Sec. 1. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 2003, c. 414, Pt. B, §38 and affected by c. 614, §9, is further amended by amending subparagraph (34) to read:

(34) Services performed in the delivery or distribution of periodicals to the ultimate consumer by an individual who is compensated by receiving or retaining a commission or profit on the sale of the periodical; when:

(a)__Substantially all of the remuneration for the performance of the services is directly related to sales or other output, including the performance of services, rather than to the number of hours worked; and

(b)__The services performed by the individual are performed pursuant to a written contract between that individual and the person for whom services are performed and that contract provides that the person will not be treated as an employee with respect to such services for state unemployment compensation tax purposes;

SUMMARY

This bill amends the exemption from the definition of "employment" as it relates to delivery and distribution of periodicals. Currently, only those delivery or distribution workers who deliver directly to consumers fall within the exemption. This bill expands the exemption to include workers that deliver bundles of periodicals to businesses and the like, thereby making state law consistent with federal law governing social security and unemployment taxes.