| | |
the obligations incurred by the bureau directly or by requesting | | the Treasurer of State to transfer the required amount from the | | Special Administrative Expense Fund to the Employment Security | | Administration Fund or the Maine Wage Assurance Fund. The | | Treasurer of State shall upon receipt of a written request of the | | commissioner make any such transfer. The commissioner shall give | | notice to the commission prior to any expenditures from this fund. | | The commissioner shall order the transfer of the funds or the | | payment of any such obligation and the funds must be paid by the | | Treasurer of State on requisitions drawn by the commissioner | | directing the State Controller to issue the State Controller's | | warrant for them. The warrant must be drawn by the State | | Controller based upon bills of particulars and vouchers certified | | by an officer or employee designated by the commissioner. The | | money in this fund is specifically made available to replace, | | within a reasonable time, any money received by this State pursuant | | to section 302 of the Federal Social Security Act as amended that, | | because of any action or contingency, has been lost or has been | | expended for purposes other than, or in amounts in excess of, those | | necessary for the proper administration of the Employment Security | | Law. The money in this fund must be continuously available to the | | commissioner for expenditure in accordance with this section and | | may not lapse at any time or be transferred to any other fund | | except as provided. Any money in the Special Administrative | | Expense Fund may be used to make refunds of interest, penalties or | | fines erroneously collected and deposited in the Special | | Administrative Expense Fund. On June 30th of each year all money | | in excess of $100,000 in this fund must be transferred to the | | Unemployment Compensation Fund. |
|
| | | Sec. 2. 26 MRSA §2061, as enacted by PL 1999, c. 506, §1 and | | affected by §3, is amended to read: |
|
| | | The Peer Support Program for Displaced Workers is created | | within the department to provide advocacy and information for | workers displaced by significant layoffs. The program may | initiate one or more projects to assist employees as provided in | this chapter and as resources permit. | | authorized to use any available resources or to apply for federal | grants to implement this chapter. Any funds appropriated by the | Legislature for a pilot program or this program may not lapse but | must be carried forward. | | reasonable efforts to seek, in a timely manner, any federal | | grants that may be available to support the purposes of this | | chapter.__If federal funds are not available, or are insufficient | | to provide the services required by section 2062, the department | | shall use funds from the following sources in the following order | | of priority to provide these services: |
|
| | | 1.__Unobligated funds.__Any unobligated funds available from | | grants received from the United States Department of Labor | | National Reserve Account or any other similar federal source; |
|
| | | 2.__Unexpended general funds.__Any unexpended general funds | | carried forward from a prior fiscal year that are not already | | obligated in the current fiscal year; |
|
| | | 3.__Funds allocated.__Funds allocated to the State by the | | Federal Government under the Workforce Investment Act, United | | States Code, Title 29, Chapter 30; |
|
| | | 4.__Funds deposited.__Funds deposited in the Special | | Administrative Expense Fund established pursuant to section 1164; | | and |
|
| | | 5.__Funds available.__Any other funds available to the | | department that may be used for this purpose. |
|
| | | Any funds appropriated by the Legislature for a pilot program | | or this program may not lapse but must be carried forward. |
|
| | | Sec. 3. 26 MRSA §2062, as enacted by PL 1999, c. 506, §1 and | | affected by §3, is amended to read: |
|
| | | §2062. Peer Support Projects |
|
| | | 1. Initiation of project. When 100 | | single employer are laid off, or notice is given by an employer | | of that employer's intent to lay off 50 or more employees within | | the next 6-month period, the department shall initiate a peer | support project to assist the affected employees. The department | may initiate a project when 50 or more employees are laid off if | the bureau determines that a peer support project is warranted, | after considering the particular needs of the affected workforce | and the affected communities. |
|
| | | 2. Employment and role of peer support workers. For each | | project, the department shall employ one or more peer support | | workers who must be displaced nonmanagerial employees from the | affected workforce. The department shall attemptto | | hire one peer support worker for each 50 affected employees and | to hire | | involving more than a total of 100 affected workers. A peer | | support worker shall serve as a worker advocate and an | | information source connecting the affected workers and the | | State's workforce development programs. The peer support worker | | shall use the resources of local employment assistance programs | | as well as state programs. The department shall collaborate with |
|
| | | employee representatives in hiring and overseeing peer support | | workers. The department shall ensure that peer support workers | | have an opportunity to receive training and to work as a team | | even if they are geographically dispersed. |
|
| | | 3. Duration of project. The department shall determine the | duration of each project, taking into consideration | | determining the duration of each project site, the department | | shall consider the size, scope and nature of the layoff, | | including the average age and educational level of the laid-off | | work force, the unemployment rate in the affected community, the | | degree of training necessary to replace the employees' prior | | wages and benefits, whether the laid-off workers are eligible for | | assistance under the United States Trade Act of 1974, as amended, | | and the period of time over which the layoffs occur. |
|
| | | Emergency clause. In view of the emergency cited in the preamble, | | this Act takes effect when approved. |
|
| | | The bill continues the Peer Support Program for Displaced | | Workers established in the First Regular Session of 119th | | Legislature by Public Law 1999, chapter 506. The bill does the | | following: |
|
| | | 1. Requires the Department of Labor to make all reasonable | | efforts to seek, in a timely manner, any federal grants that may | | be available to support the program; |
|
| | | 2. If federal funds are not available or are insufficient to | | provide the required services, the Department of Labor shall use | | certain prescribed funds in a prescribed order of priority to | | provide the required services to support the program; |
|
| | | 3. Requires that a peer support project be initiated when 50 | | or more employees of a single employer are laid off or notice is | | given by an employer of that employer's intent to lay off 50 or | | more employees within the next 6-month period; |
|
| | | 4. Requires the Department of Labor to hire one peer support | | worker for each 50 affected employees and at least 2 peer support | | workers for each project involving more than a total of 100 | | affected workers; and |
|
| | | 5. Requires the Department of Labor to consider the size, | | scope and nature of the layoff, including the average age and | | educational level of the laid-off work force, the unemployment | | rate in the affected community, the degree of training necessary |
|
| | | to replace the employees' prior wages and benefits, whether the | | laid-off workers are eligible for assistance under the United | | States Trade Act of 1974, as amended, and the period of time over | | which the layoffs occur. |
|
| | | The bill also allows funds of the Special Administrative | | Expense Fund to be used to support the activities of the Peer | | Support Program for Displaced Workers. |
|
|
