HF 2142

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to workers' compensation; reducing the 
  1.3             minimum ownership interest required for an exclusion 
  1.4             from mandatory coverage; amending Minnesota Statutes 
  1.5             1994, section 176.041, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 176.041, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [EMPLOYMENTS EXCLUDED.] This chapter does 
  1.10  not apply to any of the following:  
  1.11     (a) a person employed by a common carrier by railroad 
  1.12  engaged in interstate or foreign commerce and who is covered by 
  1.13  the Federal Employers' Liability Act, United States Code, title 
  1.14  45, sections 51 to 60, or other comparable federal law; 
  1.15     (b) a person employed by a family farm as defined by 
  1.16  section 176.011, subdivision 11a; 
  1.17     (c) the spouse, parent, and child, regardless of age, of a 
  1.18  farmer-employer working for the farmer-employer; 
  1.19     (d) a sole proprietor, or the spouse, parent, and child, 
  1.20  regardless of age, of a sole proprietor; 
  1.21     (e) a partner engaged in a farm operation or a partner 
  1.22  engaged in a business and the spouse, parent, and child, 
  1.23  regardless of age, of a partner in the farm operation or 
  1.24  business; 
  1.25     (f) an executive officer of a family farm corporation; 
  2.1      (g) an executive officer of a closely held corporation 
  2.2   having less than 22,880 hours of payroll in the preceding 
  2.3   calendar year, if that executive officer owns at least 25 ten 
  2.4   percent of the stock of the corporation; 
  2.5      (h) a spouse, parent, or child, regardless of age, of an 
  2.6   executive officer of a family farm corporation as defined in 
  2.7   section 500.24, subdivision 2, and employed by that family farm 
  2.8   corporation; 
  2.9      (i) a spouse, parent, or child, regardless of age, of an 
  2.10  executive officer of a closely held corporation who is referred 
  2.11  to in paragraph (g); 
  2.12     (j) another farmer or a member of the other farmer's family 
  2.13  exchanging work with the farmer-employer or family farm 
  2.14  corporation operator in the same community; 
  2.15     (k) a person whose employment at the time of the injury is 
  2.16  casual and not in the usual course of the trade, business, 
  2.17  profession, or occupation of the employer; 
  2.18     (l) persons who are independent contractors as defined by 
  2.19  rules adopted by the commissioner pursuant to section 176.83 
  2.20  except that this exclusion does not apply to an employee of an 
  2.21  independent contractor; 
  2.22     (m) an officer or a member of a veterans' organization 
  2.23  whose employment relationship arises solely by virtue of 
  2.24  attending meetings or conventions of the veterans' organization, 
  2.25  unless the veterans' organization elects by resolution to 
  2.26  provide coverage under this chapter for the officer or member; 
  2.27     (n) a person employed as a household worker in, for, or 
  2.28  about a private home or household who earns less than $1,000 in 
  2.29  cash in a three-month period from a single private home or 
  2.30  household provided that a household worker who has earned $1,000 
  2.31  or more from the household worker's present employer in a 
  2.32  three-month period within the previous year is covered by this 
  2.33  chapter regardless of whether or not the household worker has 
  2.34  earned $1,000 in the present quarter; 
  2.35     (o) persons employed by a closely held corporation who are 
  2.36  related by blood or marriage, within the third degree of kindred 
  3.1   according to the rules of civil law, to an officer of the 
  3.2   corporation, who is referred to in paragraph (g), if the 
  3.3   corporation files a written election with the commissioner to 
  3.4   exclude such individuals.  A written election is not required 
  3.5   for a person who is otherwise excluded from this chapter by this 
  3.6   section; 
  3.7      (p) a nonprofit association which does not pay more than 
  3.8   $1,000 in salary or wages in a year; 
  3.9      (q) persons covered under the Domestic Volunteer Service 
  3.10  Act of 1973, as amended, United States Code, title 42, sections 
  3.11  5011, et seq.; 
  3.12     (r) a manager of a limited liability company having ten or 
  3.13  fewer members and having less than 22,880 hours of payroll in 
  3.14  the preceding calendar year, if that manager owns at least a 25 
  3.15  ten percent membership interest in the limited liability 
  3.16  company; 
  3.17     (s) a spouse, parent, or child, regardless of age, of a 
  3.18  manager of a limited liability company described in paragraph 
  3.19  (r); 
  3.20     (t) persons employed by a limited liability company having 
  3.21  ten or fewer members and having less than 22,880 hours of 
  3.22  payroll in the preceding calendar year who are related by blood 
  3.23  or marriage, within the third degree of kindred according to the 
  3.24  rules of civil law, to a manager of a limited liability company 
  3.25  described in paragraph (r), if the company files a written 
  3.26  election with the commissioner to exclude these persons.  A 
  3.27  written election is not required for a person who is otherwise 
  3.28  excluded from this chapter by this section; or 
  3.29     (u) members of limited liability companies who satisfy the 
  3.30  requirements of paragraph (l).