reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1024. Bargaining units (REPEALED)

§1024. Bargaining units
(REPEALED)
SECTION HISTORY
PL 1975, c. 603, §1 (NEW). PL 1975, c. 671, §8 (RPR). PL 1975, c. 697, §§13,14 (AMD). PL 1975, c. 721, §2 (AMD). PL 1975, c. 770, §117 (AMD). PL 1977, c. 581, §§5-7 (AMD). PL 1977, c. 641 (AMD). PL 1979, c. 541, §A172 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1028. Rule making procedure and review of proceedings

§1028. Rule making procedure and review of proceedings
1.  Rule making procedure.
Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3.
[PL 1975, c. 603, §1 (NEW).]
2.  Review of representation proceedings.
Any person aggrieved by any ruling or determination of the executive director under sections 1024‑A and 1025 may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an appeal, the board shall within a reasonable time hold a hearing, having first caused 7 days' notice, in writing, of the time and place of the hearings to be given to the aggrieved party, the labor organizations or bargaining agent and the public employer. The hearings and the procedures established in furtherance thereof must be in accordance with section 968. Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 972, if the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested.
[PL 2007, c. 695, Pt. C, §17 (AMD).]
SECTION HISTORY
PL 1975, c. 564, §38 (AMD). PL 1975, c. 603, §1 (NEW). PL 1975, c. 671, §21 (AMD). PL 1975, c. 697, §15 (AMD). PL 1975, c. 770, §115 (AMD). PL 1991, c. 143, §6 (AMD). PL 1993, c. 90, §6 (AMD). PL 2007, c. 695, Pt. C, §17 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1030. Hearings

§1030. Hearings
1.  Conduct of hearings.
Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other evidence deemed relevant by the board may be received.
[PL 1975, c. 603, §1 (NEW).]
2.  Power of chairman.
The chairman shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the presentation of books, records and other evidence relative or pertinent to the issues presented to the board for determination. Witnesses subpoenaed by the board shall be allowed the same fees as are paid to witnesses in the Superior Court. These fees, together with all necessary expenses of the board, shall be paid by the Treasurer of State on warrants drawn by the State Controller.
[PL 1975, c. 603, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 603, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1031. Scope of binding contract arbitration

§1031. Scope of binding contract arbitration
A collective bargaining agreement between the university, the academy or the community colleges and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure but the only grievances which may be taken to such binding arbitration shall be disputes between the parties as to the meaning or application of the specific terms of collective bargaining agreement. An arbitrator with the power to make binding decisions pursuant to any such provisions shall have no authority to add to, subtract from or modify the collective bargaining agreement.   [PL 1989, c. 443, §76 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
SECTION HISTORY
PL 1975, c. 603, §1 (NEW). PL 1975, c. 671, §26 (AMD). PL 1977, c. 581, §19 (AMD). PL 1985, c. 497, §18 (AMD). PL 1985, c. 506, §B33 (AMD). PL 1985, c. 737, §A70 (RPR). PL 1989, c. 443, §76 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1032. Suits by and against unincorporated employee organizations

§1032. Suits by and against unincorporated employee organizations
In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated employee organization may sue or be sued in the name by which it is known.   [PL 1975, c. 603, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 603, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1033. Review of arbitration awards

§1033. Review of arbitration awards
1.  Court review.
Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with the Maine Rules of Civil Procedure, Rule 80B.
[PL 1979, c. 541, Pt. A, §174 (AMD).]
2.  Determination final on questions of fact.
In the absence of fraud, the binding determination of an arbitration panel or arbitrator shall be final upon all questions of fact.
[PL 1975, c. 603, §1 (NEW).]
3.  Power of reviewing court.
The court may, after consideration, affirm, reverse or modify any such binding determination or decision based upon an erroneous ruling or finding of law. An appeal may be taken to the law court as in any civil action.
[PL 1975, c. 603, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 603, §1 (NEW). PL 1979, c. 541, §A174 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1034. Separability

§1034. Separability
1.  Severability.
If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that this chapter would have been adopted had such invalid provisions not been included.
[PL 1975, c. 603, §1 (NEW).]
2.  No restriction on eligibility for federal grant-in-aid or assistance programs.
Nothing in this chapter or any contract negotiated pursuant to this chapter may in any way be interpreted or allowed to restrict or impair the eligibility of the university, any of its campuses or units, academy or community colleges in obtaining the benefits under any federal grant-in-aid or assistance programs.
[PL 1989, c. 443, §77 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
SECTION HISTORY
PL 1975, c. 603, §1 (NEW). PL 1975, c. 671, §27 (AMD). PL 1977, c. 581, §20 (AMD). PL 1985, c. 497, §19 (AMD). PL 1985, c. 506, §B34 (AMD). PL 1989, c. 443, §77 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1035. Publication of initial proposals

§1035. Publication of initial proposals
Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposals may be publicized until 10 days after both parties have made their initial proposal.   [PL 1979, c. 125, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 125, §3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1036. Continuation of grievance arbitration provisions

§1036. Continuation of grievance arbitration provisions
If a contract between a public employer and a bargaining agent signed after October 1, 2005 expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract remain in effect until the parties execute a new contract. In any arbitration that is conducted pursuant to this section, an arbitrator shall apply only those provisions enforceable by virtue of the static status quo doctrine and may not add to, restrict or modify the applicable static status quo following the expiration of the contract, unless the parties have otherwise agreed in the collective bargaining agreement. All such grievances that are appealed to arbitration are subject exclusively to the grievance and arbitration process contained in the expired agreement and the board does not have jurisdiction over such grievances. The arbitrator's determination is subject to appeal pursuant to the Uniform Arbitration Act. Disputes over which provisions in an expired contract are enforceable by virtue of the static status quo doctrine first must be resolved by the board, subject to appeal pursuant to applicable law. The grievance arbitration is stayed pending resolution of this issue by the board. The board may adopt rules as necessary to establish a procedure to implement the intent of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. Nothing in this section expands, limits or modifies the scope of any grievance arbitration provisions, including procedural requirements.   [PL 2005, c. 324, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 324, §3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 12: UNIVERSITY OF MAINE SYSTEM LABOR RELATIONS ACT › 26 §1038. Obligations during interim between contracts

§1038. Obligations during interim between contracts
During the interim after the expiration of a collective bargaining agreement and before the effective date of any subsequent collective bargaining agreement, regular employees covered by the expired collective bargaining agreement remain eligible for and must receive step increases in accordance with the terms and conditions set forth in the expired collective bargaining agreement.   [PL 2021, c. 282, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 282, §2 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1042. Policy

§1042. Policy
Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this State. Unemployment is therefore a subject of general interest and concern which requires appropriate action by the Legislature to prevent its spread and to lighten its burden which may fall upon the unemployed worker, his family and the entire community. The achievement of social security requires protection against this greatest hazard of our economic life. This objective can be furthered by operating free public employment offices in affiliation with a nation-wide system of public employment services; by devising appropriate methods for reducing the volume of unemployment; and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power, promoting the use of the highest skills of unemployed workers and limiting the serious social consequences of unemployment.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1044. Protection of rights and benefits

§1044. Protection of rights and benefits
1.  Waiver of rights void; penalty.
Any agreement by an individual to waive, release or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions, required under this chapter from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer's contributions required from him, or require or accept any waiver of any right hereunder by any individual in his employ.
Any employer or officer or agent of an employer who violates any provision of this subsection shall, for each offense, be guilty of a Class E crime.
[PL 1979, c. 515, §6 (AMD).]
2.  Limitation of fees; penalty.
No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the commission or its representatives or by any court or any officer thereof unless otherwise provided by Title 5, section 8001 et seq. Any individual claiming benefits in any proceeding before the commission or a court may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the commission.
In the event a claimant has retained counsel for the purpose of prosecuting an appeal from a decision of the commission, and the final decision of such court results in a reversal, in whole or in part, of the decision appealed from, the fees for such service shall be paid by the commissioner from his administrative fund.
Any person who violates any provision of this subsection shall be guilty of a Class E crime.
[PL 1979, c. 651, §6 (AMD).]
3.  No assignment of benefits; exemptions.
Any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy, execution, attachment or any other remedy whatsoever provided for the collection of debt. Benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such individual or his spouse or dependents during the time when such individual was unemployed. No waiver of any exemption provided for in this subsection shall be valid.
SECTION HISTORY
PL 1965, c. 294 (AMD). PL 1977, c. 694, §467 (AMD). PL 1979, c. 515, §§6-8 (AMD). PL 1979, c. 579, §5 (AMD). PL 1979, c. 651, §§6,47 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1045. Representation in court

§1045. Representation in court
1.  Civil actions.
In any civil action to enforce this chapter the bureau and the State may be represented by any qualified attorney who is employed by the bureau and designated by it for this purpose or at the commissioner's request by the Attorney General.
[PL 1983, c. 351, §4 (AMD).]
2.  Criminal actions.
All criminal actions for violation of any provision of this chapter, or of any regulations issued pursuant thereto, shall be prosecuted by the Attorney General or district attorney.
[PL 1981, c. 470, Pt. A, §143 (AMD).]
SECTION HISTORY
PL 1981, c. 470, §A143 (AMD). PL 1983, c. 351, §4 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1046. Nonliability

§1046. Nonliability
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the Unemployment Compensation Fund, and neither the State, the bureau nor the commission shall be liable for any amount in excess of such sums.   [PL 1979, c. 651, §§ 7, 47 (AMD).]
SECTION HISTORY
PL 1979, c. 579, §6 (AMD). PL 1979, c. 651, §§7,47 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1047. Information privileged

§1047. Information privileged
All information transmitted to the bureau, the commission or its duly authorized representatives pursuant to this chapter is absolutely privileged and may not be made the subject matter or basis in any action of slander or libel in any court in this State. The privileged nature of any such information may not limit or affect the use of that information in any prosecution or action to enforce Title 39‑A, section 324.   [PL 1991, c. 885, Pt. E, §36 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
SECTION HISTORY
PL 1979, c. 579, §7 (AMD). PL 1979, c. 651, §§8,47 (AMD). PL 1987, c. 77, §1 (AMD). PL 1991, c. 885, §E36 (AMD). PL 1991, c. 885, §E47 (AFF).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1048. Separability of provisions

§1048. Separability of provisions
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1048-A. Disclosure of wage and unemployment compensation information to National Directory of New Hires

§1048-A. Disclosure of wage and unemployment compensation information to National Directory of New Hires
Notwithstanding any other provision of law, the commissioner shall provide quarterly data, contained in the department's records of wages and unemployment compensation benefits paid to individuals who are reported to the Department of Health and Human Services pursuant to Title 19‑A, section 2154, to the Department of Health and Human Services for transmission to the federal Secretary of Health and Human Services as required by Section 313(g)(2) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The cost of complying with the requirements of this section must be paid for by the federal Department of Health and Human Services to the maximum extent permitted by law, with any remaining cost paid for by the Department of Health and Human Services.   [PL 1997, c. 537, §58 (NEW); PL 1997, c. 537, §62 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1997, c. 537, §58 (NEW). PL 1997, c. 537, §62 (AFF). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1049. Saving clause

§1049. Saving clause
All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this chapter at any time.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1050. Constitutionality

§1050. Constitutionality
If at any time the provisions of this chapter requiring the payment of contributions and benefits have been held invalid under the Constitution of Maine by the Supreme Judicial Court of this State or under the United States Constitution by the Supreme Court of the United States in such manner that any person or concern required to pay contributions under this chapter might secure a similar decision, or that the tax imposed by Title IX of the federal Social Security Act, as amended, or any other federal tax against which contributions under this chapter may be credited has been amended or repealed by Congress or has been held unconstitutional by the Supreme Court of the United States, with the result that no portion of the contributions required by this chapter may be credited against such federal tax, the Governor shall forthwith publicly so proclaim and upon the date of such proclamation the provisions of this chapter requiring the payment of contributions and benefits must be suspended. The commissioner shall thereupon requisition from the Unemployment Trust Fund all moneys therein standing to the commissioner's credit and shall direct the Treasurer of State to deposit such moneys, together with any other moneys in the fund, as a special fund in any banks or public depositories in this State in which general funds of the State may be deposited, and to hold such moneys for such disposition as the Legislature may prescribe. The commissioner shall thereupon refund, as the Legislature may prescribe, without interest and in accordance with rules prescribed by the commissioner, to each person or concern by whom contributions have been paid, their pro rata share of the total contributions paid under this chapter. Any interest or earnings of the fund must be available to the commissioner to pay for the costs of making such refunds. When the commissioner has executed the duties prescribed and performed such other acts as are incidental to the termination of the commissioner's duties under this chapter, the Governor shall by proclamation declare that this chapter ceases to be operative.   [PL 2021, c. 456, §5 (AMD).]
SECTION HISTORY
PL 1979, c. 579, §8 (AMD). PL 1979, c. 651, §§9,47 (AMD). PL 2021, c. 456, §5 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 1: GENERAL PROVISIONS › 26 §1052. Method of mail for required notices

§1052. Method of mail for required notices
The bureau may not send a notice to an individual as required under this chapter exclusively by electronic mail without first allowing the individual the opportunity to elect to receive that notice exclusively by electronic mail.   [PL 2023, c. 53, §2 (NEW).]
SECTION HISTORY
PL 2023, c. 53, §2 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 2: ADMINISTRATION › 26 §1084. Municipal employment service

§1084. Municipal employment service
1.  Authorization.
The legislative body of a municipality may authorize its municipal officers or their designee to enter into an agreement, not financed by the State, with the commissioner for the purpose of providing job services or job service facilities, or both.
[PL 1995, c. 560, Pt. G, §12 (AMD).]
2.  Liability of the State.
Notwithstanding any other provision of law or agreement to the contrary, for the purposes of this section, the municipality shall be considered an agent of the State and the municipal officials and employees shall be considered to be acting on behalf of the State in its official capacity. The State shall indemnify, hold harmless and, with the consent of the municipality or its officials or employees, defend the municipality and its officials and employees against any claim which arises out of an act or omission occuring within the course or scope of employment for purposes of performing the duties within the purview of this section. If the defense of the municipality or its officials or employees creates a conflict of interest between the State and the municipality, official or employee, the State need not assume the defense; however, the State shall be liable for reasonable attorney's fees and court costs of the municipality, official or employee.
This subsection shall not apply if the municipality, official or employee settles the claim without the consent of the State, or if the municipality, official or employee does not notify the State within 30 days after receiving actual written notice of the claim against him or within 15 days after the service of the summons and complaint upon him and if the State is prejudiced thereby.
[PL 1981, c. 648 (NEW).]
SECTION HISTORY
PL 1981, c. 648 (NEW). PL 1995, c. 560, §G12 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 3: EMPLOYMENT SECURITY ADMINISTRATION FUND › 26 §1111. Use of fund

§1111. Use of fund
The special fund in the State Treasury known as the Unemployment Compensation Administration Fund, as heretofore created, shall hereafter be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund are appropriated and made available to the commissioner. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this chapter, and for no other purpose whatsoever. The fund shall consist of all moneys appropriated by this State, and all moneys received from the United States of America, or any agency thereof, including the Social Security Board, Railroad Retirement Board and the United States Employment Service, or from any other source, for such purpose. Moneys received from the Railroad Retirement Board as compensation for services or facilities supplied to said board shall be paid into this fund on the same basis as expenditures are made for such services or facilities from such fund. All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the commissioner for expenditure consistent with this chapter.   [PL 1979, c. 651, §§ 45, 47 (AMD).]
SECTION HISTORY
PL 1979, c. 579, §44 (AMD). PL 1979, c. 651, §§45,47 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 3: EMPLOYMENT SECURITY ADMINISTRATION FUND › 26 §1112. Reimbursement of fund

§1112. Reimbursement of fund
If any moneys received in the Employment Security Administration Fund after June 30, 1941 are found by the Secretary of Labor because of any action or contingency to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of this chapter, it is the policy of this State that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this State to the Employment Security Administration Fund for expenditure as provided in section 1111. Upon receipt of notice of such a finding by the Secretary of Labor, the commissioner shall promptly report the amount required for such replacement to the Governor, and the Governor shall at the earliest opportunity submit to the Legislature a request for the appropriation of such amount. This section shall not be construed to relieve this State of its obligation with respect to funds received prior to July 1, 1941, pursuant to Title III of the Social Security Act.   [PL 1979, c. 651, §§ 45, 47 (AMD).]
SECTION HISTORY
PL 1979, c. 579, §44 (AMD). PL 1979, c. 651, §§45,47 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 4: UNEMPLOYMENT COMPENSATION FUND › 26 §1141. Contents of fund

§1141. Contents of fund
The Unemployment Compensation Fund, as heretofore created, shall be a special fund, separate and apart from all public moneys or funds of this State, and shall be administered by the commissioner exclusively for the purposes of this chapter. All moneys in the fund shall be mingled and undivided. This fund shall consist of:   [PL 1979, c. 651, §19 (AMD).]
1.  Contributions.
All contributions and payments in lieu of contributions collected under this chapter;
[PL 1973, c. 555, §12 (AMD).]
2.  Interest.
Interest earned upon any moneys in the fund;
3.  Property or securities.
Any property or securities acquired through the use of moneys belonging to the fund;
4.  Earnings.
All earnings of such property or securities;
5.  Moneys.
All other moneys received for the fund under any Act of Congress or from any other source.
SECTION HISTORY
PL 1973, c. 555, §12 (AMD). PL 1977, c. 675, §14 (AMD). PL 1979, c. 579, §18 (AMD). PL 1979, c. 651, §§19,47 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 5: MANAGEMENT OF FUNDS › 26 §1161. Accounts and deposit

§1161. Accounts and deposit
The Treasurer of State is the ex officio treasurer and custodian of the Unemployment Compensation Fund and shall administer the fund in accordance with the directions of the commissioner. The Treasurer of State shall maintain within the fund 4 separate accounts:   [PL 2003, c. 164, §1 (AMD).]
1.  Clearing account.
A clearing account for all money payable to the trust fund account that is not deposited into the tax deposit account;
[PL 2015, c. 39, §2 (AMD).]
2.  Trust fund account.
An unemployment trust fund account;
[PL 2003, c. 164, §1 (AMD).]
3.  Benefit account.
A benefit account; and
[PL 2003, c. 164, §1 (AMD).]
4.  Tax deposit account.
A clearing account for that portion of unemployment insurance contributions payable to the trust fund account from the tax deposit account.
[PL 2015, c. 39, §2 (AMD).]
All money payable to the fund, upon receipt by the commissioner, must be forwarded to the Treasurer of State, who shall immediately deposit it in the clearing account or the tax deposit account. Refunds payable pursuant to section 1043, subsection 11, paragraph F, subparagraph (2) or section 1225 may be paid from the clearing account, the tax deposit account or the benefit account upon warrants prepared by the commissioner and signed by the State Controller. After clearance, all other money in the clearing account and all of the unemployment compensation money in the tax deposit account must be immediately deposited with the Secretary of the Treasury of the United States of America to the credit of the account of this State in the Unemployment Trust Fund, established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this State relating to the deposit, administration, release or disbursement of money in the possession or custody of this State to the contrary notwithstanding. The benefit account must consist of all money requisitioned from this State's account in the Unemployment Trust Fund.   [PL 2015, c. 39, §2 (AMD).]
Except as otherwise provided, money in the clearing, tax deposit and benefit accounts may be deposited by the Treasurer of State, under the direction of the commissioner, in any bank or public depository in which general funds of the State may be deposited, but no public deposit insurance charge or premium may be paid out of the fund.   [PL 2015, c. 39, §2 (AMD).]
The Governor is authorized to apply for advances to the account of this State in the Unemployment Trust Fund in accordance with the provisions of Title XII of the Social Security Act, 42 United States Code, Section 1321, as amended, or under any other Act of Congress extending such authority, in order to secure to this State and its citizens the advantages available under the provisions of Title XII of the Social Security Act.   [PL 2003, c. 164, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 462, §3 (AMD). PL 1975, c. 770, §121 (AMD). PL 1977, c. 675, §15 (AMD). PL 2003, c. 164, §1 (AMD). PL 2015, c. 39, §2 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 5: MANAGEMENT OF FUNDS › 26 §1162. Withdrawals

§1162. Withdrawals
Moneys must be requisitioned from the State's account in the Unemployment Trust Fund solely for the payment of benefits and for the payment of refunds pursuant to section 1043, subsection 11, paragraph F, subparagraph (2) and section 1225 in accordance with rules prescribed by the commissioner. The commissioner shall from time to time requisition from the Unemployment Trust Fund the amounts, not exceeding the amounts standing to this State's account therein, as the commissioner considers necessary for the payment of the benefits and refunds for a reasonable future period. Upon receipt thereof the Treasurer of State shall deposit the moneys in the benefit account and warrants must be issued for the payment of benefits and refunds solely from the benefit account. All warrants issued for the payment of benefits and refunds must bear the signature of the commissioner or the commissioner's duly authorized agent for that purpose. When so signed and delivered to the payee, the warrants become a check against a designated bank or trust company acting as a depository of the State Government. The commissioner is the final judge of the legality or propriety of any award of benefits, or the amount thereof, appearing in any such warrant prepared by the commissioner, subject only to the right of appeal as provided in section 1194, subsection 8. Any balance of moneys requisitioned from the Unemployment Trust Fund that remains unclaimed or unpaid in the benefit account after the expiration of the period for which the sums were requisitioned must either be deducted from estimates for, and may be utilized for the payment of, benefits and refunds during succeeding periods or, in the discretion of the commissioner, be redeposited with the United States Secretary of the Treasury, to the credit of this State's account in the Unemployment Trust Fund, as provided in section 1161.   [PL 2023, c. 405, Pt. A, §100 (AMD).]
SECTION HISTORY
PL 1975, c. 462, §4 (AMD). PL 1979, c. 579, §19 (RPR). PL 1979, c. 651, §§20,47 (RPR). PL 2021, c. 456, §11 (AMD). PL 2023, c. 405, Pt. A, §100 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 5: MANAGEMENT OF FUNDS › 26 §1163. Management on discontinuance of Unemployment Trust Fund

§1163. Management on discontinuance of Unemployment Trust Fund
Sections 1141, 1161 and 1162, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the Secretary of the Treasury of the United States of America continues to maintain for this State a separate book account of all funds deposited therein by this State for benefit purposes, together with this State's proportionate share of the earnings of such Unemployment Trust Fund, from which no other state is permitted to make withdrawals. If and when such Unemployment Trust Fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties or securities therein, belonging to the Unemployment Compensation Fund of this State shall be transferred to the treasurer of the Unemployment Compensation Fund, who shall hold, invest, transfer, sell, deposit and release such moneys, properties or securities in a manner approved by the commissioner in accordance with this chapter. Such moneys shall be invested in the following readily marketable classes of securities: Bonds or other interest-bearing obligations of the United States of America or of any state in the said United States. Such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for payment of benefits. The Treasurer of State shall dispose of securities or other properties belonging to the Unemployment Compensation Fund only under the direction of the commissioner.   [PL 1977, c. 675, §16 (AMD).]
SECTION HISTORY
PL 1977, c. 675, §16 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 5: MANAGEMENT OF FUNDS › 26 §1165. Federal Advance Interest Fund

§1165. Federal Advance Interest Fund
The Federal Advance Interest Fund shall be a special nonlapsing fund in the State Treasury. All receipts, including interest, fines and penalties collected from the special assessment as defined in section 1241, shall be paid into this fund. Income from investment of this fund shall be deposited to the credit of the fund. All money in the fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury.   [PL 1983, c. 738, §1 (NEW).]
The money in this fund shall be used exclusively for the purpose of paying interest incurred on advances received from the Federal Unemployment Trust Fund. If, as of December 31st of any year, no interest is payable and no balance of interest-bearing advances exists in the Unemployment Compensation Fund, the unobligated and unencumbered balance of the Federal Advance Interest Fund in excess of $50,000 shall be transferred to the Unemployment Compensation Fund by January 31st of the following year.   [PL 1983, c. 738, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 738, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 6: BENEFITS › 26 §1190. Study of benefit changes

§1190. Study of benefit changes
1.  Referral for review and evaluation.
Whenever a legislative measure containing an unemployment compensation benefit change is proposed, the bureau shall complete a review and evaluation pursuant to subsection 2 in advance of the public hearing on the proposed measure. Once a review and evaluation has been completed, the joint standing committee of the Legislature having jurisdiction over the proposal shall review the findings of the bureau. A proposed benefit change may not be enacted into law unless review and evaluation pursuant to subsection 2 has been completed. For purposes of this section, a "benefit change" means any change in law that will cause a change in the number of people eligible as well as any increase or decrease in the dollar amount, maximum amount or duration of benefits payable.
[PL 1999, c. 740, §1 (NEW).]
2.  Content of review.
The review and evaluation must include, at a minimum and to the extent information is available, the following:
A. Projected annual change in cost to the fund for the ensuing 5 years;   [PL 2011, c. 212, §2 (AMD).]
B. Projected impact on the experience rating records of employers, sorted by size and industry, and on employer's experience classifications, as described in section 1221, subsection 4‑A, for the ensuing 5 years;   [PL 2011, c. 212, §2 (AMD).]
C. Review of the impact of a proposed benefit change on recipient groups, including an analysis by gender, income levels and geographic distribution;   [PL 2021, c. 456, §12 (AMD).]
C-1. The projected impact of the proposed change on the State’s unemployment insurance recipiency rate. For purposes of this paragraph, "recipiency rate" means the number of insured unemployed persons in regular unemployment insurance programs as a percent of total unemployed persons; and   [PL 2021, c. 456, §13 (NEW).]
D. Any other information that the bureau considers appropriate to assist the Legislature in deciding on the proposed benefit change.   [PL 1999, c. 740, §1 (NEW).]
[PL 2021, c. 456, §§12, 13 (AMD).]
SECTION HISTORY
PL 1999, c. 740, §1 (NEW). PL 2011, c. 212, §2 (AMD). PL 2021, c. 456, §§12, 13 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 6: BENEFITS › 26 §1196. Extended benefits for dislocated workers in approved training; sunset and review

§1196. Extended benefits for dislocated workers in approved training; sunset and review
1.  Dislocated worker defined.
As used in this section; section 1043, subsection 5, paragraph B; and section 1191, subsection 4, paragraph A, the term "dislocated worker" means:
A. An individual who:
(1) Has been terminated or laid off from employment as a result of a reduction of operations at the individual's place of employment or who has received a notice of termination or layoff from employment;   [PL 2009, c. 271, §4 (AMD).]
B. An individual who has been terminated or who has received a notice of termination of employment, as a result of any permanent closure of a plant or facility; or   [PL 1985, c. 591, §5 (NEW).]
C. An individual who is long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which he resides, including any older individual who may have substantial barriers to employment because of his age.   [PL 1985, c. 591, §5 (NEW).]
[PL 2009, c. 271, §4 (AMD).]
2.  Annual report.
The Commissioner of Labor shall report to the joint standing committee of the Legislature having jurisdiction over labor before March 1st of each year regarding the actions taken under section 1043, subsection 5, paragraph B, and section 1191, subsection 4, paragraph A. The report shall include:
A. The number of persons who receive benefits under those provisions;   [PL 1985, c. 591, §5 (NEW).]
B. The average length of time in training for persons who receive benefits under those provisions;   [PL 1985, c. 591, §5 (NEW).]
C. The average weekly benefit and average total amount of benefits paid to persons under those provisions;   [PL 1985, c. 591, §5 (NEW).]
D. The success rate in placing trainees who receive benefits under those provisions;   [PL 2009, c. 271, §5 (AMD).]
E. The total cost of benefits paid under those provisions and the effect on the Unemployment Trust Fund; and   [PL 2009, c. 271, §6 (AMD).]
F. The number of persons participating in training while receiving extended unemployment benefits under those provisions during the report year who have previously completed a training program while receiving extended unemployment benefits under those provisions, including the length of time between those enrollments.   [PL 2009, c. 271, §7 (NEW).]
[PL 2009, c. 271, §§5-7 (AMD).]
3.  Repeal.
[PL 1995, c. 9, §3 (RP).]
4.  Suspension of provisions due to the reserve multiple.
[PL 1995, c. 9, §4 (RP).]
SECTION HISTORY
PL 1985, c. 591, §5 (NEW). PL 1987, c. 570, §4 (AMD). PL 1991, c. 472, §§1,2 (AMD). PL 1993, c. 3, §1 (AMD). PL 1993, c. 3, §2 (AFF). PL 1993, c. 22, §§4,5 (AMD). PL 1995, c. 9, §§3,4 (AMD). PL 2009, c. 271, §§4-7 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 6: BENEFITS › 26 §1199. Provisions under a declared state of emergency

§1199. Provisions under a declared state of emergency
The provisions of this section apply for the duration of a state of emergency declared by the Governor pursuant to Title 37‑B, section 742 due to the outbreak of COVID-19, and for 30 days following the termination of that state of emergency.   [PL 2019, c. 617, Pt. B, §1 (NEW).]
1.  Benefits not charged against employer.
Notwithstanding section 1191 or 1221, if an individual is dislocated or temporarily laid off as a result of the state of emergency, benefits paid to that individual under this subchapter may not be charged against the experience rating record of any employer but must be charged to the General Fund.
[PL 2019, c. 617, Pt. B, §1 (NEW).]
2.  Eligibility.
An individual is deemed to have met the eligibility requirements under section 1192, subsections 2 and 3 as long as the individual remains able and available to work for, and maintains contact with, the relevant employer and the individual is:
A. Under a temporary medical quarantine or isolation restriction to ensure that the individual has not been affected by the subject condition of the state of emergency and is expected to return to work; or   [PL 2019, c. 617, Pt. B, §1 (NEW).]
B. Temporarily laid off due to a partial or full closure of the individual's place of employment as a result of the state of emergency and is expected to return to work once the emergency closure is lifted.   [PL 2019, c. 617, Pt. B, §1 (NEW).]
[PL 2019, c. 617, Pt. B, §1 (NEW).]
3.  Waiting period waived.
The waiting period requirement under section 1192, subsection 4‑A is waived for an individual who is dislocated or temporarily laid off as a result of the state of emergency.
[PL 2019, c. 617, Pt. B, §1 (NEW).]
4.  Temporary leave of absence due to COVID-19.
Notwithstanding section 1193, subsection 1, during the state of emergency, an individual who is on a temporary leave of absence due to a medical quarantine or isolation restriction, a demonstrated risk of exposure or infection or a need to care for a dependent family member as a result of COVID-19 is not disqualified from receiving benefits during this absence as long as the individual continues to remain able and available to work for, and maintains contact with, the relevant employer.
[PL 2019, c. 617, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 617, Pt. B, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 7: EMPLOYER'S CONTRIBUTIONS AND COVERAGE › 26 §1223. Collection of contributions (REPEALED)

§1223. Collection of contributions
(REPEALED)
SECTION HISTORY
PL 1969, c. 186, §2 (AMD). PL 1973, c. 555, §20 (AMD). PL 1975, c. 462, §8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 7: EMPLOYER'S CONTRIBUTIONS AND COVERAGE › 26 §1224. Exempt employers to report on accrued wages

§1224. Exempt employers to report on accrued wages
All employers, exempt from the weekly payment of wage law of this State, may be required to report to the commissioner all accrued wages payable for employment during the calendar quarter when filing payroll reports in accordance with section 1082, subsection 13 under such regulations as the commission may prescribe. Nothing in this section shall be construed to make contributions due and payable on any part of such reported wages which have not actually been paid, but wages so reported shall be deemed to be wages paid for unemployment benefit purposes.   [PL 1979, c. 651, §33 (AMD).]
SECTION HISTORY
PL 1979, c. 515, §17A (AMD). PL 1979, c. 579, §32 (AMD). PL 1979, c. 651, §§33,47 (AMD).