An Act To Require a State Agency To Reference the Livable Wage . in Information Published by That Agency
Maine Legislature, Session 124, LD 1312
Committee: State and Local Government
Sponsors: STUCKEY, BRANNIGAN, ADAMS, BERRY, BRYANT, MAZUREK, PETERSON
Amends: 5 MRSA §58

FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 1312 
H.P.915 
House of Representatives, March 31,2009 
An Act To Require a State Agency To Reference the Livable Wage 
. in Information Published by That Agency 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed . 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
. '7Y/~ /h·mac~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BERRY of Bowdoinham, BRYANT of Windham, 
MAZUREK of Rockland, PETERSON of Rumford. 
Printed (111 n:cych:tI pnpt:r 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adj oumment unless enacted as emergencies; and 
Whereas, the income eligibility criteria for most human services benefits· and 
···ser'Vices designed~o assist people in the efforts to move out of poverty are-tied to the-
federal poverty level; and 
Whereas, the current federal poverty measurement was created in the 1960s and has 
not been modified, except for adjustments for inflation,to reflect the massive economic, 
social and demographic shifts over the past 40 years; and 
Whereas, the cost of food, which is the basis of the federal poverty level formllla, 
has decreased from 1/3 to 1/8 of household spending, according to the United States 
Department of Labor, Bureau of Labor Statistics, and the federal poverty level calculation 
does not account for housing, child care, health care, transportation and variances in the 
cost of living across the nation; and 
Whereas, the federal poverty level no longer represents a useful standard for 
describing or defining the need.s of poor families; and 
Whereas, with the current condition of the state arid national economy, enrollment 
in human services safety net programs has significantly increased, which demands an 
accurate measurement of poverty to accurately identify and adequately serve state 
residents in need; and 
Whereas, thy Department of Labor has developed a state-:,specific measurement of 
poverty, the livable wage scale,which reflects a basic needs budget for the State that is. 
current with the State's cost ofliving and economic environment; 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 &s 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 5 MRSA §58 is enacted to read: 
§58. Including livable wage scale in agency-published information 
1. Definitions. As used in this section, "agency" means a state department, agency, 
office, board, commission or quasi-independent agency, board, co111I11.lssion, authority or 
institution. 
2. Agencies directed to reference Department of Labor livable wage scale in 
.published infonriation. An agency that publishes information that refers to the federal 
poverty level must also refer in that publication to the Department of Labor livable wage 
scale, as reported by the Department of Labor in the most recent annual report required 
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pursuant to Title 26, section 1405. 
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Sec. 2. The Maine Council on Poverty and Economic Security directed to 
conduct assessment. 
The Maine Council on Poverty and Economic Security, as 
established in the Maine Revised Statutes, Title 5, sectiori12004-I, subsection 6-H, shall, 
within existing budgeted resources, assess alternative measurements to the federal 
poverty level that maybe used to define· poverty in this State. In conducting this 
assessment, the council shall: 
1. Examine alternative poverty measurements to the federal poverty level, including 
the Department of Labor's livable wage scale, the National Academy of Sciences 
measurement, the measurement developed by New York City and other relevant 
measurements; 
·2. Assess the relevance of existing poverty measurements to the econo!11ic and 
demographic composition of the population of this State and the efficacy of using one or 
more of the measurements or developing a separate state-specific measurement to 
identify individuals and families living in poverty; and 
.. Analyze the feasibility of state and local agencies using an alternative 
measurement to the federal poverty level to develop poverty threshold eligibility criteria 
or identify poor individuals and families in need of services. 
The council shall include its findings and recommendations from its assessment in its 
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annual report to the Governor and the Legislature by February 15, 2010, pursuant to Title 
5, section 13171, subsection 6. A copy of that report must be sent to each member of the 
Joint Standing Committee on Labor. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMA~Y 
This emergency bill directs any state agency that publishes information that refers to 
the federal poverty level to also refer to the Department of Labor livable wage scale in 
that publication. The bill also directs the Maine Council on Poverty and Economic 
Security to assess alternative measurements to the federal poverty level and to make 
reco:mn1endations for a state-specific poverty measurement to the Governor and the 
Legislature in its annual report by February 15, 2010.