SF 1456

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/26/2015 08:29am

A bill for an act
relating to historical societies; creating employment and contracting provisions
for historic preservation corps; amending Minnesota Statutes 2014, sections
177.43, subdivision 2; 268.035, subdivision 20; 471.59, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 138.

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

Section 1.

new text begin [138.935] HISTORIC PRESERVATION CORPS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section "historic preservation
corps" means a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code
that provides on-the-job training and workforce development skills to teach and employ
individuals in the repair and maintenance of historic structures, buildings, and sites.
new text end

new text begin Subd. 2. new text end

new text begin Employees; joint powers. new text end

new text begin (a) Historic preservation corps employees
who are employed as corps members to receive training are not eligible for employment
benefits under chapter 268 and are exempt from the prevailing wage requirements under
section 177.43, subdivision 2.
new text end

new text begin (b) Historic preservation corps are governmental units for the purposes of section
471.59 and have the rights and liabilities available under that section.
new text end

new text begin Subd. 3. new text end

new text begin Limitations on Minnesota preservation corps projects. new text end

new text begin Each employing
state or local agency must certify that the assignment of Minnesota preservation corps
members will not result in the displacement of currently employed workers or workers on
seasonal layoff, including partial displacement such as reduction in hours of nonovertime
work, wages, or other employment benefits. Supervising agencies that participate in the
program may not terminate, lay off, reduce the seasonal hours, or reduce the working
hours of any employee for the purpose of using a corps member with available funds. The
positions and job duties of corps members employed in projects shall be submitted to
affected exclusive representatives prior to actual assignment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 177.43, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

This section does not apply to wage rates and hours of
employment of laborers or mechanics who process or manufacture materials or products
or to the delivery of materials or products by or for commercial establishments which have
a fixed place of business from which they regularly supply processed or manufactured
materials or products. This section applies to laborers or mechanics who deliver mineral
aggregate such as sand, gravel, or stone which is incorporated into the work under the
contract by depositing the material substantially in place, directly or through spreaders,
from the transporting vehicle. new text begin This section does not apply to a historic preservation corps
as defined by section 138.935.
new text end

Sec. 3.

Minnesota Statutes 2014, section 268.035, subdivision 20, is amended to read:

Subd. 20.

Noncovered employment.

"Noncovered employment" means:

(1) employment for the United States government or an instrumentality thereof,
including military service;

(2) employment for a state, other than Minnesota, or a political subdivision or
instrumentality thereof;

(3) employment for a foreign government;

(4) employment for an instrumentality wholly owned by a foreign government,
if the employment is of a character similar to that performed in foreign countries by
employees of the United States government or an instrumentality thereof and the United
States Secretary of State has certified that the foreign government grants an equivalent
exemption to similar employment performed in the foreign country by employees of the
United States government and instrumentalities thereof;

(5) employment covered under United States Code, title 45, section 351, the
Railroad Unemployment Insurance Act;

(6) employment covered by a reciprocal arrangement between the commissioner and
another state or the federal government that provides that all employment performed by an
individual for an employer during the period covered by the reciprocal arrangement is
considered performed entirely within another state;

(7) employment for a church or convention or association of churches, or an
organization operated primarily for religious purposes that is operated, supervised,
controlled, or principally supported by a church or convention or association of churches
described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue
Code and exempt from income tax under section 501(a);

(8) employment of a duly ordained or licensed minister of a church in the exercise of
a ministry or by a member of a religious order in the exercise of duties required by the
order, for Minnesota or a political subdivision or an organization described in United
States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt
from income tax under section 501(a);

(9) employment of an individual receiving rehabilitation of "sheltered" work 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 a program providing "sheltered" work for individuals who because of an
impaired physical or mental capacity cannot be readily absorbed in the competitive labor
market. This clause applies only to services performed for Minnesota or a political
subdivision or an organization described in United States Code, title 26, section 501(c)(3)
of the federal Internal Revenue Code and exempt from income tax under section 501(a)
in a facility certified by the Rehabilitation Services Branch of the department or in a day
training or habilitation program licensed by the Department of Human Services;

(10) employment of an individual receiving work relief or work training 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.
This clause applies only to employment for Minnesota or a political subdivision or an
organization described in United States Code, title 26, section 501(c)(3) of the federal
Internal Revenue Code and exempt from income tax under section 501(a). This clause does
not apply to programs that require unemployment benefit coverage for the participants;

(11) employment for Minnesota or a political subdivision as an elected official, a
member of a legislative body, or a member of the judiciary;

(12) employment as a member of the Minnesota National Guard or Air National
Guard;

(13) employment for Minnesota, a political subdivision, or instrumentality thereof,
as an employee serving only on a temporary basis in case of fire, flood, tornado, or
similar emergency;

(14) employment as an election official or election worker for Minnesota or a
political subdivision, but only if the compensation for that employment was less than
$1,000 in a calendar year;

(15) employment for Minnesota that is a major policy-making or advisory position
in the unclassified service;

(16) employment for Minnesota in an unclassified position established under section
43A.08, subdivision 1a;

(17) employment for a political subdivision of Minnesota that is a nontenured major
policy making or advisory position;

(18) domestic employment in a private household, local college club, or local
chapter of a college fraternity or sorority performed for a person, only if the wages paid
in any calendar quarter in either the current or prior calendar year to all individuals in
domestic employment totaled less than $1,000.

"Domestic employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college fraternity or
sorority as distinguished from service as an employee in the pursuit of an employer's
trade or business;

(19) employment of an individual by a son, daughter, or spouse, and employment of
a child under the age of 18 by the child's father or mother;

(20) employment of an inmate of a custodial or penal institution;

(21) employment for a school, college, or university by a student who is enrolled
and whose primary relation to the school, college, or university is as a student. This does
not include an individual whose primary relation to the school, college, or university is
as an employee who also takes courses;

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

(23) employment of university, college, or professional school students in an
internship or other training program with the city of St. Paul or the city of Minneapolis
under Laws 1990, chapter 570, article 6, section 3;

(24) employment for a hospital by a patient of the hospital. "Hospital" means an
institution that has been licensed by the Department of Health as a hospital;

(25) employment as a student nurse for a hospital or a nurses' training school by
an individual who is enrolled and is regularly attending classes in an accredited nurses'
training school;

(26) employment as an intern for a hospital by an individual who has completed a
four-year course in an accredited medical school;

(27) employment as an insurance salesperson, by other than a corporate officer, if all
the wages from the employment is solely by way of commission. The word "insurance"
includes an annuity and an optional annuity;

(28) employment as an officer of a township mutual insurance company or farmer's
mutual insurance company operating under chapter 67A;

(29) employment of a corporate officer, if the officer directly or indirectly, including
through a subsidiary or holding company, owns 25 percent or more of the employer
corporation, and employment of a member of a limited liability company, if the member
directly or indirectly, including through a subsidiary or holding company, owns 25 percent
or more of the employer limited liability company;

(30) employment as a real estate salesperson, by other than a corporate officer, if all
the wages from the employment is solely by way of commission;

(31) employment as a direct seller as defined in United States Code, title 26, section
3508;

(32) employment of an individual under the age of 18 in the delivery or distribution
of newspapers or shopping news, not including delivery or distribution to any point for
subsequent delivery or distribution;

(33) casual employment performed for an individual, other than domestic
employment under clause (18), that does not promote or advance that employer's trade or
business;

(34) employment in "agricultural employment" unless considered "covered
agricultural employment" under subdivision 11; deleted text begin or
deleted text end

(35) if employment during one-half or more of any pay period was covered
employment, all the employment for the pay period is considered covered employment;
but if during more than one-half of any pay period the employment was noncovered
employment, then all of the employment for the pay period is considered noncovered
employment. "Pay period" means a period of not more than a calendar month for which a
payment or compensation is ordinarily made to the employee by the employer new text begin ; or
new text end

new text begin (36) employment as a corps member who is being trained for historic preservation
and is employed by a historic preservation corps under section 138.935 new text end .

Sec. 4.

Minnesota Statutes 2014, section 471.59, subdivision 1, is amended to read:

Subdivision 1.

Agreement.

Two or more governmental units, by agreement entered
into through action of their governing bodies, may jointly or cooperatively exercise
any power common to the contracting parties or any similar powers, including those
which are the same except for the territorial limits within which they may be exercised.
The agreement may provide for the exercise of such powers by one or more of the
participating governmental units on behalf of the other participating units. The term
"governmental unit" as used in this section includes every city, county, town, school
district, independent nonprofit firefighting corporation, other political subdivision of
this or another state, another state, federally recognized Indian tribe, the University of
Minnesota, the Minnesota Historical Society, new text begin historic preservation corps under section
138.395, new text end nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation
facilities and extended employment providers that are certified by the commissioner of
employment and economic development, day and supported employment services licensed
under chapter 245D, and any agency of the state of Minnesota or the United States, and
includes any instrumentality of a governmental unit. For the purpose of this section, an
instrumentality of a governmental unit means an instrumentality having independent
policy-making and appropriating authority.