An Act To Restore the Integrity of 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 integrity of the unemployment compensation system has been grievously eroded by the recent enactment of Public Law 2017, chapter 453; and
Whereas, as a result of this recently enacted law, Maine businesses will be forced to pay oppressive, higher taxes in order to stabilize the State's account in the federal Unemployment Trust Fund; and
Whereas, immediate legislative action is necessary to eliminate the negative consequences of Public Law 2017, chapter 453; 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,
Sec. 1. 26 MRSA §1192, sub-§3, as amended by PL 2017, c. 453, §1, is further amended to read:
(1) The individual worked less than full time for a majority of the weeks during that individual's base period and the individual is able and available for and actively seeking part-time work for at least the number of hours in a week comparable to those customarily worked in part-time employment during that individual's base period; or
(2) The individual worked full time for a majority of the weeks during that individual's base period, but is able and available for and actively seeking only part-time work because of the illness or disability of an immediate family member or because of limitations necessary for the safety or protection of the individual or individual's immediate family member.
Sec. 2. 26 MRSA §1192, sub-§12, as amended by PL 2017, c. 453, §2, is further amended to read:
Sec. 3. 26 MRSA §1192, sub-§13, as amended by PL 2017, c. 453, §3, is further amended to read:
Sec. 4. 26 MRSA §1192, sub-§14, as enacted by PL 2017, c. 453, §4, is repealed.
Sec. 5. 26 MRSA §1192, last ¶, as amended by PL 2017, c. 453, §5, is further amended to read:
For purposes of subsections 2, 3, 12 and 13, "good cause" means the unemployed individual is ill; the presence of the unemployed individual is required due to an illness of the unemployed individual's spouse, children, parents, stepparents, brothers or sisters, or relatives who have been acting in the capacity of a parent of either the unemployed individual or the unemployed individual's spouse; the unemployed individual is in attendance at the funeral of such a relative; the unemployed individual is observing a religious holiday as required by religious conviction; the unemployed individual is performing either a military or civil duty as required by law; or other cause of a necessitous and compelling nature, including child care emergencies and transportation emergencies. If an unemployed individual has completed reemployment services and eligibility assessment with the Department of Labor within the prior 5 years, that individual is considered to have good cause for not participating in reemployment services and eligibility assessment under subsections 12 and 13. "Good cause" does not include incarceration as a result of a conviction for a felony or misdemeanor.
Sec. 6. PL 2017, c. 453, §6 is repealed.
Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
LABOR, DEPARTMENT OF
Employment Security Services 0245
Initiative: Deallocates one-time funds for the cost of making computer programming updates to implement changes to the eligibility requirements for unemployment benefits.
| FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | ($71,200) |
 |
|
|
| FEDERAL EXPENDITURES FUND TOTAL | $0 | ($71,200) |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill reverses the changes to the eligibility requirements for unemployment benefits made by Public Law 2017, chapter 453, "An Act To Give Flexibility to Employees and Employers for Temporary Layoffs." It repeals a requirement that the Department of Labor examine the effect of Public Law 2017, chapter 453 on the State's account in the federal Unemployment Trust Fund and report to the joint standing committee of the Legislature having jurisdiction over labor matters. It also deallocates one-time funds that were allocated pursuant to Public Law 2017, chapter 453.