LD 1843
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LR 2668
Item 1

 
Sec. 5. 10 MRSA §1495-C, sub-§1, ¶B, as enacted by PL 1997, c. 495, §1,
is amended to read:

 
B. A payroll processor that conducts business in this State
and fails to register with obtain a license from the State
Tax Assessor administrator as required by section 1495-A
1495-D commits a civil violation for which a penalty of not
less than $500 $1,500 nor more than $2,500 $7,500 may be
adjudged.

 
Sec. 6. 10 MRSA §§1495-D to 1495-I are enacted to read:

 
§1495-D.__Licensing; proof of insurance and bonding; fees

 
1.__License required.__A person desiring to engage or continue
in business in this State as a payroll processor shall apply to
the administrator for a license under this chapter on or before
January 31st of each year. The application must be in a form
prescribed by the administrator. The administrator may refuse the
application if it contains erroneous or incomplete information. A
license may not be issued unless the administrator, upon
investigation, finds that the financial responsibility, character
and fitness of the applicant and, where applicable, its partners,
officers or directors, warrant belief that the business will be
operated honestly and fairly within the purposes of this chapter.

 
2.__Proof of fidelity insurance.__Each applicant shall provide
to the administrator proof of one of the following, at the
applicant's option, in an amount 2 times the highest weekly
payroll processed by the applicant in the preceding year or in
the amount of $5,000,000, whichever is less:

 
A.__Fidelity bond;

 
B.__Employee dishonesty bond;

 
C.__Third-party fidelity coverage; or

 
D.__Liability insurance, including crime coverage.

 
3.__Proof of surety bond.__Except as provided in section 1495-
E, subsection 4, an applicant under subsection 1 shall provide to
the administrator proof of the surety bond required pursuant to
section 1495-E.

 
4.__Fees.__The initial application and annual renewal
application must include a fee of $250 if the payroll processor
has fewer than 25 employers as payroll processing clients; $500
if the payroll processor has from 25 to 500 employers as payroll


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