An Act To Assist Maine Workers and Businesses in Succeeding in a Changing Economy (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1474
Committee: Labor
Sponsors: PINGREE, MITCHELL, BUTTERFIELD, CAIN, GILBERT, MARTIN, TUTTLE, BARTLETT, JACKSON
Amends: Title 19, Section 2291, 26 MRSA §1191, 26 MRSA §1196

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1474 
H.P.1025 
House of Representatives, May 5, 2009 
An Act To Assist Maine Workers and Businesses in Succeeding in a 
Changing Economy 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Speaker PINGREE of North Haven. 
Cosponsored by President MITCHELL of Kennebec and 
7J1dtwAd; frl.11l!!£;:f~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BUTTERFIELD of Bangor, CAIN of Orono, GILBERT of Jay, MARTIN of 
Eagle Lake, TUTTLE of Sanford, Senators: BARTLETT of Cumberland, JACKSON of 
Aroostook. 
Printed on recycled paper 
. Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRS A §1043, sub-§5, as corrected by RR 1991, c. 1, §35, is amended 
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5. Benefit year. "Benefit year" means the one-year period beginning with the date 
with respect to which an insured worker files a request for determination of his the 
worker's insured status, and thereafter the one-year period beginning with the date with 
respect to which he the worker next files such a request after the end of his the worker's 
last preceding benefit year. If an insured worker files a request for detennination of his 
the worker's insured status during a week in which one calendar quarter ends and another 
begins, the benefit year for applicable base period identity purposes shall be i§ deemed to 
begin on the first day of the new calendar quarter. 
B.· A dislocated worker, as defined in section 1196, subsection 1, enrolled in a 
training program approved under section 1192, subsection 6, 6-A er-6-B, 6-C, 6-D or 
6-E who has exhausted his the worker's benefit year within 30 months of his the 
worker's enrollment in the tra.ining program, shall be i§ entitled to the product ofhis 
the worker's most recent weeklv benefit amount multiplied by the number of weeks in 
which that person is in an appi wed training program, up to a maximum of 26 weeks, 
provided that no benefits may Je paid under this paragraph to any person: . 
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(1) Until the person has exhausted benefits for which that person is eligible 
under any unemployment insurance benefit program funded in whole or in part 
by the State Governrnent or Federal Governrnent; or 
(2) Who is eligible for or who has exhausted, after the effective date of this 
paragraph, trade adjustment allowances as provided by the United States Trade 
Act of 1974, Title II, Chapter 2, Public Law 93-617, United States Code, Title 19, 
Section 2291, et seq., and any amendments or additions thereto, or a similar 
successor provision of that Act, except that any individual who was eligible for 
and received less than 26 weeks of benefits under the United States Trade Act 
may receive benefits for the number of weeks by which their benefits under that 
Act are less than 26 weeksi-Bf.c 
(3) 
For a subsequent enrollment in any training program· after his initial 
enrollment, follovling the effestive date ,of this paragraph, and final tennination 
of a training program approved under !'lection 1192, !'llih!'lection 6. 6 A or 6 B. 
In the· case of a combined-wage claim pursuant to the arrangement approved by the 
secretary in accordance with section 1082, ·subsection 12, the benefit year shall be i§ that 
applicable under the unemployment compensation law of the paying state. 
Sec. 2. 26 MRSA §1191, sub-§4, as amended by PL 1987, c. 570, §2, is further 
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amended to read: 
4. Maximum amount of benefits. The maximum amount of benefits whish shall 
that may be paid to any eligible individual With respect to any benefit year, whether for 
total or partial unemployment, shall may not exceed the lesser of 26 times his the 
individual's weekly benefit amount or 33 1/3%, rounded to the nearest dollar, of his the 
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individual's total wages paid for insured work during 'his the individual's base period, plus 
the supplemental weekly benefit for dependents payable under subsection 6. 
A. 
If a dislocated worker, as defined in section 1196, subsection 1, who is in 
training approved under section 1192, subsection 6, 6-A eF-&-B, 6-C, 6-D or 6-E 
qualifies for additional benefits under section 1043, subsection 5, paragraph B,or 
exhausts his the worker's entitlement to benefits· available to him the worker under 
this subsection, the maximum amount under this subsection shall be is the product of 
his the worker's most recent weeldy benefit amount multiplied by the number of 
weeks in which he the worker thereafter attends an arproved training program. No 
increase may be made under this paragraph, with respect to any benefit period, 
greater man 26 times the individual's weekly benefit amount. ' 
(1) Benefits paid to an individual under this paragraph 5hall may not be charged 
against the experience rating record of any employer, .but 5hall must be charged 
to the General Fund. 
(2) No benefits may be paid under this paragraph to any person: 
(b) 
Until the person has exhausted benefits for which he the person is 
eligible under any unemployment insurance benefit program funded in whole 
or in part by the State Govennnent or Federal Government; or 
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(c) Who is eligible for or who has exhausted, after the effective date of this 
paragraph, trade adjustment allowances as provided by the United States' 
Trade Act of 1974, Title II, Chapter 2, Public Law 93-617, United States 
Code, Title 19, Section 2291, et seq., and any amendments or additions 
thereto, or a similar successor provision of that Act, . except that any 
individual who was eligible for and received· less than 26 weeks of benefits 
under the United States Trade Act may receive benefits for the number of 
weeks by which their benefits under that Act are less than 26 weekst-ef.:. 
Ed) 
For a subsequent enrollment in any training program after his initial 
enrollment, following the .effective date of this paragraph, and final 
tennination of a training program approved under section 1192, subsection 6, 
A or 6 B. 
Sec. 3. 26 MRS A §1192, sub-§6-D, as amended by PL 1995, c~ 665, PI. DD, § 1 
and affected by § 12, is further amended to read: 
6-D. Prohibition against disqualification of individuals in approved training. 
Notwithstanding any provisions of this chapter, the acceptance of training for 
opportunities available under section sections 2031 and 2033 is deemed to be acceptance 
of training with state approval under federal or state law relating to unemployment 
benefits. 
Sec. 4. 26 MRSA §1196, sub-§l; IijIA, as enacted by PL 1985, c. 591, §5, is 
amended to read: 
A. An individual who: 
(1) Has been terminated or laid off from employment as a result of a reduction of 
operations at the individual's place of employment or who has received a notice 
of termination or layoff from employment; 
(2) 
Is eligible for or has exhausted his entitlement to unemployment 
comoensation: and 
(3) Is unlikely to return to his previous industry or occupation: 
Sec. 5. 
Review; report. 
The Commissioner of Labor shall review the 
unemployment insurance program established under the Maine Revised Statutes, Title 26, 
chapter 13 to determine factors that contribute to the State's low recipiency rate relative to 
other states as determined by the United States Department of Labor, Office of 
Workforce Security, Division of Fiscal and Actuarial Services. For purposes of this 
section, "recipiency rate" means the number of insured unemployed persons in regular 
unemployment insurance programs as a percent of the total unemployed persons. The 
commissioner shall report findings, including any recommendations to improve the 
unemployment insurance recipiency rate, to the Joint Standing Committee on Labor by 
January 15, 2010. The Joint Standing Committee on Labor is authorized to introduce any 
legislation in response to this report to the Second Regular Session of the 124th 
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Legislature. 
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SUMMARY 
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This bill amends the definition of "dislocated worker" used to establish eligibility for 
extended unemployment benefits for workers in an approved training program. It extends 
coverage beyond those laid off as a result of a plant closing to those who have been 
terminated or laid off as a result of a reduction in operations at their place of employment. 
The bill removes the provision making individuals who previously completed an 
approved training program ineligible for the extended unemployment benefit program for 
dislocated w.orkers.· It also updates cross-refer~nces to approved training programs to 
reflect current additions to this list. Finally, it directs the Commissioner of Labor to 
examine the State's unemployment insurance program to determine why the State's 
percent of unemployed workers receiving unemployment benefits appears low relative to 
other states. 
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