CHAPTER 293
H.P. 1209 - L.D. 1709
An Act Regarding Errors and Inconsistencies in the Maine Employment Security Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1043, sub-§9, ¶G, as amended by PL 1971, c. 538, §5, is further amended to read:
G. Any individual or employing unit which that acquired any part of the organization, trade or business or assets of another which part, and the acquired part, had it previously been treated as a separate unit, would have been an employer under paragraphs A, A-1 or, H or J;
Sec. 2. 26 MRSA §1043, sub-§11, ¶A-1, as amended by PL 1979, c. 541, Pt. A, §179, is further amended by amending sub-¶(3) to read:
(3) Notwithstanding paragraph F, except as herein provided, service performed in the employ of a religious, charitable, educational or other organization which that is excluded from the term employment as defined in the Federal Unemployment Tax Act solely by reason of section Section 3306 (c)(8) of that Act; and the organization had 4 or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time; and such services are not excluded under paragraph F, subparagraph (21), divisions (a) through (h) (i);
Sec. 3. 26 MRSA §1043, sub-§19, ¶B, as amended by PL 1985, c. 348, §2, is further amended by amending sub-¶(1-A) to read:
(1-A) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer or a 3rd party to, or on behalf of, an employee after the expiration of 6 calendar months following the last calendar month in which the employee worked for that employer;
Sec. 4. 26 MRSA §1051, sub-§5, as amended by PL 1983, c. 305, §1, is further amended to read:
5. Refusal to repay erroneous payments; waiver of repayment. If, after due notice, any person refuses to repay amounts erroneously paid to him that person as unemployment benefits, the amounts due from that person shall be are collectible in the manner provided in subsection 6 or in the discretion of the commission the amount erroneously paid to such person may be deducted from any future benefits payable to him that person under this chapter; provided that there shall be is no recovery of payments from any person who, in the judgment of at least 2 commission members, is without fault on his part and where, in the judgment of the commission, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. No recovery may be attempted until the determination of an erroneous payment is final as to law and fact and the individual has been notified of the opportunity for a waiver under this subsection.
Sec. 5. 26 MRSA §1194, sub-§12, as enacted by PL 1989, c. 691, is amended to read:
12. Collateral estoppel. Except for proceedings under this chapter, no finding of fact or conclusion of law contained in a decision of a deputy, an administrative hearing officer, the Unemployment Insurance Commission commission, the commissioner or a court, obtained under this chapter, has preclusive effect in any other action or proceeding.
This provision applies to decisions issued on or after the effective date of this subsection July 14, 1990.
Sec. 6. 26 MRSA §1221, sub-§10, ¶A, as amended by PL 1979, c. 651, §44, is further amended to read:
A. Any nonprofit organization which that becomes subject to this chapter after January 1, 1972 may elect to become liable for payments in lieu of contributions for a period of 2 calendar years beginning with the date on which such subjectivity begins by filing a written notice of its election with the bureau not later than 30 days immediately following the date of determination of its subjectivity. Any nonprofit organization or governmental entity subject to this chapter on and or after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one calendar year beginning with the date on which such subjectivity begins by filing a written notice of its election with the bureau not later than 30 days immediately following the date of determination of its subjectivity. Any nonprofit organization which or governmental entity that makes an election in accordance with this paragraph will continue to be liable for payments in lieu of contributions, until it files with the bureau a written notice terminating its election not later than 30 days prior to the beginning of the calendar year for which such termination shall is first be effective.
Sec. 7. 26 MRSA §1221, sub-§11, ¶E, as amended by PL 1975, c. 462, §5, is further amended to read:
E. Past-due payments of amounts in lieu of contributions shall be are subject to the same interest, penalties and collection provisions that, pursuant to section 1225, subsection subsections 3 and 4, sections 1229, 1230 and 1231 apply to past-due contributions.
Sec. 8. 26 MRSA §1221, sub-§11, ¶F, as amended by PL 1977, c. 694, §479, is further amended to read:
F. The commission commissioner shall promptly review and reconsider the amount due specified in the assessment and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be is conclusive on the employer or governmental entity unless the employer or governmental entity files an appeal in accordance with Title 5, section 11001 et seq chapter 375, subchapter VII.
Sec. 9. 26 MRSA §1251, sub-§3, ¶A, as amended by PL 1987, c. 131, is further amended to read:
A. Any hotel, motel, inn, variety store, trading post, sporting camp or other lodging facility, including camps operated for boys and girls, restaurants and other eating establishments, which customarily conducts its operations which that are primarily related to the production of its characteristic goods or services for a regularly recurring period or periods of less than 26 weeks in any one calendar year shall be is deemed seasonal.
Effective September 19, 1997, unless otherwise indicated.
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