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125th MAINE LEGISLATURE |
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LD 1600 |
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LR 2332(01) |
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An Act To Provide
That Persons Hiring Assistants To Provide Home Care for Relatives Are Not
Employers for Purposes of Unemployment Compensation Laws |
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Preliminary
Fiscal Impact Statement for Original Bill |
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Sponsor: Rep. Waterhouse of Bridgton |
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Committee: Labor, Commerce, Research and
Economic Development |
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Fiscal Note Required: Yes |
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Preliminary
Fiscal Impact Statement |
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Potential current biennium revenue decrease - Federal Funds |
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Fiscal Detail
and Notes |
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Because exempting
personal care services or health care services performed in the home for an
individual is not an allowable
exemption under the Federal Unemployment Tax Act (FUTA), this legislation may
have the following fiscal impact: |
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~ If the state exempts services only
performed in the private sector, the employer must pay the full FUTA tax
(currently 6.0% of the first $7,000 paid) on the exempted services without
the benefit of the offset credit (up to 5.4%). |
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~ If the individual hired to perform the
exempted services is laid-off, that individual would not be eligible for
unemployment benefits based on this employment. |
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~ If the person hired to perform the personal
care or health care services is secured through a nonprofit agency and that
agency is determined to be the employer and receives funding through a
governmental program, then the State may be ruled out of conformity with
FUTA. Being ruled out of conformity
could result in the loss of certification for tax credits for all employers
liable for the FUTA tax and the potential loss of administrative
funding. The loss of the FUTA tax
credits for all Maine employers is estimated at $206 million annually. The loss of administrative funding to the
Bureau of Unemployment Compensation is estimated to be approximately $16
million. Additional administrative
grant funding to the Bureau of Employment Services and the Center for
Workforce Research and Information could also be jeopardized. |
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