) the individual deleted text begin bears the principal burdens ofdeleted text end new text begin is responsible for new text end the operating
costs, including fuel, repairs, supplies, vehicle insurance, and personal expenses deleted text begin while
on the roaddeleted text end new text begin . The individual may be paid the carrier's fuel surcharge and incidental costs,
including, but not limited to, tolls, permits, and lumper feesnew text end ;

(4) the individual is responsible for supplying the necessary personal services
to operate the equipment;

(5) the individual's compensation is based on factors related to the work performed,
such as a percentage of any schedule of rates, and not on the basis of the hours or time
expended; deleted text begin and
deleted text end

(6) the individual enters into a written contract that specifies the relationship to be
that of an independent contractor and not that of an employeenew text begin ; and
new text end

new text begin (7) the individual substantially controls the means and manner of performing the
services, in conformance with regulatory requirements and specifications of the shippernew text end .

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 5224.0290; 5224.0291; and 5224.0292, new text end new text begin are repealed.
 new text end