An Act To Improve Standards for Public Assistance to Employers in the State
Maine Legislature, Session 121, LD 0561
Committee: Labor
Sponsors: HUTTON, EDMONDS, HATCH, JACKSON, JENNINGS, PATRICK, PINEAU, SMITH, STANLEY
Amends: 5 MRSA §13070-J

Legislative Document 
No. 561 
H.P.424 
House of Representatives, February 6, 2003 
An Act To Improve Standards for Public Assistance to Employers in 
the State 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative HUTTON of Bowdoinham. 
Cosponsored by Senator EDMONDS of Cumberland and 
7r/~ 
/J7. 7J711£~ 
Mll..LICENT M. MacFARLAND 
Clerk 
Representatives: HATCH of Skowhegan, JACKSON of Fort Kent, JENNINGS of Leeds, 
PATRICK of Rumford, PINEAU of Jay, SMITH of Van Buren, Senator: STANLEY of 
Penobscot. 
Printed on re<.')'cled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §13070-J, sub-§§2-A and 2-B are enacted to read: 
2-A. 
Wage 
and benefit standards. 
Each recipient of 
an 
economic 
development 
incentive 
described 
in 
subsection 
1, 
paragraph D must 
comply with the following wage 
and benefit 
standards. 
An 
A. 
For 
an 
economic 
development 
incentive 
described 
in 
subsection 1, paragraph D, 
subparagraph (1), 
(3), 
(5) or 
(6), the recipient must: 
(1) 
Certify upon application for or upon renewal of 
benefits under the economic development incentive that 
every employee of the recipient receives a living wage 
and 
that 
the 
recipient is 
in 
compliance 
with all 
federal, state and local laws. 
For purposes of this 
subsection, "living wage" means a wage, calculated on a 
calendar-year basis, that is greater than the average 
annual per capita income in the labor market area in 
which the employee of the job is employed; 
( 2) 
Pay 
a 
living 
wage 
to 
every 
employee 
of 
the 
recipient. 
This 
paragraph 
does 
not 
apply if the 
economic development incentive received is pursuant to 
Title 
36, 
chapter 
and 
the 
recipient 
does 
not 
qualify for more 
than $10,000 
in 
a 
year 
from that 
economic development incentive; 
(3) 
Demonstrate that every employee of a recipient of 
an 
economic 
development 
incentive is 
covered 
by 
a 
retirement program subject to the Employee Retirement 
Income Security Act of 1974, 
United States Code, 
Sections 
1001 
to 
1461, 
as 
amended; 
receives 
group 
health insurance of which the recipient of the economlC 
development 
incentive 
pays 
at 
least 
50% 
of 
the 
premiums; and receives a living wage; and 
(4) 
Comply with all federal, state and local laws. 
B. 
For 
an 
economic 
development 
incentive 
described 
in 
subsection 1, paragraph D, subparagraph (2), (4) or (7), the 
recipient must provide the same wages and benefits to all 
employees that the recipient provides to qualified employees. 
agency 
administering 
an 
economic 
development 
incentive 
described 
~n 
subsection 
1, 
paragraph 
D 
may 
adopt 
routine 
technical 
rules 
pursuant 
to 
chapter 
375, 
subchapter 
2-A 
to 
Page l-LR1652(1) 
implement the provisions of this subsection. 
Such an agency 
shall 
suspend or 
terminate benefits 
of 
a 
recipient if that 
recipient fails to file a certificate as required by paragraph A 
or if the agency determines that the certificate is false or 
inaccurate. 
A recipient who violates the living wage standard 
shall reimburse the State for any benefits received during the 
period of noncompliance. 
A recipient who willfully violates a 
provision of this subsection shall reimburse the State for any 
benefits 
received 
during 
the 
benefit 
period 
in 
which 
the 
violation occurred plus a penalty equal to the amount of any 
benefits received during that benefit period in addition to any 
other penalty required by law. 
2-B. 
Relocation to another municipality. 
An employer that 
relocates 
from 
one 
municipality 
in 
the 
State 
to 
another 
municipality in the State within 100 miles does not qualify for 
an economic development incentive under subsection L 
paragraph 
Dr 
subparagraph (3) absent a clear and convincing showing that 
the relocation involves a significant expansion that could not 
have been made in the former municipality. 
SUMMARY 
This bill expands 
wage 
and benefit 
economic 
development 
incentive 
programs 
programs and employees. 
standards 
to 
cover 
in several 
additional