An Act To Address the Unmet Workforce Needs of Employers and To Improve the Economic Future of Workers
Maine Legislature, Session 129, LD 0139
Committee: Labor and Housing
Sponsors: FECTEAU, AUSTIN, DAUGHTRY, HANDY, HIGGINS, HUBBELL, SYLVESTER, BELLOWS
Amends: 26 MRSA §773-A, 26 MRSA §2033

Legislative Document
No. 139
H.P. 121
House of Representatives, January 17, 2019
An Act To Address the Unmet Workforce Needs of Employers and 
To Improve the Economic Future of Workers
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Biddeford.
Cosponsored by Representatives: AUSTIN of Gray, DAUGHTRY of Brunswick, HANDY of 
Lewiston, HIGGINS of Dover-Foxcroft, HUBBELL of Bar Harbor, SYLVESTER of Portland, 
Senator: BELLOWS of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §773-A, sub-§3, ¶E, as enacted by PL 2017, c. 286, §4, is 
amended to read:
E.  Who has graduated from high school and who has graduated from a vocational, 
career and technical or cooperative education program approved by the Department 
of Education and is hired by an employer to work in an occupation for which the 
minor has been trained and certified by the vocational program may work for that 
employer in that occupation.
Sec. 2.  26 MRSA §2033, sub-§3, as enacted by PL 2007, c. 352, Pt. A, §3, is 
amended to read:
3.  Notice.  The department shall provide notice, including individual written notice, 
signs and other effective outreach methods, to inform people of the program and the 
education, training and support available from or through the program to individuals 
seeking work, education or training in the department's career centers.  The department 
shall tailor outreach efforts to focus on, without limitation, the following target 
demographics: unemployed and underemployed workers, veterans, immigrants, recipients 
of benefits under the statewide food supplement program pursuant to Title 22, section 
3104, low-skilled manufacturing workers and students enrolled in postsecondary 
education. The department shall also collaborate with education and training partners, 
employers, trade associations and other entities to improve outreach to target populations 
in industries identified as having a significant demand for a highly skilled workforce. 
This collaboration on outreach must include, at a minimum, a collaboration with the 
Maine Community College System.  Additionally, the department shall conduct outreach 
efforts with employers in industries with significant demand for skilled labor that have 
been approved for participation in the program pursuant to subsection 4 when those 
industries are at risk, diversifying or growing and the employer's employees may be 
eligible for the program.
Sec. 3.  26 MRSA §2033, sub-§4, ¶A, as amended by PL 2017, c. 110, §22, is 
further amended to read:
A.  The education or training provided through the program must be for employment 
in industries with significant demand for skilled labor that have been:
(1)  Identified by the Center for Workforce Research and Information as 
providing opportunity for employment in jobs with high compensation;
(2)  Recommended by the State Workforce Board; and
(3)  Approved by the Governor or the Governor's designee.
The identification, recommendation and approval of industries pursuant to this 
paragraph must take into account direct employer input in identifying the inventory 
and growth of highly skilled jobs that are currently or soon to be present in the State's 
economy, with an emphasis on jobs in industries that are expanding, jobs that have 
recently emerged in significant numbers and jobs that may be anticipated based on 
business trends. This identification, recommendation and approval must also take into 
account changing demographics, emerging trends and innovations and must include 
traditional industries in the State in which innovations and new technologies are 
creating demand for skilled workers, including, but not limited to, food production, 
farming, fisheries, forest products and manufacturing.
Sec. 4.  26 MRSA §2033, sub-§5-A, as enacted by PL 2015, c. 257, §1, is 
amended to read:
5-A.  Secondary student eligibility.  Notwithstanding subsection 5, paragraph A, 
before January 1, 2020, a full-time student at a public secondary school enrolled in a 
career and technical education program at a career and technical education center or a 
career and technical education region may be granted enrollment in the program if the 
student applies for enrollment and meets the requirements of subsection 5, paragraphs B, 
C, D and E.  For the purpose of determining eligibility under subsection 5, paragraph C, 
"income" includes the income of the student's family as defined by department rule.
The commissioner may not expend, on an annualized basis, more than 15% of the annual 
revenue to the fund for tuition, other allowable costs and administration and case 
management for students enrolled in the program under this subsection and the costs for 
any of these students who continue to participate in the program after attaining 18 years 
of age.
This subsection is repealed January 1, 2020.
Sec. 5.  26 MRSA §2033, sub-§8, ¶B, as enacted by PL 2007, c. 352, Pt. A, §3, is 
amended to read:
B.  Prior to the establishment of a plan, a participant must be given:
(1)  A description of the program, including a list of services and supports 
available through the program and nontraditional employment opportunities, so 
that the participant may identify a suitable employment goal and the services 
needed to participate in the program;
(2)  The opportunity to learn about and examine relevant labor market 
information related to identified industries and the participant's employment 
preference; 
(3)  If the participant's employment goal is an occupation for which an 
apprenticeship may be available, information about the department's 
apprenticeship program under chapter 33; and
(4)  Information about and assistance in applying for other services that will 
assist the participant in succeeding in the plan and prevent any unnecessary 
expenditure of resources by the program, including federal financial aid provided 
under the federal Higher Education Act of 1965, 20 United States Code, Chapter 
28; the state and federal earned income tax credit; health care resources; 
unemployment compensation; dislocated worker benefits; trade adjustment 
assistance; and other services available from other departments of State 
Government including the Department of Health and Human Services.  
Information concerning allowable uses of any existing family development 
account under Title 10, chapter 110, subchapter 4-A must also be provided; and
(5) Comprehensive career planning services that will enable the participant to 
identify a career goal and understand the financial costs and benefits of the 
education or training needed to meet that goal. The department may partner with 
other entities in providing comprehensive career planning services under a 
memorandum of understanding that specifies the requirements for career goals 
under the program.  This partnership must include, at a minimum, a partnership 
with the Maine Community College System with respect to participants enrolled 
or seeking enrollment in a training or education course provided by the Maine 
Community College System.  The Maine Community College System shall assist 
the department in program management and oversight for such participants.
Sec. 6.  26 MRSA §2033, sub-§10, as amended by PL 2015, c. 402, §2, is further 
amended to read:
10.  Monitoring, evaluation and annual report.  The department shall implement a 
comprehensive evaluation strategy that evaluates the fund, using both quantitative and 
qualitative data and including an analysis of the return on investment in the fund.  The 
evaluation must consider, at a minimum, the following factors: the value of total 
compensation, including, but not limited to, health insurance and other benefits to those 
participating in training; the impact of the program on the Unemployment Compensation 
Fund; the impact on productivity and performance for employers; and the impact on 
meeting the demand for skilled workers in industries in this State. The evaluation must 
measure the impact of the program over time, including a longitudinal analysis that 
captures productivity and other outcomes related to the program.  The department must 
submit a report to the joint standing committee of the Legislature having jurisdiction over 
labor matters by February 1st of each year on the status of the program and on the 
evaluation data collected and analyzed.  The report also must include the formula or limit 
established by the commissioner pursuant to subsection 2 to limit the proportion of 
program funds expended on career counseling and administration and the amount of 
funds expended for these purposes.  The report must also include a summary of the 
department's collaboration with the Maine Community College System under subsection 
and this collaboration's success in increasing access to the program.
SUMMARY
This bill makes a number of changes to the Competitive Skills Scholarship Program 
administered by the Department of Labor, including the following.
1. It requires that the Department of Labor's outreach efforts regarding the program 
be tailored to focus on unemployed and underemployed workers, veterans, immigrants, 
recipients of benefits under the statewide food supplement program, low-skilled 
manufacturing workers and students enrolled in postsecondary education.
2.  It directs the Department of Labor to collaborate with other entities to improve 
program outreach to target demographics, including, at a minimum, collaboration with 
the Maine Community College System.
3. It makes changes to the criteria used to determine approved education and training 
under the program, including consideration of employer input, changing demographics 
and traditional industries in the State in which innovations and new technologies are 
creating a demand for skilled workers.
4. It requires that a program participant be given information about the allowable uses 
of a family development account under the Maine Revised Statutes, Title 10, chapter 110, 
subchapter 4-A.
5. It adds a requirement that a participant be offered comprehensive career planning 
services prior to the program's development of an individual career plan with the 
participant and permits the Department of Labor to partner with other entities to provide 
this service.  It directs the department to include in this partnership, at a minimum, the 
Maine Community College System with respect to participants enrolled or seeking 
enrollment in a training or education course provided by the Maine Community College 
System.  It also directs the Maine Community College System to assist the Department of 
Labor in program management and oversight for such participants.
6.  It repeals the January 1, 2020 repeal provision on the eligibility for the program of 
a full-time student at a public secondary school enrolled in a career and technical 
education program at a career and technical education center or a career and technical 
education region.
This bill also amends the laws governing the employment of minors 16 and 17 years 
of age, providing that such a minor may be employed in an otherwise hazardous 
occupation for which the minor has been trained or certified from a vocational, career and 
technical or cooperative education program approved by the Department of Education 
only if the minor has graduated from the program and has graduated from high school.