HF 3355

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to reemployment insurance; excluding 
  1.3             smokechasers from the definition of noncovered 
  1.4             employment; amending Minnesota Statutes 1999 
  1.5             Supplement, section 268.035, subdivision 20. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.8   268.035, subdivision 20, is amended to read: 
  1.9      Subd. 20.  [NONCOVERED EMPLOYMENT.] "Noncovered employment" 
  1.10  means: 
  1.11     (1) employment for the United States government or an 
  1.12  instrumentality thereof, including military service; 
  1.13     (2) employment for an Indian, an Indian-controlled 
  1.14  employer, and Indian tribe, or any wholly controlled 
  1.15  subsidiaries or subdivisions, if the employment is performed on 
  1.16  an Indian reservation or Indian Trust Land; 
  1.17     (3) employment for a state, other than Minnesota, or a 
  1.18  political subdivision or instrumentality thereof; 
  1.19     (4) employment for a foreign government; 
  1.20     (5) employment for an instrumentality wholly owned by a 
  1.21  foreign government, if the employment is of a character similar 
  1.22  to that performed in foreign countries by employees of the 
  1.23  United States government or an instrumentality thereof and the 
  1.24  United States Secretary of State has certified that the foreign 
  1.25  government grants an equivalent exemption to similar employment 
  2.1   performed in the foreign country by employees of the United 
  2.2   States government and instrumentalities thereof; 
  2.3      (6) employment covered under United States Code, title 45, 
  2.4   section 351, the Railroad Unemployment Insurance Act; 
  2.5      (7) employment covered by a reciprocal arrangement between 
  2.6   the commissioner and another state or the federal government 
  2.7   which provides that all employment performed by an individual 
  2.8   for an employer during the period covered by the reciprocal 
  2.9   arrangement is considered performed entirely within another 
  2.10  state; 
  2.11     (8) employment for a church or convention or association of 
  2.12  churches, or an organization operated primarily for religious 
  2.13  purposes that is operated, supervised, controlled, or 
  2.14  principally supported by a church or convention or association 
  2.15  of churches described in United States Code, title 26, section 
  2.16  501(c)(3) of the federal Internal Revenue Code and exempt from 
  2.17  income tax under section 501(a); 
  2.18     (9) employment of a duly ordained or licensed minister of a 
  2.19  church in the exercise of a ministry or by a member of a 
  2.20  religious order in the exercise of duties required by the order, 
  2.21  for Minnesota or a political subdivision or an organization 
  2.22  described in United States Code, title 26, section 501(c)(3) of 
  2.23  the federal Internal Revenue Code and exempt from income tax 
  2.24  under section 501(a); 
  2.25     (10) employment of an individual receiving rehabilitation 
  2.26  of "sheltered" work in a facility conducted for the purpose of 
  2.27  carrying out a program of rehabilitation for individuals whose 
  2.28  earning capacity is impaired by age or physical or mental 
  2.29  deficiency or injury or a program providing "sheltered" work for 
  2.30  individuals who because of an impaired physical or mental 
  2.31  capacity cannot be readily absorbed in the competitive labor 
  2.32  market.  This clause applies only to services performed for 
  2.33  Minnesota or a political subdivision or an organization 
  2.34  described in United States Code, title 26, section 501(c)(3) of 
  2.35  the federal Internal Revenue Code and exempt from income tax 
  2.36  under section 501(a) in a facility certified by the 
  3.1   rehabilitation services branch of the department or in a day 
  3.2   training or habilitation program licensed by the department of 
  3.3   human services; 
  3.4      (11) employment of an individual receiving work relief or 
  3.5   work training as part of an unemployment work relief or work 
  3.6   training program assisted or financed in whole or in part by any 
  3.7   federal agency or an agency of a state or political subdivision 
  3.8   thereof.  This clause applies only to employment for Minnesota 
  3.9   or a political subdivision or an organization described in 
  3.10  United States Code, title 26, section 501(c)(3) of the federal 
  3.11  Internal Revenue Code and exempt from income tax under section 
  3.12  501(a).  This clause shall not apply to programs that require 
  3.13  reemployment compensation coverage for the participants; 
  3.14     (12) employment for Minnesota or a political subdivision as 
  3.15  an elected official, a member of a legislative body, or a member 
  3.16  of the judiciary; 
  3.17     (13) employment as a member of the Minnesota national guard 
  3.18  or air national guard; 
  3.19     (14) employment for Minnesota, a political subdivision, or 
  3.20  instrumentality thereof, as an employee serving only on a 
  3.21  temporary basis in case of fire, flood, tornado, or similar 
  3.22  emergency, except for smokechasers employed by the department of 
  3.23  natural resources; 
  3.24     (15) employment as an election official or election worker 
  3.25  for Minnesota or a political subdivision, but only if the 
  3.26  compensation for that employment was less than $1,000 in a 
  3.27  calendar year; 
  3.28     (16) employment for Minnesota that is a major policy making 
  3.29  or advisory position in the unclassified service, including 
  3.30  those positions established pursuant to section 43A.08, 
  3.31  subdivision 1a; 
  3.32     (17) employment for a political subdivision of Minnesota 
  3.33  that is a nontenured major policy making or advisory position; 
  3.34     (18) domestic employment in a private household, local 
  3.35  college club, or local chapter of a college fraternity or 
  3.36  sorority performed for a person, only if the wages paid in any 
  4.1   calendar quarter in either the current or preceding calendar 
  4.2   year to all individuals in domestic employment totaled less than 
  4.3   $1,000. 
  4.4      "Domestic employment" includes all service in the operation 
  4.5   and maintenance of a private household, for a local college 
  4.6   club, or local chapter of a college fraternity or sorority as 
  4.7   distinguished from service as an employee in the pursuit of an 
  4.8   employer's trade or business; 
  4.9      (19) employment of an individual by a son, daughter, or 
  4.10  spouse, and employment of a child under the age of 18 by the 
  4.11  child's father or mother; 
  4.12     (20) employment of an inmate of a custodial or penal 
  4.13  institution; 
  4.14     (21) employment for a school, college, or university by a 
  4.15  student who is enrolled and is regularly attending classes at 
  4.16  the school, college, or university; 
  4.17     (22) employment of an individual who is enrolled as a 
  4.18  student in a full-time program at a nonprofit or public 
  4.19  educational institution that maintains a regular faculty and 
  4.20  curriculum and has a regularly organized body of students in 
  4.21  attendance at the place where its educational activities are 
  4.22  carried on, taken for credit at the institution, that combines 
  4.23  academic instruction with work experience, if the employment is 
  4.24  an integral part of the program, and the institution has so 
  4.25  certified to the employer, except that this clause shall not 
  4.26  apply to employment in a program established for or on behalf of 
  4.27  an employer or group of employers; 
  4.28     (23) employment of university, college, or professional 
  4.29  school students in an internship or other training program with 
  4.30  the city of St. Paul or the city of Minneapolis pursuant to Laws 
  4.31  1990, chapter 570, article 6, section 3; 
  4.32     (24) employment for a hospital by a patient of the 
  4.33  hospital.  "Hospital" means an institution that has been 
  4.34  licensed by the department of health as a hospital; 
  4.35     (25) employment as a student nurse for a hospital or a 
  4.36  nurses' training school by an individual who is enrolled and is 
  5.1   regularly attending classes in an accredited nurses' training 
  5.2   school; 
  5.3      (26) employment as an intern for a hospital by an 
  5.4   individual who has completed a four-year course in an accredited 
  5.5   medical school; 
  5.6      (27) employment as an insurance salesperson, by other than 
  5.7   a corporate officer, if all the compensation for the employment 
  5.8   is solely by way of commission.  The word "insurance" shall 
  5.9   include an annuity and an optional annuity; 
  5.10     (28) employment as an officer of a township mutual 
  5.11  insurance company or farmer's mutual insurance company operating 
  5.12  pursuant to chapter 67A; 
  5.13     (29) employment as a real estate salesperson, by other than 
  5.14  a corporate officer, if all the compensation for the employment 
  5.15  is solely by way of commission; 
  5.16     (30) employment as a direct seller as defined in United 
  5.17  States Code, title 26, section 3508; 
  5.18     (31) employment of an individual under the age of 18 in the 
  5.19  delivery or distribution of newspapers or shopping news, not 
  5.20  including delivery or distribution to any point for subsequent 
  5.21  delivery or distribution; 
  5.22     (32) casual employment performed for an individual, other 
  5.23  than domestic employment under clause (18), that does not 
  5.24  promote or advance that employer's trade or business; 
  5.25     (33) employment in "agricultural employment" unless 
  5.26  considered "covered agricultural employment" under subdivision 
  5.27  11; or 
  5.28     (34) if employment during one-half or more of any pay 
  5.29  period was covered employment, all the employment for the pay 
  5.30  period shall be considered covered employment; but if during 
  5.31  more than one-half of any pay period the employment was 
  5.32  noncovered employment, then all of the employment for the pay 
  5.33  period shall be considered noncovered employment.  "Pay period" 
  5.34  means a period of not more than a calendar month for which a 
  5.35  payment or compensation is ordinarily made to the employee by 
  5.36  the employer.