| | Sec. 5. 10 MRSA §1495-C, sub-§1, ¶B, as enacted by PL 1997, c. 495, §1, | is amended to read: |
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| 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. |
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| | Sec. 6. 10 MRSA §§1495-D to 1495-I are enacted to read: |
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| §1495-D.__Licensing; proof of insurance and bonding; fees |
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| | 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. |
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| | 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: |
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| B.__Employee dishonesty bond; |
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| C.__Third-party fidelity coverage; or |
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| D.__Liability insurance, including crime coverage. |
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| | 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. |
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| | 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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