(1) "Employment" does not include services performed for a private for profit person or entity by a land professional, if:
Substantially all remuneration paid in cash or otherwise for the performance of theservices is directly related to the completion by the land professional of the specific tasks contracted for rather than to the number of hours worked by the individual; and
The services performed by the land professional are performed under a contract between the land professional and the person or entity for whom the services are performed that provides that the land professional is to be treated as an independent contractor and not as an employee with respect to the services provided under the contract.
(2) For the purposes of this section, "land professional" means an individual who has been engaged primarily in:
Negotiating for the acquisition or divestiture of mineral rights;
Negotiating business agreements that provide for the exploration for or developmentof minerals;
Determining ownership of minerals through the research of public and private records; and
Reviewing the status of title, acting to cure title defects, and otherwise acting toreduce title risk associated with ownership of minerals, managing rights or obligations derived from ownership of interests in minerals, or unitizing or pooling of interest in minerals.
Source: L. 95: Entire section added, p. 177, § 1, effective April 7.