An Act To Provide Temporary Changes to the Extended Benefit Triggers in Accordance with the Federal Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010
Maine Legislature, Session 125, LD 0224
Committee: Labor, Commerce, Research and Economic Development
Sponsors: RECTOR, TUTTLE, JACKSON, PRESCOTT

Legislative Document 
No. 224 
S.P. 75 
In Senate, February 1, 2011 
An Act To Provide Temporary Changes to the Extended Benefit 
Triggers in Accordance with the Federal Tax Relief, Unemployment 
Insurance Reauthorization, and Job Creation Act of 2010 
(EMERGENCY) 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Cosponsored by Representative TUTTLE of Sanford and 
Senator: JACKSON of Aroostook, Representative: PRESCOTT of Topsham. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is a federal option that permits the State to use a temporary 3-year 
look-back period instead of the required 2-year look-back period so the State’s long-term 
unemployed workers can continue to receive extended benefits; and 
Whereas, effective December 17, 2010, the Tax Relief, Unemployment Insurance 
Reauthorization, and Job Creation Act of 2010, Public Law 111-312 made changes to the 
laws governing extended benefits in the unemployment compensation program, under 
which this option exists, such that in most cases 100% of the benefits paid out under this 
program would continue to be paid by the federal government for weeks of 
unemployment beginning after February 17, 2009 and before January 4, 2012 if the 
trigger thresholds continue to be met; and 
Whereas, it is likely that as many as 7,100 unemployed workers of the State would 
benefit from temporary changes to the triggers for extended benefits in the unemployment 
compensation program if adopted by the State; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  Insured unemployment rate trigger. In addition to the conditions 
provided in the Maine Revised Statutes, Title 26, section 1195, there is a state "on" 
indicator for a week in the period beginning December 19, 2010 and ending on or before 
December 31, 2011 or until the date established in federal law permitting a state "on" 
indicator, whichever is later, if the Commissioner of Labor determines, in accordance 
with the regulations of the United States Secretary of Labor, that for the period consisting 
of that week and the immediately preceding 12 weeks the rate of insured unemployment 
not seasonally adjusted equaled or exceeded 120% of the average of such rates for the 
corresponding 13-week period ending in each of the preceding 3 calendar years and 
equaled or exceeded 5%. 
There is a state "off" indicator for this State for a week if the Commissioner of Labor 
determines, in accordance with the regulations of the United States Secretary of Labor, 
that for the period consisting of that week and the immediately preceding 12 weeks the 
rate of insured unemployment not seasonally adjusted was less than 120% of the average 
of such rates for the corresponding 13-week period ending in each of the preceding 3 
calendar years or was less than 5%. 
Sec. 2.  Alternative trigger.  In addition to the conditions provided in the Maine 
Revised Statutes, Title 26, section 1195 and Public Law 2009, chapter 33, there is a state 
"on" indicator for a week in the period beginning December 19, 2010 and ending on or 
before December 31, 2011 or until the date established in federal law permitting this 
provision, whichever is later, if: 
1.  The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the period consisting of the most 
recent 3 months for which data for all states are published before the close of that week 
equals or exceeds 6.5%; and 
2.  The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the 3-month period referred to in 
subsection 1 equals or exceeds 110% of the average rate for any or all of the 
corresponding 3-month periods ending in the 3 preceding calendar years. 
There is a state "off" indicator for a week based on the rate of total unemployment 
only if the period consisting of the most recent 3 months for which data for all states are 
published before the close of such week does not result in a state "on" indicator. 
Sec. 3.  High unemployment period.  In addition to the conditions provided in 
the Maine Revised Statutes, Title 26, section 1195 and Public Law 2009, chapter 33, 
there is a state "on" indicator for a week in the period beginning December 19, 2010 and 
ending on or before December 31, 2011 or until the date established in federal law 
permitting this provision, whichever is later, if: 
1.  The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the period consisting of the most 
recent 3 months for which data for all states are published before the close of that week 
equals or exceeds 8%; and 
2.  The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the 3-month period referred to in 
subsection 1 equals or exceeds 110% of the average rate for any or all of the 
corresponding 3-month periods ending in the 3 preceding calendar years. 
There is a state "off" indicator for a week based on the rate of total unemployment 
only if the period consisting of the most recent 3 months for which data for all states are 
published before the close of such week does not result in a state "on" indicator. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
On December 17, 2010, the United States Congress passed the Tax Relief, 
Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Public Law 
111-312, which made changes to the laws governing the federal-state unemployment 
extended benefits program.  These changes continued the full federal funding of the 
extended benefits program through December 31, 2011 and additionally changed the 
formula for determining when the program "triggers on" to include a look back at the 
State's unemployment rate experience for the preceding 3 calendar years instead of the 2 
years in current statute.  This temporary 3-year look-back provision change is tied to the 
continued federal funding of benefits paid out under the extended benefits program and 
therefore is also set to expire on December 31, 2011. 
This bill temporarily changes Maine law to reflect the trigger calculation change.  If 
this change is not made, Maine is projected to "trigger off" extended benefits in March 
2011, and it is estimated that approximately 7,100 unemployed Maine workers will lose 
their benefits under this program.