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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 390-H.F.No. 2100 
           An act relating to agriculture; state agricultural 
          society; removing the time and geographical 
          restrictions on the society's ability to impose 
          certain restrictions on performers at the state 
          fairgrounds; amending Minnesota Statutes 1985 
          Supplement, sections 37.17, subdivision 1; and 177.23, 
          subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1985 Supplement, section 
37.17, subdivision 1, is amended to read:  
    Subdivision 1.  [LICENSE, REGULATION.] The society may 
license and regulate shows, exhibitions, performances, and 
privileges on the fairgrounds, revoke licenses, and prohibit, 
remove, and summarily stop exhibitions, performances, or 
privileges which violate society rules or other law.  If the 
society includes in a contract governing a show or performance 
on the fairgrounds a condition prohibiting the performer from 
performing elsewhere in the state, the prohibition may apply 
only to performances occurring within 100 miles of the 
fairgrounds and within 30 days of the date of the performance at 
the fairgrounds. 
    Sec. 2.  Minnesota Statutes 1985 Supplement, section 
177.23, subdivision 7, is amended to read: 
    Subd. 7.  "Employee" means any individual employed by an 
employer but does not include:  
    (1) two or fewer specified individuals employed at any 
given time in agriculture on a farming unit or operation who are 
paid a salary; 
    (2) any individual employed in agriculture on a farming 
unit or operation who is paid a salary greater than the 
individual would be paid if the individual worked 48 hours at 
the state minimum wage plus 17 hours at 1-1/2 times the state 
minimum wage per week;  
    (3) an individual under 18 who is employed in agriculture 
on a farm to perform services other than corn detasseling or 
hand field work when one or both of that minor hand field 
worker's parents or physical custodians are also hand field 
workers; 
    (4) for purposes of section 177.24, an individual under 18 
who is employed as a corn detasseler; 
    (5) any staff member employed on a seasonal basis by a 
nonprofit organization for work in an organized children's 
resident or day camp operating under a permit issued under 
section 144.72; 
     (6) any individual employed in a bona fide executive, 
administrative, or professional capacity, or a salesman who 
conducts no more than 20 percent of his sales on the premises of 
the employer; 
    (7) any individual who renders service gratuitously for a 
nonprofit organization; 
    (8) any individual who serves as an elected official for a 
political subdivision or who serves on any governmental board, 
commission, committee or other similar body, or who renders 
service gratuitously for a political subdivision; 
    (9) any individual employed by a political subdivision to 
provide police or fire protection services or employed by an 
entity whose principal purpose is to provide police or fire 
protection services to a political subdivision; 
    (10) any individual employed by a political subdivision who 
is ineligible for membership in the public employees retirement 
association under section 353.01, subdivision 2b, clause (a), 
(b), (d), or (i); 
    (11) any driver employed by an employer engaged in the 
business of operating taxicabs; 
    (12) any individual engaged in babysitting as a sole 
practitioner; 
    (13) for the purpose of section 177.25, any individual 
employed on a seasonal basis in a carnival, circus, or fair, or 
ski facility; 
    (14) any individual under 18 working less than 20 hours per 
workweek for a municipality as part of a recreational program; 
    (15) any individual employed by the state as a natural 
resource manager 1, 2, or 3 (conservation officer); 
    (16) any individual in a position for which the United 
States Department of Transportation has power to establish 
qualifications and maximum hours of service under United States 
Code, title 49, section 304; 
    (17) any individual employed as a seafarer.  The term 
"seafarer" means a master of a vessel or any person subject to 
the authority, direction, and control of the master who is 
exempt from federal overtime standards under United States Code, 
title 29, section 213(b)(6), including but not limited to 
pilots, sailors, engineers, radio operators, firefighters, 
watchmen, pursers, surgeons, cooks, and stewards;  
    (18) any individual employed by a county in a single family 
residence owned by a county home school as authorized under 
section 260.094 if the residence is an extension facility of 
that county home school, and if the individual as part of his 
employment duties resides at the residence for the purpose of 
supervising children as defined by section 260.015, subdivision 
2; or 
    (19) nuns, monks, priests, lay brothers, lay sisters, 
ministers, deacons, and other members of religious orders who 
serve pursuant to their religious obligations in schools, 
hospitals, and other nonprofit institutions operated by the 
church or religious order. 
     Sec. 3.  [EFFECTIVE DATE.] 
     Section 1 is effective the day following final enactment. 
    Approved March 21, 1986