Resolve, To Create the Commission To Develop a Paid Family and Medical Leave Benefits Program
Maine Legislature, Session 130, LD 1559
Committee: Labor and Housing
Sponsors: DAUGHTRY, McDONALD, CARNEY, VITELLI, BRYANT, CLOUTIER, FECTEAU, MILLETT, ROEDER

Legislative Document
No. 1559
S.P. 501
In Senate, April 22, 2021
Resolve, To Create the Commission To Develop a Paid Family and 
Medical Leave Benefits Program
(EMERGENCY)
Received by the Secretary of the Senate on April 20, 2021.  Referred to the Committee on 
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAUGHTRY of Cumberland.
Cosponsored by Representative McDONALD of Stonington and
Senators: CARNEY of Cumberland, VITELLI of Sagadahoc, Representatives: BRYANT of 
Windham, CLOUTIER of Lewiston, Speaker FECTEAU of Biddeford, MILLETT of Cape 
Elizabeth, ROEDER of Bangor.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve establishes the Commission To Develop a Paid Family and 
Medical Leave Benefits Program to study and develop a plan to implement a paid family 
and medical leave benefits program; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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
Sec. 1.  Commission established.  Resolved: That the Commission To Develop a 
Paid Family and Medical Leave Benefits Program, referred to in this resolve as "the 
commission," is established.
Sec. 2.  Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of 11 voting members appointed as follows:
1.  Two members of the Senate appointed by the President of the Senate, including a 
member from each of the 2 parties holding the largest number of seats in the Legislature;
2.  Two members of the House of Representatives appointed by the Speaker of the 
House, including a member from each of the 2 parties holding the largest number of seats 
in the Legislature;
3.  Two members appointed by the President of the Senate as follows:
A.  One member with expertise in issues affecting labor and independent contractors; 
and
B.  One employer with more than 50 employees;
4.  Two members appointed by the Speaker of the House as follows:
A.  One member with expertise in issues related to family and medical leave benefits; 
and
B.  One employer with 50 or fewer employees;
5.  Two members appointed by the Governor as follows:
A.  One member with expertise in issues affecting maternity and postpartum care; and
B. One member with expertise in issues affecting elder care; and
6.  The Commissioner of Labor or the commissioner's designee.
Sec. 3.  Chairs.  Resolved: That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission.  Notwithstanding Joint Rule 353, the chairs may appoint, as nonvoting 
members, individuals with expertise in paid family and medical leave, social insurance 
programs or related state infrastructure.
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.
Sec. 5.  Duties.  Resolved: That the commission shall:
1.  Study the paid family and medical leave benefits programs in other states, including 
those that have established paid family and medical leave benefits programs.  In its review 
of paid family and medical leave benefits programs in other states, the commission shall 
consider without limitation the following factors for each program:
A.  Equity of the program;
B.  Program funding;
C.  State partnerships and consortiums, including information technology needs;
D.  Education and outreach needs;
E.  Oversight and structure of the program; and
F.  Relationship between state government and the employers and employees 
participating in the program;
2.  Solicit and consider public comment on the administration and establishment of a 
paid family and medical leave benefits program, including but not limited to purposes for 
leave, eligibility, job protection and duration;
3.  Develop a plan to implement a paid family and medical leave benefits program by 
consulting with other states that have established paid family and medical leave benefits 
programs;
4.  Contract for and complete an actuarial study of the planned program under 
subsection 3, including start-up costs and ongoing costs of the program, the economic 
impact on and benefits to the State and the contributions needed to maintain the solvency 
of the program; and
5.  Based on the actuarial study in subsection 4 and other factors considered by the 
commission, make recommendations to implement a paid family and medical leave 
benefits program, including any necessary legislation.
Sec. 6.  Staff assistance.  Resolved:  That the Governor's Office of Policy 
Innovation and the Future shall provide necessary staffing services to the commission.  
Upon request, the Department of Labor, the Department of Health and Human Services 
and the Department of Administrative and Financial Services, Office of Information 
Technology and Bureau of Revenue Services shall provide additional staffing assistance to 
the commission.
Sec. 7.  Report.  Resolved:  That, notwithstanding Joint Rule 353, no later than 
January 15, 2022, the commission shall submit a report that includes its findings and 
recommendations, including suggested legislation, for presentation to the Second Regular 
Session of the 130th Legislature.
Sec. 8.  Additional funding sources.  Resolved:  That, notwithstanding Joint Rule 
353, the commission may apply for and receive funds, grants or contributions from public 
and private sources to support its activities.
Sec. 9.  Transfers from Department of Professional and Financial 
Regulation Other Special Revenue Funds balances to General Fund.  
Resolved: That, at the close of fiscal year 2020-21, the State Controller shall transfer 
$200,000 from available balances in Other Special Revenue Funds accounts within the 
Department of Professional and Financial Regulation to the General Fund unappropriated 
surplus to support the duties of the commission.  The Commissioner of Professional and 
Financial Regulation shall determine from which accounts the funds will be transferred so 
that the sum equals $200,000 and notify the State Controller and the Joint Standing 
Committee on Appropriations and Financial Affairs of the amounts to be transferred from 
each account.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Commission To Develop a Paid Family and Medical Leave 
Benefits Program.  It requires the State Controller to transfer $200,000 from available 
balances in Other Special Revenue Funds accounts within the Department of Professional 
and Financial Regulation to the General Fund unappropriated surplus to support the duties 
of the commission.