LD 2390
pg. 2
Page 1 of 3 An Act to Target Public Assistance to Responsible Employers Page 3 of 3
Download Bill Text
LR 3849
Item 1

 
E.__Refrain from hiring professional strikebreakers or
permanent replacements in the event of a labor dispute.

 
3.__Application of First Amendment doctrines to employers.__
For the purpose of this article, subsidized employers are deemed
state actors and the First Amendment of the United States
Constitution applies.

 
4.__Certification.__By January 15th of each year, the
commissioner shall certify those subsidized employers that are in
compliance with the conditions set forth in subsection 2 at all
of their facilities located in the State.

 
5.__Report.__By January 30th of each year, the Department of
Labor shall publish a report listing all subsidized employers
indicating whether each has been certified and stating the
reasons why any subsidized employer has been denied
certification.

 
The report is a public document, available upon request, and
copies must be provided to the Governor; the Legislature; the
Department of Economic and Community Development; the Department
of Administrative and Financial Services, Bureau of Revenue
Services; the Department of Labor; the Economic Development
Incentive Commission; and each municipality in which a subsidized
employer is located.

 
6.__Restrictions on public assistance payments.__Only an
employer certified under subsection 4 may receive public
assistance payments.

 
7.__Time limits.__An employer that fails to satisfy any one of
the conditions set forth in subsection 2 is not eligible to
receive public assistance payments for a period of 5 years or
until full restitution has been made to an aggrieved employee.

 
8.__Appeals.__An employer may appeal any decision made under
subsection 4 or 7 as prescribed by chapter 375.

 
9.__Intervention.__A citizen has the right to intervene in an
appeal under subsection 8.

 
10.__Economic development goal.__This article sets a goal to
ensure that taxpayer investments in economic development are
carefully targeted to:

 
A.__Promote the long-term health, safety and welfare of the
State's citizens;

 
B.__Preserve and strengthen the economic well-being and
social fabric of the State's communities; and


Page 1 of 3 Top of Page Page 3 of 3