| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 39-A MRSA §102, sub-§11, ¶B-1, as enacted by PL 1999, c. 364, | §2, is amended to read: |
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| 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: |
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| (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: |
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| (a) Performs all of the wood harvesting alone; |
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| (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; |
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| (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 |
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| (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; |
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| (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 |
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| (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. |
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| 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 |
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