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PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 431
H.P. 24 - L.D. 49

An Act to Exempt Contract Dance Instructors and National Service Volunteers from the Unemployment Tax

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, Maine communities presently benefit from the community service performed by state citizens participating in national service programs funded by the federal agency known as the Corporation for National Service; and

     Whereas, national service participants in AmeriCorps*USA, AmeriCorps*VISTA, Learn and Service America Students and Senior Corps not only help communities carry out projects that would remain undone were it not for the assistance of national service but also engage local citizens as volunteers to build the communities' capacity to sustain the service project; and

     Whereas, some national service programs require a time commitment that precludes employment and, therefore, make it possible for citizens of all socioeconomic backgrounds to serve their communities by providing a modest living allowance; and

     Whereas, national service participants in AmeriCorps*USA and AmeriCorps*VISTA become eligible for educational awards held in trust under the system established by the federal National and Community Service Trust Act of 1993; and

     Whereas, the federal laws and regulations pertaining to national service programs clearly state that national service participants are not employees, are not serving for the purpose of gaining employment skills and may not displace workers and that national service participants are not eligible to collect unemployment benefits from the federal system under a determination by the United States Department of Labor; and

     Whereas, under the standards of Maine law, the stipend and educational award have been determined to be compensation; and

     Whereas, this discrepancy creates a fiscal impact for the State which not only benefits from the service activities of these volunteers but also administers national service programs; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 26 MRSA �1043, sub-�11, �F, as corrected by RR 1995, c. 2, �62, is amended by amending subparagraphs (38) and (39) to read:

     Sec. 2. 26 MRSA �1043, sub-�11, �F, as corrected by RR 1995, c. 2, �62, is amended by adding 2 new subparagraphs to read:

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective June 10, 1997.

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