H.P. 268 - L.D. 332
Resolve, to Establish the Commission to Study the Unemployment Compensation System
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the nature of the labor force and economy has changed dramatically since the State's unemployment compensation system was established; and
Whereas, the Joint Standing Committee on Labor has been presented this session with substantial evidence that the unemployment compensation program is not meeting the changing needs of the labor force and the business community; and
Whereas, the Legislature has passed legislation in each of the last 2 legislative sessions creating short-term solutions to the problem of the solvency of the Unemployment Compensation Fund; and
Whereas, the solvency of the fund is a continuing issue that requires a long-term solution that would create more certainty for both employees and employers; and
Whereas, these issues are sufficiently urgent that they must be addressed during the next legislative session; and
Whereas, if the study commission to be established by this resolve were to begin its work 90 days after adjournment, it would not have enough time to study the issues and develop legislation to be considered during the next legislative session; 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
Sec. 1. Commission established. Resolved: That the Commission to Study the Unemployment Compensation System, referred to in this resolve as the "commission," is established; and be it further
Sec. 2. Membership. Resolved: That the commission consists of 11 members as follows:
1. The 5 current members of the State Advisory Council as established by the Maine Revised Statutes, Title 5, section 12004-I, subsection 53;
2. Four members of the Legislature, including 2 Senators appointed by the President of the Senate, and 2 Representatives appointed by the Speaker of the House of Representatives;
3. The Commissioner of Labor or the commissioner's designee; and
4. One member representing women's issues appointed by the Governor; and be it further
Sec. 3. Appointments. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council upon making their appointments. When the appointment of all members is complete, the Chair of the Legislative Council shall call and convene the first meeting of the commission. The commission shall select a chair from among its legislative members; and be it further
Sec. 4. Staff assistance. Resolved: That the commission may request staffing and clerical assistance from the Legislative Council; and be it further
Sec. 5. Duties. Resolved: That the commission shall study the unemployment compensation program to assess whether it is meeting the changing needs of the labor force and the business community. The commission shall examine the seasonality exclusion, disqualification of persons who lose work because of problems with child care or transportation, the timeliness of the extended benefit trigger, the adequacy of benefit duration in the dislocated worker benefit program, the solvency of the Unemployment Compensation Fund and the experience rating system, the disqualification of persons who seek part-time work, and minimum earnings thresholds; and be it further
Sec. 6. Reimbursement. Resolved: That the commission members who are Legislators are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses for each day's attendance at meetings of the commission, upon application to the Executive Director of the Legislative Council. The Executive Director of the Legislative Council shall administer the commission's budget; and be it further
Sec. 7. Meetings. Resolved: That the commission may meet up to 4 times; and be it further
Sec. 8. Report. Resolved: That the commission shall submit a report to the Joint Standing Committee on Labor by January 1, 1998 with specific recommendations including legislation if necessary; and be it further
Sec. 9. Legislation. Resolved: That the Joint Standing Committee on Labor may report out legislation that the committee determines is necessary to address issues that the commission is required to study pursuant to section 5 of this resolve; and be it further
Sec. 10. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.
1997-98
LEGISLATURE
Commission to Study the Unemployment Compensation System
Personal Services $880
All Other 1,300
__________
TOTAL $2,180
Provides funds for the per diem and expenses of legislative members and miscellaneous costs, including printing, of the Commission to Study the Unemployment Compensation System.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 12, 1997.
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