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Session Laws, 1996
Volume 794, Page 1711   View pdf image
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PARRIS N. GLENDENING, Governor                             Ch. 239

B. for not more than 13 weeks a year.

(b) An EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN
individual, including a migrant farm worker, is a covered employee if:

(1)     the individual receives compensation from a farmer for any service other
than office work, including:

(i) operating a machine connected with animal, crop, or soil
management;

(ii) constructing or repairing a fixture or machine; or

(iii) handling an animal or crop with or without a machine; and

(2)     the farmer has:

(i) at least 3 full-time employees; or

(ii) an annual payroll of at least $15,000 for full-time employees.

(C) AN INDIVIDUAL, OTHER THAN A MIGRANT FARM WORKER, WHO
RECEIVES COMPENSATION FROM A FARMER FOR A SERVICE IS NOT A COVERED
EMPLOYEE IF:

(1)     THE INDIVIDUAL CUSTOMARILY IS ENGAGED IN AN INDEPENDENT
BUSINESS OCCUPATION OF THE SAME NATURE AS THAT OF THE SERVICE
PERFORMED;

(2)     THE INDIVIDUAL IS FREE FROM CONTROL AND DIRECTION OVER
THE INDIVIDUAL'S PERFORMANCE OF THE SERVICE;

(3)     THE INDIVIDUAL PROVIDES THE INDIVIDUAL'S OWN EQUIPMENT,
MATERIALS, AND TOOLS; AND

(4)     THE FARMER IS NOT REQUIRED TO WITHHOLD SOCIAL SECURITY,
UNEMPLOYMENT, STATE, OR FEDERAL TAXES FROM THE COMPENSATION PAID TO
THE INDIVIDUAL.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1996.

Approved April 30, 1996.

CHAPTER 239                   

(House Bill 520)

AN ACT concerning

Insurance — Title Agents or Brokers Acting as Limited Liability Companies

FOR the purpose of authorizing procedures for a certificate of qualification to act as title

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Session Laws, 1996
Volume 794, Page 1711   View pdf image
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