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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 501
H.P. 880 - L.D. 1206

An Act To Encourage Responsible Employment Practices

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

     Sec. 1. 5 MRSA §1816-A, sub-§2, ¶I is enacted to read:

     Sec. 2. 5 MRSA §1825-B, sub-§11 is enacted to read:

     11. Rulemaking; unfair competition. State departments and agencies may not achieve cost savings due to cost differentials that derive from a bidder's failure to provide health and retirement benefits to its employees. The State Purchasing Agent shall adopt rules governing the purchase of services and the awarding of grants or contracts for personal services to establish a basis for bid price and cost comparison among businesses that provide health and retirement benefits to their employees and those that do not provide these benefits. The rules must include a methodology for calculating bid price and cost differentials for services provided by businesses and state employees due to the provision of health and retirement benefits for employees. The rules must adjust the bid prices to establish an equivalent basis for bid price and cost comparison among businesses when awarding contracts and between businesses and state employees when determining whether or not a contract is permitted under section 1816-A. These rules must apply to all state departments and agencies. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2-A.

     Sec. 3. Effective date. Section 1 of this Act takes effect on July 1, 2004.

Effective September 13, 2003, unless otherwise indicated.

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