1.1.................... moves to amend H.F. No. 5363, the third engrossment, as follows:
1.2Page 5, line 21, strike "or"
1.3Page 5, line 22, strike the period and insert "; or"
1.4Page 5, after line 22, insert:
1.5"(4) employment with a small employer that has not elected to provide coverage under
1.6section 268B.11, subdivision 1a."
1.7Page 6, line 6, delete "or" and insert a comma and after "contractor" insert ", or an
1.8individual employed by a small employer that has not elected coverage"
1.9Page 6, after line 18, insert:

1.10    "Sec. 10. Minnesota Statutes 2023 Supplement, section 268B.01, subdivision 17, is
1.11amended to read:
1.12    Subd. 17. Employee. (a) "Employee" means an individual who performs services of
1.13whatever nature for an employer.
1.14(b) Employee does not include employees of the United States of America, self-employed
1.15individuals, or independent contractors.
1.16(c) Employee does not include seasonal employees as defined in subdivision 35.
1.17(d) Employee does not include an employee employed by an employer excluded from
1.18covered employment under subdivision 15, clause (4), unless the employee individually
1.19elects coverage under section 268B.11, subdivision 1.

1.20    Sec. 11. Minnesota Statutes 2023 Supplement, section 268B.01, subdivision 18, is amended
1.21to read:
1.22    Subd. 18. Employer. (a) Except as provided in paragraph (b), "employer" means:
2.1(1) any person, type of organization, or entity, including any partnership, association,
2.2trust, estate, joint stock company, insurance company, limited liability company, or
2.3corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or
2.4the legal representative of a deceased person, having any individual in covered employment;
2.5(2) the state, state agencies, Minnesota State Colleges and Universities, University of
2.6Minnesota, and other statewide public systems;
2.7(3) any municipality or local government entity, including but not limited to a county,
2.8city, town, school district, Metropolitan Council, Metropolitan Airports Commission, housing
2.9and redevelopment authority, port authority, economic development authority, sports facilities
2.10authority, board or commission, joint powers board or organization created under section
2.11471.59, destination medical center corporation, municipal corporation, quasimunicipal
2.12corporation, or other political subdivision. An employer also includes charter schools; and
2.13(4) the taxpaying employer as described in section 268.046, subdivision 1.
2.14(b) Employer does not include:
2.15(1) the United States of America; or
2.16(2) a self-employed individual who has elected and been approved for coverage under
2.17section 268B.11 with regard to the self-employed individual's own coverage and benefits.;
2.18or
2.19(3) a small employer having fewer than 20 individuals in covered employment, unless
2.20the small employer voluntarily elects to provide family and medical leave coverage under
2.21section 268B.11, subdivision 1a."
2.22Page 41, after line 15, insert:

2.23    "Sec. 13. Minnesota Statutes 2023 Supplement, section 268B.11, is amended to read:
2.24268B.11 SELF-EMPLOYED AND INDEPENDENT CONTRACTOR ELECTION
2.25OF COVERAGE.
2.26    Subdivision 1. Individual election of coverage. (a) A self-employed individual or,
2.27independent contractor, or an individual employed by a small employer that has not made
2.28an election of coverage under subdivision 1a, may file with the commissioner by electronic
2.29transmission in a format prescribed by the commissioner an application to be entitled to
2.30benefits under this chapter for a period not less than 104 consecutive calendar weeks. Upon
2.31the approval of the commissioner, sent by United States mail or electronic transmission,
2.32the individual is entitled to benefits under this chapter beginning the calendar quarter after
3.1the date of approval or beginning in a later calendar quarter if requested by the self-employed
3.2individual or independent contractor. The individual ceases to be entitled to benefits as of
3.3the first day of January of any calendar year only if, at least 30 calendar days before the
3.4first day of January, the individual has filed with the commissioner by electronic transmission
3.5in a format prescribed by the commissioner a notice to that effect.
3.6(b) The commissioner may terminate any application approved under this section with
3.730 calendar days' notice sent by United States mail or electronic transmission if the
3.8self-employed individual is delinquent on any premiums due under this chapter. If an
3.9approved application is terminated in this manner during the first 104 consecutive calendar
3.10weeks of election, the self-employed individual remains obligated to pay the premium under
3.11subdivision 3 for the remainder of that 104-week period.
3.12    Subd. 1a. Small employer election of coverage. (a) A small employer having fewer
3.13than 20 individuals in covered employment may elect to provide paid family and medical
3.14leave coverage under this chapter to their employees by filing a notice to that effect with
3.15the commissioner in a format prescribed by the commissioner. Upon receipt of the notice
3.16by the commissioner, an individual employed by such a small employer is entitled to apply
3.17for benefits beginning the calendar quarter after the date of receipt or beginning in a later
3.18calendar quarter if requested by the small employer.
3.19(b) Election of coverage under this subdivision is voluntary and at the sole discretion of
3.20a small employer. A small employer may end its election of coverage at any time by
3.21providing 30 days' written notice to the commissioner in a format prescribed by the
3.22commissioner.
3.23(c) A small employer who elects to provide coverage under this subdivision, and the
3.24individuals employed by that small employer, are subject to the provisions of this chapter,
3.25including annual payment of premiums as provided in section 268B.14, subdivision 6, unless
3.26otherwise provided.
3.27    Subd. 2. Application. A self-employed individual who applies for coverage under this
3.28section must provide the commissioner with (1) the amount of the individual's net earnings
3.29from self-employment, if any, from the most recent taxable year and all tax documents
3.30necessary to prove the accuracy of the amounts reported, and (2) any other documentation
3.31the commissioner requires. A self-employed individual who is covered under this chapter
3.32must annually provide the commissioner with the amount of the individual's net earnings
3.33from self-employment within 30 days of filing a federal income tax return.
4.1    Subd. 3. Premium. A self-employed (a) An individual who elects to receive coverage
4.2under this chapter must annually pay a premium as provided in section 268B.14, subdivision
4.36, clause (1), times the lesser of:
4.4(1) the individual's self-employment premium base or taxable wages; or
4.5(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability
4.6Insurance tax.
4.7(b) An individual whose small employer has not elected to provide coverage under
4.8subdivision 1a, and who individually elects to receive coverage under subdivision 1, shall
4.9remit their premium payment under paragraph (a) through a payroll deduction. The small
4.10employer of such an individual shall remit the employee's premium payments to the
4.11department in the manner directed by the commissioner.
4.12    Subd. 4. Benefits. Notwithstanding anything to the contrary, a self-employed an
4.13individual who has applied to and been approved for coverage by the commissioner under
4.14this section is entitled to benefits on the same basis as an employee under this chapter,
4.15except that a self-employed individual's weekly benefit amount under section 268B.04,
4.16subdivision 1, must be calculated as a percentage of the self-employed individual's
4.17self-employment premium base, rather than wages."
4.18Renumber the sections in sequence and correct the internal references
4.19Amend the title accordingly