1.1    .................... moves to amend H.F. No. 3296 as follows:
1.2Page 1, after line 6, insert:

1.3    "Section 1. Minnesota Statutes 2007 Supplement, section 268.035, subdivision 25b,
1.4is amended to read:
1.5    Subd. 25b. Trucking industry/independent contractors. In the trucking industry,
1.6an owner-operator of a vehicle that is licensed and registered as a truck, tractor, or
1.7truck-tractor by a governmental motor vehicle regulatory agency is an independent
1.8contractor, and is not considered an employee, while performing services in the operation
1.9of the truck only if each of the following factors is present:
1.10    (1) the individual owns the equipment or holds it under a bona fide lease arrangement;
1.11    (2) the individual is responsible for the maintenance of the equipment;
1.12    (3) the individual bears the principal burdens of the operating costs, including fuel,
1.13repairs, supplies, vehicle insurance, and personal expenses while on the road;
1.14    (4) the individual is responsible for supplying the necessary personal services
1.15to operate the equipment;
1.16    (5) the individual's compensation is based on factors related to the work performed,
1.17such as a percentage of any schedule of rates, and not on the basis of the hours or time
1.18expended; and
1.19    (6) the individual enters into a written contract that specifies the relationship to be
1.20that of an independent contractor and not that of an employee.
1.21    This subdivision does not apply to parcel delivery drivers who deliver shipments
1.22less than 250 pounds per parcel.
1.23EFFECTIVE DATE.This section is effective October 1, 2008."
1.24Page 1, delete section 2
1.25Renumber the sections in sequence and correct the internal references
1.26Amend the title accordingly