Resolve, To Establish the Commission To Study the Phase-out of Subminimum Wage
Maine Legislature, Session 128, LD 1117
Committee: Labor, Commerce, Research and Economic Development
Sponsors: JACKSON, PARKER, ALLEY, BLUME, DEVIN, FAY, GOLDEN, HAMANN, PERRY

Legislative Document
No. 1117
S.P. 371
In Senate, March 21, 2017
Resolve, To Establish the Commission To Study the Phase-out of 
Subminimum Wage
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 JACKSON of Aroostook.
Cosponsored by Representative PARKER of South Berwick and
Representatives: ALLEY of Beals, BLUME of York, DEVIN of Newcastle, FAY of Raymond, 
GOLDEN of Lewiston, HAMANN of South Portland, PERRY of Calais.
Sec. 1.  Commission To Study the Phase-out of Subminimum Wage 
established; definition.  Resolved:  That, notwithstanding Joint Rule 353, the 
Commission To Study the Phase-out of Subminimum Wage, referred to in this resolve as 
"the commission," is established.  As used in this resolve, "phase-out of the subminimum 
wage" means the increase in the minimum cash wage paid to a tipped service employee 
pursuant to the Maine Revised Statutes, Title 26, section 664, subsection 2; and be it 
further 
Sec. 2.  Commission membership.  Resolved:  That the commission consists of 
members appointed as follows: 
1.  One member of the Senate appointed by the President of the Senate and one 
member of the House of Representatives appointed by the Speaker of the House. The 
members appointed pursuant to this subsection must be from each of the 2 parties holding 
the largest number of seats in the Legislature; 
2.  A restaurateur who is opposed to the phase-out of the subminimum wage, 
appointed by the President of the Senate; 
3.  A restaurant worker who is opposed to the phase-out of the subminimum wage, 
appointed by the President of the Senate; 
4.  A member of an association that represents the restaurant industry, appointed by 
the President of the Senate;  
5.  A restaurateur who is supportive of the phase-out of the subminimum wage, 
appointed by the Speaker of the House; 
6.  A restaurant worker who is supportive of the phase-out of the subminimum wage, 
appointed by the Speaker of the House; and 
7.  A member of an organization that represents workers' rights, appointed by the 
Speaker of the House; and be it further 
Sec. 3.  Chairs.  Resolved:  That the member of the Senate named by the 
President of the Senate is the Senate chair and the member of the House of 
Representatives named by the Speaker of the House is the House chair of the 
commission; and be it further 
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the commission to meet and conduct its business; and be it further 
Sec. 5.  Duties.  Resolved:  That the commission shall collect and analyze data to 
determine the impact of the phase-out of the subminimum wage on: 
1.  Restaurant workers' hourly wages; 
2.  Restaurant workers' tips; 
3.  The number of people employed in the restaurant industry before and after the 
implementation of the phase-out of the subminimum wage, adjusted for unemployment 
rates;  
4.  Restaurant industry expansion; 
5.  Restaurant industry sales; and 
6.  Any other matters that the commission considers appropriate; and be it further 
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission; and be it further 
Sec. 7.  Report.  Resolved:  That, no later than March 1, 2019, the commission 
shall submit a report to the joint standing committee of the Legislature having jurisdiction 
over labor and commerce matters that includes its findings and recommendations, 
including suggested legislation, for presentation to the First Regular Session of the 129th 
Legislature; and be it further 
Sec. 8.  Outside funding.  Resolved:  That the commission shall seek funding 
contributions to fully fund the costs of the study.  All funding is subject to approval by 
the Legislative Council in accordance with its policies.  If sufficient contributions to fund 
the study have not been received within 30 days after the effective date of this resolve, no 
meetings are authorized and no expenses of any kind may be incurred or reimbursed; and 
be it further 
Sec. 9.  Continuation of work.  Resolved:  That the commission shall conduct 
an evaluation of its activities and submit a report to the Legislature no later than 
September 15, 2019 with a recommendation whether to continue, alter or cease the 
commission's activities. 
SUMMARY 
This resolve establishes the Commission To Study the Phase-out of the Subminimum 
Wage for the purpose of determining the effect of the law that requires the minimum cash 
wage paid to a tipped service employee to be increased by $1 each year until it reaches 
the same amount as the minimum wage.