An Act To Restore the Integrity of the Unemployment Compensation System
Maine Legislature, Session 128, LD 1927
Committee: Labor, Commerce, Research and Economic Development
Sponsors: BRAKEY
Amends: 26 MRSA §1192

Legislative Document
No. 1927
S.P. 763
In Senate, September 13, 2018
An Act To Restore the Integrity of the Unemployment 
Compensation System
(EMERGENCY)
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.  (GOVERNOR'S BILL)
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the integrity of the unemployment compensation system has been 
grievously eroded by the recent enactment of Public Law 2017, chapter 453; and
Whereas, as a result of this recently enacted law, Maine businesses will be forced to 
pay oppressive, higher taxes in order to stabilize the State's account in the federal 
Unemployment Trust Fund; and
Whereas, immediate legislative action is necessary to eliminate the negative 
consequences of Public Law 2017, chapter 453; 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.  26 MRSA §1192, sub-§3, as amended by PL 2017, c. 453, §1, is further 
amended to read:
3.  Is able and available for work.  The individual is able to work and is available 
for full-time work at the individual's usual or customary trade, occupation, profession or 
business or in such other trade, occupation, profession or business for which the 
individual's prior training or experience shows the individual to be fitted or qualified, as 
long as the geographic region in which the work will take place is not greater than 35 
miles from the individual's primary residence; and in addition to having complied with 
subsection 2 is actively seeking work in accordance with the regulations of the 
commission; provided that no ineligibility may be found solely because the claimant is 
unable to accept employment on a shift, the greater part of which falls between the hours 
of midnight to 5 a.m., and is unavailable for that employment because of parental 
obligation, the need to care for an immediate family member or the unavailability of a 
personal care attendant required to assist the unemployed individual who is a 
handicapped person; and provided that an unemployed individual who is neither able nor 
available for work due to good cause as determined by the deputy is eligible to receive 
prorated benefits for that portion of the week during which the individual was able and 
available.
A.  Notwithstanding this subsection, beginning January 1, 2004, an individual who is 
not available for full-time work as required in this subsection is not disqualified from 
receiving benefits if:
(1)  The individual worked less than full time for a majority of the weeks during 
that individual's base period and the individual is able and available for and 
actively seeking part-time work for at least the number of hours in a week 
comparable to those customarily worked in part-time employment during that 
individual's base period; or
(2)  The individual worked full time for a majority of the weeks during that 
individual's base period, but is able and available for and actively seeking only 
part-time work because of the illness or disability of an immediate family 
member or because of limitations necessary for the safety or protection of the 
individual or individual's immediate family member.
Sec. 2.  26 MRSA §1192, sub-§12, as amended by PL 2017, c. 453, §2, is further 
amended to read:
12.  Participation in reemployment services.  The individual who has been referred 
to reemployment services, pursuant to a profiling system established by the 
commissioner, participates in those services or similar services unless it is determined 
that the individual has completed those services or there is good cause for the individual's 
failure to participate; and
Sec. 3.  26 MRSA §1192, sub-§13, as amended by PL 2017, c. 453, §3, is further 
amended to read:
13.  Reemployment services and eligibility assessment; participation.  In the case 
that the individual has been referred to reemployment services and eligibility assessment 
by the Department of Labor, the individual participates in those services, unless the 
department determines there is good cause for the individual's failure to participate. 
Failure to participate in reemployment services and eligibility assessment without good 
cause results in a denial of benefits until the individual participates; and.
Sec. 4.  26 MRSA §1192, sub-§14, as enacted by PL 2017, c. 453, §4, is repealed.
Sec. 5.  26 MRSA §1192, last ¶, as amended by PL 2017, c. 453, §5, is further 
amended to read:
For purposes of subsections 2, 3, 12 and 13, "good cause" means the unemployed 
individual is ill; the presence of the unemployed individual is required due to an illness of 
the unemployed individual's spouse, children, parents, stepparents, brothers or sisters, or 
relatives who have been acting in the capacity of a parent of either the unemployed 
individual or the unemployed individual's spouse; the unemployed individual is in 
attendance at the funeral of such a relative; the unemployed individual is observing a 
religious holiday as required by religious conviction; the unemployed individual is 
performing either a military or civil duty as required by law; or other cause of a 
necessitous and compelling nature, including child care emergencies and transportation 
emergencies.  If an unemployed individual has completed reemployment services and 
eligibility assessment with the Department of Labor within the prior 5 years, that 
individual is considered to have good cause for not participating in reemployment 
services and eligibility assessment under subsections 12 and 13.  "Good cause" does not 
include incarceration as a result of a conviction for a felony or misdemeanor.
Sec. 6.  PL 2017, c. 453, §6 is repealed.
Sec. 7.  Appropriations and allocations.  The following appropriations and 
allocations are made.
LABOR, DEPARTMENT OF
Employment Security Services 0245
Initiative:  Deallocates one-time funds for the cost of making computer programming 
updates to implement changes to the eligibility requirements for unemployment benefits.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill reverses the changes to the eligibility requirements for unemployment 
benefits made by Public Law 2017, chapter 453, "An Act To Give Flexibility to 
Employees and Employers for Temporary Layoffs."  It repeals a requirement that the 
Department of Labor examine the effect of Public Law 2017, chapter 453 on the State's 
account in the federal Unemployment Trust Fund and report to the joint standing 
committee of the Legislature having jurisdiction over labor matters.  It also deallocates 
one-time funds that were allocated pursuant to Public Law 2017, chapter 453.
FEDERAL EXPENDITURES FUND
2017-18
2018-19
All Other
$0
($71,200)
FEDERAL EXPENDITURES FUND TOTAL
$0
($71,200)