Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 512-H.F.No. 2159
An act relating to limited liability companies;
providing for the application of workers' compensation
and unemployment compensation laws; amending Minnesota
Statutes 1992, section 176.041, subdivision 1;
Minnesota Statutes 1993 Supplement, sections 176.041,
subdivision 1a; and 268.04, subdivision 12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 176.041,
subdivision 1, is amended to read:
Subdivision 1. [EMPLOYMENTS EXCLUDED.] This chapter does
not apply to any of the following:
(a) a person employed by a common carrier by railroad
engaged in interstate or foreign commerce and who is covered by
the Federal Employers' Liability Act, United States Code, title
45, sections 51 to 60, or other comparable federal law;
(b) a person employed by a family farm as defined by
section 176.011, subdivision 11a;
(c) the spouse, parent, and child, regardless of age, of a
farmer-employer working for the farmer-employer;
(d) a sole proprietor, or the spouse, parent, and child,
regardless of age, of a sole proprietor;
(e) a partner engaged in a farm operation or a partner
engaged in a business and the spouse, parent, and child,
regardless of age, of a partner in the farm operation or
business;
(f) an executive officer of a family farm corporation;
(g) an executive officer of a closely held corporation
having less than 22,880 hours of payroll in the preceding
calendar year, if that executive officer owns at least 25
percent of the stock of the corporation;
(h) a spouse, parent, or child, regardless of age, of an
executive officer of a family farm corporation as defined in
section 500.24, subdivision 2, and employed by that family farm
corporation;
(i) a spouse, parent, or child, regardless of age, of an
executive officer of a closely held corporation who is referred
to in paragraph (g);
(j) another farmer or a member of the other farmer's family
exchanging work with the farmer-employer or family farm
corporation operator in the same community;
(k) a person whose employment at the time of the injury is
casual and not in the usual course of the trade, business,
profession, or occupation of the employer;
(l) persons who are independent contractors as defined by
rules adopted by the commissioner pursuant to section 176.83
except that this exclusion does not apply to an employee of an
independent contractor;
(m) an officer or a member of a veterans' organization
whose employment relationship arises solely by virtue of
attending meetings or conventions of the veterans' organization,
unless the veterans' organization elects by resolution to
provide coverage under this chapter for the officer or member;
(n) a person employed as a household worker in, for, or
about a private home or household who earns less than $1,000 in
cash in a three-month period from a single private home or
household provided that a household worker who has earned $1,000
or more from the household worker's present employer in a
three-month period within the previous year is covered by this
chapter regardless of whether or not the household worker has
earned $1,000 in the present quarter;
(o) persons employed by a closely held corporation who are
related by blood or marriage, within the third degree of kindred
according to the rules of civil law, to an officer of the
corporation, who is referred to in paragraph (g), if the
corporation files a written election with the commissioner to
exclude such individuals. A written election is not required
for a person who is otherwise excluded from this chapter by this
section;
(p) a nonprofit association which does not pay more than
$1,000 in salary or wages in a year;
(q) persons covered under the Domestic Volunteer Service
Act of 1973, as amended, United States Code, title 42, sections
5011, et. seq.;
(r) a manager of a limited liability company having ten or
fewer members and having less than 22,880 hours of payroll in
the preceding calendar year, if that manager owns at least a 25
percent membership interest in the limited liability company;
(s) a spouse, parent, or child, regardless of age, of a
manager of a limited liability company described in paragraph
(r);
(t) persons employed by a limited liability company having
ten or fewer members and having less than 22,880 hours of
payroll in the preceding calendar year who are related by blood
or marriage, within the third degree of kindred according to the
rules of civil law, to a manager of a limited liability company
described in paragraph (r), if the company files a written
election with the commissioner to exclude these persons. A
written election is not required for a person who is otherwise
excluded from this chapter by this section; or
(u) members of limited liability companies who satisfy the
requirements of paragraph (l).
Sec. 2. Minnesota Statutes 1993 Supplement, section
176.041, subdivision 1a, is amended to read:
Subd. 1a. [ELECTION OF COVERAGE.] The persons,
partnerships, limited liability companies, and corporations
described in this subdivision may elect to provide the insurance
coverage required by this chapter.
(a) An owner or owners of a business or farm may elect
coverage for themselves.
(b) A partnership owning a business or farm may elect
coverage for any partner.
(c) A family farm corporation as defined in section 500.24,
subdivision 2, clause (c), may elect coverage for any executive
officer.
(d) A closely held corporation which had less than 22,880
hours of payroll in the previous calendar year may elect
coverage for any executive officer if that executive officer is
also an owner of at least 25 percent of the stock of the
corporation.
(e) A limited liability company which had less than 22,880
hours of payroll in the previous calendar year may elect
coverage for any manager if that manager is also an owner of at
least 25 percent membership interest in the limited liability
company.
(f) A person, partnership, limited liability company, or
corporation hiring an independent contractor, as defined by
rules adopted by the commissioner, may elect to provide coverage
for that independent contractor.
A person, partnership, limited liability company, or
corporation may charge the independent contractor a fee for
providing the coverage only if the independent contractor (1)
elects in writing to be covered, (2) is issued an endorsement
setting forth the terms of the coverage, the name of the
independent contractors, and the fee and how it is calculated.
The persons, partnerships, limited liability companies, and
corporations described in this subdivision may also elect
coverage for an employee who is a spouse, parent, or child,
regardless of age, of an owner, partner, manager, or executive
officer, who is eligible for coverage under this subdivision.
Coverage may be elected for a spouse, parent, or child whether
or not coverage is elected for the related owner,
partner, manager, or executive director and whether or not the
person, partnership, limited liability company, or corporation
employs any other person to perform a service for hire. Any
person for whom coverage is elected pursuant to this subdivision
shall be included within the meaning of the term employee for
the purposes of this chapter.
Notice of election of coverage or of termination of
election under this subdivision shall be provided in writing to
the insurer. Coverage or termination of coverage is effective
the day following receipt of notice by the insurer or at a
subsequent date if so indicated in the notice. The insurance
policy shall be endorsed to indicate the names of those persons
for whom coverage has been elected or terminated under this
subdivision. An election of coverage under this subdivision
shall continue in effect as long as a policy or renewal policy
of the same insurer is in effect.
Nothing in this subdivision shall be construed to limit the
responsibilities of owners, partnerships, limited liability
companies, or corporations to provide coverage for their
employees, if any, as required under this chapter.
Sec. 3. Minnesota Statutes 1993 Supplement, section
268.04, subdivision 12, is amended to read:
Subd. 12. [EMPLOYMENT.] "Employment" means: (1) Any
service performed, including service in interstate commerce, by;
(a) any officer of any corporation;
(b) any member of a limited liability company who owns less
than ten percent of the governance rights of the limited
liability company is a servant under the law of master and
servant;
(c) any individual who performs services for remuneration
for any person as an agent-driver or commission-driver engaged
in distributing meat products, vegetable products, fruit
products, bakery products, beverages, or laundry or dry cleaning
services, for a principal, or as a traveling or city
salesperson, other than as an agent-driver or commission-driver,
engaged upon a full-time basis in the solicitation on behalf of,
and the transmission to, a principal (except for sideline sales
activities on behalf of some other person) of orders from
wholesalers, retailers, contractors, or operators of hotels,
restaurants, or other similar establishments for merchandise for
resale or supplies for use in their business operations; or
(d) any individual who is a servant under the law of master
and servant or who performs services for any employing unit,
unless such services are performed by an independent contractor.
Provided, that for purposes of clause (1)(c), the term
"employment" shall include services described above only if the
contract of service contemplates that substantially all of the
services are to be performed personally by such individual, the
individual does not have a substantial investment in facilities
used in connection with the performance of the services (other
than in facilities for transportation), and the services are not
in the nature of a single transaction that is not part of a
continuing relationship with the person for whom the services
are performed.
(2) The term "employment" shall include an individual's
entire service, performed within or both within and without this
state if (a) the service is localized in this state; or (b) the
service is not localized in any state but some of the service is
performed in this state and (1) the base of operations, or, if
there is no base of operations, then the place from which such
service is directed or controlled, is in this state; or (2) the
base of operations or place from which such service is directed
or controlled is not in any state in which some part of the
service is performed, but the individual's residence is in this
state.
(3) Service shall be deemed to be localized within a state
if (a) the service is performed entirely within such state; or
(b) the service is performed both within and without such state,
but the service performed without such state is incidental to
the individual's service within the state, for example, is
temporary or transitory in nature or consists of isolated
transactions.
(4) The term "employment" shall include an individual's
service wherever performed within the United States or Canada,
if
(a) such service is not covered under the unemployment
compensation law of any other state or Canada, and
(b) the place from which the service is directed or
controlled is in this state.
(5)(a) Service covered by an election pursuant to section
268.11, subdivision 3; and
(b) service covered by an arrangement pursuant to section
268.13 between the commissioner and the agency charged with the
administration of any other state or federal employment security
law, pursuant to which all service performed by an individual
for an employing unit is deemed to be performed entirely within
this state, shall be deemed to be employment if the commissioner
has approved an election of the employing unit for which such
service is performed, pursuant to which the entire service of
such individual during the period covered by such election is
deemed to be employment.
(6) Notwithstanding any inconsistent provisions of sections
268.03 to 268.231, the term "employment" shall include any
services which are performed by an individual with respect to
which an employing unit is liable for any federal tax against
which credit may be taken for contributions required to be paid
into a state unemployment compensation fund or which as a
condition for full tax credit against the tax imposed by the
Federal Unemployment Tax Act is required to be covered under
this law.
(7) Service performed by an individual in the employ of the
state of Minnesota or any instrumentality which is wholly owned
by the state of Minnesota or in the employ of this state and one
or more other states or an instrumentality of this state and one
or more of its political subdivisions or an instrumentality of
this state and another state or an instrumentality of this state
and one or more political subdivisions of another state if such
service is excluded from "employment" as defined by section
3306(c)(7) of the Federal Unemployment Tax Act and is not
excluded from "employment" under clause (10).
(8) Service performed by an individual in the employ of any
political subdivision of the state of Minnesota or
instrumentality thereof or an instrumentality of two or more
political subdivisions of this state or any instrumentality of a
political subdivision of this state and another state or
political subdivisions of another state if such service is
excluded from "employment" as defined by section 3306(c)(7) of
the Federal Unemployment Tax Act and is not excluded from
"employment" under clause (10).
(9) Service performed by an individual in the employ of a
religious, charitable, educational or other organization but
only if the following conditions are met:
(a) the service is excluded from "employment" as defined in
the Federal Unemployment Tax Act solely by reason of section
3306(c)(8) of that act; and
(b) the organization had one or more individuals in
employment for some portion of a day in each of 20 different
weeks, whether or not such weeks were consecutive, within either
the current or preceding calendar year, regardless of whether
they were employed at the same moment of time.
(10) For the purposes of clauses (7), (8), and (9), the
term "employment" does not apply to service performed
(a) in the employ of a church or convention or association
of churches, or an organization which is operated primarily for
religious purposes and which is operated, supervised,
controlled, or principally supported by a church or convention
or association of churches; or
(b) by a duly ordained, commissioned, 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 such
order; or
(c) 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 remunerative work for individuals
who because of an impaired physical or mental capacity cannot be
readily absorbed in the competitive labor market, by an
individual receiving the rehabilitation or remunerative work.
This exclusion applies only to services performed in a facility
which is certified by the Minnesota department of jobs and
training, division of rehabilitative services or in day training
and habilitation programs licensed by the department of human
services, and is limited to the effective period of the
certificate or license; or
(d) 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,
by an individual receiving such work relief or work training.
This exclusion shall not apply to programs that provide for and
require unemployment insurance coverage for the participants; or
(e) by an inmate of a custodial or penal institution; or
(f) in the employ of governmental entities referred to in
clauses (7) and (8) if such service is performed by an
individual in the exercise of duties
(i) as an elected official,
(ii) as a member of a legislative body, or a member of the
judiciary,
(iii) as a member of the Minnesota national guard or air
national guard,
(iv) as an employee serving only on a temporary basis in
case of fire, storm, snow, earthquake, flood or similar
emergency,
(v)(a) in a position with the state of Minnesota which is a
major nontenured policy making or advisory position in the
unclassified service, or
(b) a policy making position with the state of Minnesota or
a political subdivision the performance of the duties of which
ordinarily does not require more than eight hours per week; or
(c) in a position with a political subdivision which is a
major nontenured policy making or advisory position.
(11) The term "employment" shall include the service of an
individual who is a citizen of the United States, performed
outside the United States, except in Canada, in the employ of an
American employer (other than service which is deemed
"employment" under the provisions of clause (2), (3), or (4) or
the parallel provisions of another state's law) if:
(a) The employer's principal place of business in the
United States is located in this state; or
(b) The employer has no place of business in the United
States, but the employer is an individual who is a resident of
this state, or the employer is a corporation which is organized
under the laws of this state, or the employer is a partnership
or a trust and the number of partners or trustees who are
residents of this state is greater than the number who are
residents of any one other state; or
(c) None of the criteria of clauses (a) and (b) is met but
the employer has elected coverage in this state, or the employer
having failed to elect coverage in any state, the individual has
filed a claim for benefits, based on such service, under the law
of this state.
(d) An "American employer," for the purposes of this
subdivision, means a person who is an individual who is a
resident of the United States, or a partnership if two-thirds or
more of the partners are residents of the United States, or a
trust, if all of the trustees are residents of the United
States, or a corporation organized under the laws of the United
States or of any state;
(e) As used in this subdivision, the term "United States"
includes the states, the District of Columbia, the Commonwealth
of Puerto Rico, and the Virgin Islands.
(12) Notwithstanding clause (2), all service performed by
an officer or member of the crew of an American vessel on or in
connection with such vessel, if the operating office, from which
the operations of such vessel operating on navigable waters
within, or within and without, the United States are ordinarily
and regularly supervised, managed, directed, and controlled is
within this state.
(13) Service performed by an individual in agricultural
labor as defined in clause (15)(a) when:
(a) Such service is performed for a person who:
(i) during any calendar quarter in either the current or
the preceding calendar year paid wages of $20,000 or more to
individuals employed in agricultural labor, or
(ii) for some portion of a day in each of 20 different
calendar weeks, whether or not such weeks were consecutive, in
either the current or preceding calendar year employed in
agricultural labor four or more individuals regardless of
whether they were employed at the same time.
(b) For the purpose of this clause (13) any individual who
is a member of a crew furnished by a crew leader to perform
service in agricultural labor for any other person shall be
treated as an employee of the crew leader:
(i) if the crew leader holds a valid certificate of
registration under the Migrant and Seasonal Agricultural Worker
Protection Act; or substantially all of the members of the crew
operate or maintain tractors, mechanized harvesting or crop
dusting equipment, or any other mechanized equipment, which is
provided by the crew leader; and
(ii) if the individual is not an employee of another person
as determined by clause (1).
(c) For the purpose of this clause (13) in the case of any
individual who is furnished by a crew leader to perform service
in agricultural labor for any other person and who is not
treated as an employee of the crew leader under subclause
(13)(b):
(i) such other person and not the crew leader shall be
treated as the employer of such individual; and
(ii) such other person shall be treated as having paid
wages to such individual in an amount equal to the amount of
wages paid to such individual by the crew leader (either on the
crew leader's behalf or on behalf of such other person) for the
service in agricultural labor performed for such other person.
(d) For the purposes of this clause (13) the term "crew
leader" means an individual who:
(i) furnishes individuals to perform service in
agricultural labor for any other person,
(ii) pays (either on the crew leader's own behalf or on
behalf of such other person) the individuals so furnished by the
crew leader for the service in agricultural labor performed by
them, and
(iii) has not entered into a written agreement with such
other person under which such furnished individual is designated
as an employee of such other person.
(e) For the purposes of this clause (13) services performed
by an officer or shareholder of a family farm corporation shall
be excluded from agricultural labor and employment unless said
corporation is an employer as defined in section 3306(a)(2) of
the Federal Unemployment Tax Act.
(f) For the purposes of this clause (13), services
performed by an individual 16 years of age or under shall be
excluded from agricultural labor and employment unless the
employer is an employer as defined in section 3306(a)(2) of the
Federal Unemployment Tax Act.
(14) Domestic service in a private home, local college
club, or local chapter of a college fraternity or sorority
performed for a person who paid wages of $1,000 or more in any
calendar quarter in either the current or preceding calendar
year to individuals employed in domestic service.
"Domestic service" includes all service for an individual
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, occupation, profession,
enterprise, or vocation.
(15) The term "employment" shall not include:
(a) Agricultural labor. Service performed by an individual
in agricultural labor, except as provided in clause (13). The
term "agricultural labor" includes all services performed:
(1) On a farm, in the employ of any person or family farm
corporation, in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing,
feeding, caring for, training, and management of livestock,
bees, poultry, fur-bearing animals and wildlife;
(2) In the employ of the owner or tenant or other operator
of a farm, in connection with the operation, management,
conservation, improvement, or maintenance of such farm and its
tools and equipment, or in salvaging timber or clearing land of
brush and other debris left by a tornadic-like storm, if the
major part of such service is performed on a farm;
(3) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section 15(g)
of the Agricultural Marketing Act, as amended (46 Statutes 1550,
section 3; United States Code, title 12, section 1141j) or in
connection with the ginning of cotton, or in connection with the
operation or maintenance of ditches, canals, reservoirs, or
waterways, not owned or operated for profit, used exclusively
for supplying and storing water for farming purposes;
(4) In the employ of the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing, or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured
state, any agricultural or horticultural commodity; but only if
such operator produced more than one-half of the commodity with
respect to which such service is performed, or in the employ of
a group of operators of farms (or a cooperative organization of
which such operators are members) in the performance of service
described herein, but only if such operators produced more than
one-half of the commodity with respect to which such service is
performed; however, the provisions of this paragraph shall not
be deemed to be applicable with respect to service performed in
connection with commercial canning or commercial freezing or in
connection with any agricultural or horticultural commodity
after its delivery to a terminal market for distribution for
consumption; or
(5) On a farm operated for profit if such service is not in
the course of the employer's trade or business.
As used herein, the term "farm" includes stock, dairy,
poultry, fruit, fur-bearing animal, and truck farms,
plantations, ranches, nurseries, ranges, greenhouses or other
similar structures used primarily for the raising of
agricultural or horticultural commodities, and orchards.
(b) Casual labor not in the course of the employing unit's
trade or business;
(c) Service performed on the navigable waters of the United
States as to which this state is prohibited by the constitution
and laws of the United States of America from requiring
contributions of employers with respect to wages as provided in
sections 268.03 to 268.231;
(d) Service performed by an individual in the employ of a
son, daughter, or spouse, and service performed by a child under
the age of 18 in the employ of the child's father or mother;
(e) Service performed in the employ of the United States
government, or any instrumentality of the United States exempt
under the constitution of the United States from the
contributions imposed by sections 268.03 to 268.231, except that
with respect to such service and to the extent that the congress
of the United States shall permit states to require any
instrumentalities of the United States to make payments into an
unemployment compensation fund under a state unemployment
compensation act; then, to the extent permitted by congress, and
from and after the date as of which such permission becomes
effective, all of the provisions of these sections shall be
applicable to such instrumentalities and to services performed
for such instrumentalities in the same manner, to the same
extent, and on the same terms as to all other employers,
employing units, individuals, and services; provided, that if
this state shall not be certified for any year by the United
States Department of Labor under section 3304(c) of the federal
Internal Revenue Code, the payments required of such
instrumentalities with respect to such year shall be refunded by
the commissioner from the fund in the same manner and within the
same period as is provided in section 268.16, subdivision 6,
with respect to contributions erroneously collected;
(f) Service with respect to which unemployment compensation
is payable under an unemployment compensation system established
by an act of congress;
(g)(1) Service performed in any calendar quarter in the
employ of any organization exempt from income tax under section
501(a) (other than an organization described in section 401(a))
or section 521 of the federal Internal Revenue Code, if the
remuneration for such service is less than $50; or
(2) Service performed in the employ of a school, college,
or university, if such service is performed by a student who is
enrolled and is regularly attending classes at such school,
college, or university; or
(3) Service performed by an individual who is enrolled at a
nonprofit or public educational institution which normally
maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in
a full-time program, taken for credit at such institution, which
combines academic instruction with work experience, if such
service is an integral part of such program, and such
institution has so certified to the employer, except that this
paragraph shall not apply to service performed in a program
established for or on behalf of an employer or group of
employers;
(h) Service performed in the employ of a foreign government
(including service as a consular or other officer or employee or
a nondiplomatic representative);
(i) Service performed in the employ of an instrumentality
wholly owned by a foreign government, if
(1) The service is of a character similar to that performed
in foreign countries by employees of the United States
government or of an instrumentality thereof; and
(2) The commissioner finds that the United States Secretary
of State has certified to the United States Secretary of the
Treasury that the foreign government, with respect to whose
instrumentality exemption is claimed, grants an equivalent
exemption with respect to similar service performed in the
foreign country by employees of the United States government and
of instrumentalities thereof.
(j) Service covered by an arrangement between the
commissioner and the agency charged with the administration of
any other state or federal employment security law pursuant to
which all services performed by an individual for an employing
unit during the period covered by such employing unit's duly
approved election, are deemed to be performed entirely within
such agency's state;
(k) Service performed in the employ of a hospital, if such
service is performed by a patient of the hospital, as defined in
clause (17);
(l) Service performed as a student nurse in the employ of a
hospital or a nurses' training school by an individual who is
enrolled and is regularly attending classes in a nurses'
training school chartered and approved pursuant to state law;
and service performed as an intern in the employ of a hospital
by an individual who has completed a four years' course in a
medical school chartered and approved pursuant to state law;
(m) Service performed by an individual other than a
corporate officer, for a person as an insurance agent or as an
insurance solicitor, if all such service performed by such
individual for such person is performed for remuneration solely
by way of commission (the word "insurance" as used in this
subdivision shall include an annuity and an optional annuity);
(n) Service performed by 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;
(o) Service performed by an individual other than a
corporate officer, for a person as a real estate salesperson, if
all such service performed by such individual for such person is
performed for remuneration solely by way of commission;
(p) If the service performed during one-half or more of any
pay period by an individual for the person employing the
individual constitutes employment, all the service of such
individual for such period shall be deemed to be employment; but
if the service performed during more than one-half of any such
pay period by an individual for the person employing the
individual does not constitute employment, then none of the
service of such individual for such period shall be deemed to be
employment. As used in this subdivision, the term "pay period"
means a period of not more than a calendar month for which a
payment or remuneration is ordinarily made to the individual by
the person employing the individual.
(q) Services performed for a state, other than the state of
Minnesota, or an instrumentality wholly owned by such other
state or political subdivision of such other state;
(r) Services performed as a direct seller as defined in
United States Code, title 26, section 3508;
(s) Notwithstanding clauses (1)(a) and (15)(m), services
performed as an officer of a township mutual insurance company
or farmer's mutual insurance company operating pursuant to
chapter 67A.
(16) "Institution of higher education," for the purposes of
this chapter, means an educational institution which:
(a) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(b) Is legally authorized in this state to provide a
program of education beyond high school;
(c) Provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for credit toward such a degree, a program of
postgraduate or postdoctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation; and
(d) Is a public or other nonprofit institution.
(e) Notwithstanding any of the foregoing provisions of this
clause, all colleges and universities in this state are
institutions of higher education for purposes of this section.
(17) "Hospital" means an institution which has been
licensed, certified or approved by the department of health as a
hospital.
Sec. 4. [EFFECTIVE DATE.]
Section 3 is effective January 1, 1995.
Presented to the governor April 22, 1994
Signed by the governor April 25, 1994, 1:13 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes