An Act To Promote Rural Job Creation and Workforce Development
Maine Legislature, Session 125, LD 0954
Committee: State and Local Government
Sponsors: BARTLETT, ALFOND, JACKSON, PATRICK, DRISCOLL
Amends: 5 MRSA §1825-A, 5 MRSA §1825-B, 26 MRSA §1301, 26 MRSA §1303

Legislative Document 
No. 954 
S.P. 300 
In Senate, March 8, 2011 
An Act To Promote Rural Job Creation and Workforce 
Development 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Senators: ALFOND of Cumberland, JACKSON of Aroostook, PATRICK of 
Oxford, Representative: DRISCOLL of Westbrook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §1825-A, sub-§2-A is enacted to read: 
2-A.  Bidder providing in-state employment.  "Bidder providing in-state 
employment" means a person or group of persons whose bid proposal ensures that at least 
80% of the workers executing the proposal will be resident individuals, as that term is 
defined in Title 36, section 5102, subsection 5. 
Sec. 2.  5 MRSA §1825-A, sub-§2-B is enacted to read: 
2-B.  Bidder strengthening the local workforce.  "Bidder strengthening the local 
workforce" means a person or group of persons whose bid proposal commits to 
coordination with workforce development programs in the region where the work will be 
performed, including but not limited to apprenticeship programs and programs that 
primarily serve low-income residents or people with disabilities, and commits to filling at 
least 20% of jobs created with individuals who have been unemployed for longer than 6 
months, are clients of the Department of Labor's career center or have family income 
equal to or below 200% of the federal nonfarm income official poverty line. 
Sec. 3.  5 MRSA §1825-B, sub-§9, as amended by PL 1997, c. 263, §2, is further 
amended to read: 
9.  Determination of best-value bidder.  In determining the best-value bidder, the 
Director of the Bureau of General Services or any department or agency of the State shall, 
for the purpose of awarding a contract, add a percent increase on the bid of a nonresident 
bidder equal to the percent, if any, of the preference given to that bidder in the state in 
which the bidder resides, unless that bidder is also a bidder providing in-state 
employment.  In determining the best-value bidder, the director or any department or 
agency also shall subtract 10% from the bid of a bidder providing in-state employment 
and subtract 5% from the bid of a bidder strengthening the local workforce. 
Sec. 4.  26 MRSA §1301, as amended by PL 1995, c. 524, §2, is repealed and the 
following enacted in its place: 
§1301.  Local residents preferred; coordination with workforce development 
programs; exception 
The State, counties, cities and towns, and every charitable or educational institution 
that is supported in whole or in part by aid granted by the State or by any municipality 
shall, in the awarding of contracts for constructing, altering, repairing, furnishing or 
equipping its buildings or public works: 
1.  Preference to resident of State.  Give preference to workers and bidders who are 
residents of this State, as long as the bids submitted by such resident bidders are equally 
favorable with bids submitted by contractors from outside the State; 
2.  Commit to coordination with workforce development programs.  Require 
successful bidders on contracts over $100,000 to commit to coordination with workforce 
development programs in the region where the work will be performed, including but not 
limited to apprenticeship programs and programs that primarily serve low-income 
residents or people with disabilities; and 
3.  Fill 20% of jobs with certain individuals.  Require successful bidders on 
contracts over $100,000 to make best efforts to fill at least 20% of jobs created with 
individuals who have been unemployed for longer than 6 months, are clients of the 
Department of Labor's career center or have family income equal to or below 200% of the 
federal nonfarm income official poverty line. 
This section does not apply to construction or repairs amounting to less than $1,000, 
emergency work or state road work. 
Any contract for public improvement that is awarded by the State or any department 
or agency of the State is subject to the competitive bidding process established under 
Title 5, chapter 155, subchapter 1-A. 
Sec. 5.  26 MRSA §1303, as amended by PL 1997, c. 757, §1, is further amended 
to read: 
§1303.  Public works; minimum wage and benefits 
In the employment of laborers in the construction of public works, including state 
highways, by the State or by persons contracting for the construction, preference must 
first be given to citizens of the State who reside in the county where the work is to be 
performed and who are qualified to perform the work to which the employment relates.   
If such laborers can not be obtained in sufficient numbers, preference is next given to 
citizens of the State who are qualified to perform the work to which the employment 
relates and, if they can not be obtained in sufficient numbers, then to citizens of the 
United States.  Every contract for public works construction must contain a provision for 
employing citizens of this State or the United States.  The hourly wage and benefit rate 
paid to laborers employed in the construction of public works, including state highways, 
may not be less than the fair minimum rate as determined in accordance with section 
1308.  Any contractor who knowingly and willfully violates this section is subject to a 
fine of not less than $250 per employee violation.  Each day that any contractor employs 
a laborer at less than the wage and benefit minimum stipulated in this section constitutes 
a separate violation of this section. 
SUMMARY 
This bill gives a preference in state contracting to bidders who primarily employ 
residents of the State and to bidders who coordinate with regional workforce development 
programs and who fill at least 20% of positions on the project with low-income or 
long-term unemployed people.  The bill requires that successful bidders on public 
building or public works contracts with the State, counties, cities and towns and every 
charitable or educational institution that is supported in whole or in part by aid granted by 
the State or by a municipality commit to coordinate with regional workforce development 
programs and make best efforts to hire low-income and long-term unemployed people.  
The bill also requires state public works programs to give hiring preference to residents of 
the county where the work is being performed.