HP1200, LD 1677, item 1, An Act To Make Minor Technical Changes to the Laws Governing the Department of Labor

An Act To Make Minor Technical Changes to the Laws Governing the Department of Labor

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

Sec. 1. 5 MRSA §943, as amended by PL 2011, c. 655, Pt. D, §§5 and 6 and affected by §11 and amended by Pt. SS, §1, is further amended to read:

§ 943. Department of Labor

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Labor. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter:

B. Director, Bureau of Labor Standards;

C. Executive Director, Maine Labor Relations Board;

E. Director of Legislative Affairs;

F-1. Deputy Commissioner;

G-1. Beginning April 15, 1996, Executive Director, Bureau of Employment Services;

J. Executive Director , Office of Operations;

K. Director, Bureau of Rehabilitation Services;

L. Director, Bureau of Unemployment Compensation; and

M. Director , Public Information of Communications.

Sec. 2. 26 MRSA §61, sub-§2, as amended by PL 1999, c. 57, Pt. B, §5, is further amended to read:

2. Source of funds. The commissioner or the commissioner's designee shall annually assess a levy based on actual annual workers' compensation paid losses, excluding medical payments, paid in the most recent calendar year for which data is available by employers under former Title 39, the Workers' Compensation Act or Title 39-A, Part 1, the Maine Workers' Compensation Act of 1992. As soon as practicable after July 1st of each year, the commissioner or the commissioner's designee shall assess upon and collect from each insurance carrier licensed to do workers' compensation business in the State, and each group and individual self-insured employer authorized to make workers' compensation payments directly to their employees, a sum equal to that proportion of the current fiscal year's appropriation, exclusive of any federal funds, for the safety education and training program that the total workers' compensation benefits, exclusive of medical payments, paid by each licensed carrier or each group or individual self-insured employer, bear to the total of the benefits paid by all licensed carriers, and group and individual self-insured employers during the most recent calendar year for which data is available, except that the total amount levied annually may not exceed 1% of the total of the compensation benefits paid by all licensed carriers, and group and individual self-insured employers during the most recent calendar year for which data is available. A licensed carrier or group or individual self-insured must be assessed based on all benefits paid, exclusive of medical payments, during any year for which the carrier was licensed or the group or individual self-insured employer was authorized to make workers' compensation payments directly to their employers employees for any portion of the year.

Sec. 3. 26 MRSA §1083, sub-§2, as amended by PL 1977, c. 675, §13, is further amended to read:

2. Financing. All moneys funds received by this State under the said Act of Congress federal Wagner-Peyser Act, as amended, shall must be paid into the Employment Security Administration Fund, and said moneys are an employment services fund and the funds made available to the commissioner to be expended as provided by this section and by said that Act of Congress. For the purpose of establishing and maintaining free public employment offices, the commissioner is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of an unemployment compensation law or employment security law, with any political subdivision of this State or with any private, nonprofit organization, and as a part of any such agreement the commissioner may accept moneys funds, services or quarters as a contribution to the Employment Security Administration Fund an employment services fund.

Sec. 4. 26 MRSA §1401-A, sub-§2, as amended by PL 2007, c. 126, §1, is further amended to read:

2. Commissioner; entities incorporated. The department consists of a Commissioner of Labor, referred to in this chapter as the "commissioner," appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and to confirmation by the Legislature, to serve at the pleasure of the Governor, and the following entities as previously created or established are incorporated into the Department of Labor:

A. The Bureau of Unemployment Compensation;

B. Beginning April 15, 1996, the The Bureau of Employment Services;

C. The Bureau of Labor Standards;

D. The Bureau of Rehabilitation Services;

E. The Division of Administrative Hearings;

F. The Center for Workforce Research and Information; and

G. The Human Resource Development Council; and

H. The Private Industry Council staff.

I. The State Workforce Investment Board.

Sec. 5. 26 MRSA §1401-B, sub-§1, ¶B, as amended by PL 2011, c. 655, Pt. D, §10 and affected by §11 and amended by Pt. SS, §2, is repealed and the following enacted in its place:

B. The commissioner shall appoint to serve at the commissioner's pleasure:

(1) Deputy Commissioner;

(2) Director of Legislative Affairs;

(3) Director of Operations;

(4) Director of Communications;

(5) Director, Bureau of Labor Standards;

(6) Director, Bureau of Employment Services; and

(7) Director, Bureau of Rehabilitation Services.

Sec. 6. 26 MRSA §2006, sub-§5-B, as amended by PL 2011, c. 627, §3, is further amended to read:

5-B. Commission on Disability and Employment. In addition to its other duties, the board, through its Standing Committee on Employment of People with Disabilities Commission on Disability and Employment, a standing committee created pursuant to subsection 7, paragraph A, subparagraph (3) (2) and referred to in this subsection as "the standing committee," shall perform the duties of the former Governor's Committee on Employment of People with Disabilities.

A. The standing committee shall:

(1) Advise, consult and assist the executive and legislative branches of State Government on activities of State Government that affect the employment of disabled individuals. The standing committee is solely advisory in nature. The standing committee may advise regarding state and federal plans and proposed budgetary, legislative or policy actions affecting disabled individuals;

(2) Serve as an advocate on behalf of disabled citizens promoting and assisting activities designed to further equal opportunity for people with disabilities;

(3) Conduct educational programs considered necessary to promote public understanding of the employment-related needs and abilities of disabled citizens of this State;

(4) Provide information, training and technical assistance to promote greater employer acceptance of disabled workers;

(5) Advise and assist employers and other organizations interested in developing employment opportunities for disabled people; and

(6) Work with state and local government officials, organizations representing persons with disabilities and the business community to inform the public of the benefits of making facilities and services accessible to and usable by individuals with disabilities.

B. The standing committee shall administer in accordance with current fiscal and accounting regulations of the State, and in accordance with the philosophy, objectives and authority of this subsection, any funds appropriated for expenditure by the standing committee or any grants or gifts that may become available and are accepted and received by the standing committee.

C. The standing committee shall submit an annual report directly to the Governor and the Legislature not later than September 1st of each year concerning its work, recommendations and interest of the previous fiscal year and future plans. The standing committee shall make any interim reports it considers advisable.

D. The standing committee shall keep minutes of all meetings, including a list of people in attendance.

E. The standing committee may employ, subject to the Civil Service Law, the staff necessary to carry out its objectives. The standing committee may employ consultants and contract for projects it determines necessary. To the extent feasible and reasonable, the standing committee must be given the staff, facilities, equipment, supplies, information and other assistance required to carry out its activities.

F. The standing committee may make necessary rules, consistent with this subsection, for promoting its purposes.

G. The standing committee may receive and accept, from any source, allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this subsection, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from a private source, federal agency or governmental subdivision of the State or its agencies.

Sec. 7. 26 MRSA §2006, sub-§7, as amended by PL 2013, c. 424, Pt. A, §15, is repealed and the following enacted in its place:

7. Committee structure. The board has the following committee structure.

A. The board shall create 6 standing committees. The standing committees shall make recommendations to the full board. The 6 standing committees are as follows:

(1) Younger workers;

(2) Commission on Disability and Employment;

(3) Women's employment issues;

(4) Older workers;

(5) Veterans employment; and

(6) The Program Policy Committee. Organizations with representation on the Program Policy Committee may include, but are not limited to, organizations that conduct programs or activities as specified in Section 121(b) of the Workforce Investment Act.

B. The board may create committees in addition to those in paragraph A to address specific problems and issues. These committees shall make recommendations to the full board.

D. The standing committees under paragraph A may receive and accept, from any source, allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this section, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from a private source, federal agency or governmental subdivision of the State or its agencies.

summary

This bill makes minor technical corrections and clarifications to the statutes that govern the Department of Labor, including:

1. Correcting a reference to workers' compensation payments made to employees;

2. Updating the law to reflect the current disposition of federal funds received pursuant to the federal Wagner-Peyser Act;

3. Correcting references to entities within the department that were abolished or merged into another entity;

4. Correcting a conflict in the law created when 2 public laws amended the same section of law in different ways;

5. Renaming a standing committee of the State Workforce Investment Board the Commission on Disability and Employment;

6. Removing language specifying the appointment process and terms for members of the Program Policy Committee, a standing committee of the State Workforce Investment Board; and

7. Allowing all standing committees of the State Workforce Investment Board to receive funds and other things of value to allow the standing committees to carry out the purposes of the State Workforce Investment Board.

HP1200 LD 1677	Session - 126th Maine Legislature		LR 2675 Item 1
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