Section 1, subdivision 1, contains definitions. The Commissioner of Labor and Industry is to administer the provisions of this section.

Subdivision 2 limits the application of this section to individuals performing public or private sector commercial or residential building construction or improvement services.

Subdivision 3 provides that, unless the individual complies with the requirements of subdivision 4 relating to achieving independent contractor status, the individual will be an employee of a person for whom the individual performs services in that person's trade, business, profession, or occupation.

Subdivision 4 provides that an individual is an independent contractor only if the individual possesses a current independent contractor exemption certificate issued under this section and the individual is performing services for a person under the certificate.

Subdivision 5 establishes an application process for obtaining an independent contractor exemption certificate. An individual seeking an exemption certificate must provide a sworn statement that the individual meets an extensive list of conditions relating to the conduct of the services. The conditions are taken from current workers' compensation and unemployment compensation law tests for being considered an independent contractor. The Commissioner has 30 days following receipt of a completed application to grant or deny an application.

Subdivision 6 provides that an individual is performing services for a person under an exemption certificate if the individual is performing services listed on the certificate and the individual is in compliance with the conditions that the individual has sworn to in the application for a certificate.

Subdivision 7 prohibits an individual from performing work as an independent contractor without having an exemption certificate. A person for whom an individual is performing services may not coerce the individual to adopt independent contractor status or knowingly misrepresent that the individual is an independent contractor.

Subdivision 8 grants the Commissioner of Labor and Industry an extensive array of powers to enforce this section.

Subdivision 9 regulates notice and service requirements.

Subdivision 10 regulates service by facsimile.

Subdivision 11 regulates the computation of time under this section.

Subdivision 12 authorizes the Commissioner to make rules to implement this section.

Subdivision 13 establishes a $150 original application fee and renewal fee. A certificate must be renewed every two years.

Subdivision 14 requires notice and cooperation between the Departments of Labor and Industry, Revenue, and Employment and Economic Development for the purpose of investigating tax returns of individuals who have not maintained the required conditions to possess an exemption certificate.

Subdivision 15 classifies various data collected under this section.

The section is effective June 1, 2008.

Section 2 repeals a current law regulating independent contractor status as of June 1, 2008.

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