Sec. 1. 26 MRSA §1043, sub-§11, ¶F, as corrected by RR 2001, c. 1, §40, is amended by amending subparagraphs (43) and (44) to read:

(43) Services of an author in furnishing text or other material to a publisher who:

(a) Does not control the author's work except to propose topics or to edit material submitted;

(b) Does not restrict the author from publishing elsewhere;

(c) Furnishes neither a place of employment nor equipment for the author's use;

(d) Does not direct or control the time devoted to the work; and

(e) Pays only for material that is accepted for publication.

This exception does not apply if the employment is subject to federal unemployment tax; and

(44) Services provided by an owner-operator of a truck or truck tractor while leased to a motor carrier, as defined in 49 Code of Federal Regulations, 390.5 (2000), as long as that employment is not subject to federal unemployment tax.; and

Sec. 2. 26 MRSA §1043, sub-§11, ¶F, as corrected by RR 2001, c. 1, §40, is amended by enacting subparagraph (45) to read:

(45)__Services performed by an individual as a court reporter, stenographer or videographer that include recording or transcribing events such as hearings, depositions and court proceedings.

SUMMARY

This bill clarifies that court reporters, stenographers and videographers are independent contractors.