An Act To Conform Maine Employment Security Law with the Federal SUTA Dumping Prevention Act of 2004
Maine Legislature, Session 122, LD 0995
Committee Amendment CA_A_S97 (Senate)

COMMITTEE AMENDMENT "A to S.P. 335, L.D. 995, Bill, "An 
Act To Conform Maine Employment Security Law with the Federal 
SUTA Dumping Prevention Act of 2004" 
Amend the bill in section 1 in subsection 5-A by striking 
out all of paragraph A (page 1, lines 9 to 17 in L.D.) 
and 
inserting in its place the following: 
'A. 
If: 
(1) 
An employer transfers its trade or business, or a 
portion of iU trade or busineu, to another employer 
and, 
at 
the 
time 
of 
the 
transfer, 
there 
is 
substantially common ownership, management or control 
of the 2 employers, then the unemployment exper ience 
attributable to the transferred trade or business is 
transferred to the employer to whom the business is 
transferred. 
The 
rates 
of 
both 
employers 
must 
be 
recalculated and made effective immediately upon the 
date of the transfer of the trade or business. 
The 
transfer of some or all of an employer I s workforce to 
another employer 
shall be considered 
a 
transfer of 
trade or business when, as the result of such transfer, 
the transferring employer no longer performs trade or 
business with respect to the transferred workforce, and 
such trade or business is performed by the employer to 
whom the workforce is transferred; and 
Page l-LR0336(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A- to S.P. 335, L.D. 995 
(2) 
Following 
a 
transfer 
of 
experience 
under 
subparagraph (1), the commissioner determines that the 
purpose of the transfer or trade or business was to 
obtain a reduced liability for contributions, then the 
experience rating accounts of the employers involved 
must be combined into a single account and a single 
rate assigned to such account.' 
SUMMARY 
This amendment incorporates language that was inadvertently 
omitted from the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/13/05 :;t;pae. 
LD995 
LR 0336(02) 
An Act To Conform Maine Employment Security Law with the Federal SUTA Dumping Prevention 
Act of 2004 
Fiscal Note for Bill as Amended by Committee Amendment A 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - Federal Expenditures Fund 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class D crime 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This legislation, if approved, will allow Maine's Employment Security Law to remain in conformity with section 303 of 
the Social Security Act. Being out of conformity with this Act would jeopardize the State's employment security 
administrative grants. The Bureau of Unemployment Compensation received $13,700,000 in administrative grants in 
2004-2005. Other employment security programs within the Department of Labor, including the Bureau of Employment 
Services and the Division of Labor Market Information Services could also lose administrative funding. 
LR0336(2) - Fiscal Note - Page 1 of 1