| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 39-A MRSA §102, sub-§11, ¶B-1, as enacted by PL 1999, c. 364, | | §2, is amended to read: |
|
| | | B-1. "Employee" includes any person engaged in harvesting | forest products, except the following persons, as long as | they meet the criteria for obtaining a certificate of | independent status or a predetermination of independent | contractor status: |
|
| | | (1) A person who contracts directly with the landowner | | if the person meets the criteria for obtaining a | | certificate of independent status or a predetermination | | of independent contractor status and: |
|
| | | (a) Performs all of the wood harvesting alone; |
|
| | | (b) Performs all of the wood harvesting alone or | | with the assistance of one or more of the | | following persons whose relationship with the | | person is that of spouse, parent, sibling, child, | | niece or nephew; |
|
| | | (c) Performs all of the wood harvesting alone or | | with the assistance of one or more other persons | | all covered by workers' compensation insurance; or |
|
| | | (d) Performs all of the wood harvesting alone or | | with the assistance of a partner when a legal | | partnership exists and neither partner acts as a | | supervisor of the other; |
|
| | | (2) A spouse, parent, sibling, child, niece or nephew | | of a person who contracts directly with the landowner | | to perform all of the wood harvesting alone or with the | | assistance of one or more of the following: the | | person's spouse, parent, sibling, child, niece or | | nephew; or |
|
| | | (3) A partner of a person who contracts directly with | | the landowner to perform all of the wood harvesting | | alone or with the assistance of a partner when a legal | | partnership exists and neither partner acts as a | | supervisor of the other. |
|
| | | Unless employed by a private employer, a person considered an | | employee under this paragraph shall obtain personal coverage in | | the same manner and under the same provisions as |
|
|