SP0488, LD 1381, item 1, An Act To Promote Rural Job Creation and Workforce Development

An Act To Promote Rural Job Creation and Workforce Development

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §1825-A, sub-§§2-A and 2-B are enacted to read:

2-A. Bidder providing in-state employment. "Bidder providing in-state employment" means a person or group of persons whose bid proposal ensures that at least 80% of the workers executing the proposal will be resident individuals, as that term is defined in Title 36, section 5102, subsection 5.

2-B. Bidder strengthening the local workforce. "Bidder strengthening the local workforce" means a person or group of persons whose bid proposal commits to coordination with workforce development programs in the region where the work will be performed, including but not limited to apprenticeship programs and programs that primarily serve low-income residents or people with disabilities, and commits to filling at least 20% of jobs created with individuals who have been unemployed for longer than 6 months, are clients of the Department of Labor's career center or have family income equal to or below 200% of the federal nonfarm income official poverty line.

Sec. 2. 5 MRSA §1825-B, sub-§9, as amended by PL 1997, c. 263, §2, is further amended to read:

9. Determination of best-value bidder. In determining the best-value bidder, the Director of the Bureau of General Services or any department or agency of the State shall, for the purpose of awarding a contract, add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides , unless that bidder is also a bidder providing in-state employment. In determining the best-value bidder, the director or any department or agency also shall subtract 10% from the bid of a bidder providing in-state employment and subtract 5% from the bid of a bidder strengthening the local workforce.

Sec. 3. 26 MRSA §1301, as amended by PL 1995, c. 524, §2, is repealed and the following enacted in its place:

§ 1301. Local residents preferred; coordination with workforce development programs; exception

The State, counties, cities and towns, and every charitable or educational institution that is supported in whole or in part by aid granted by the State or by any municipality shall, in the awarding of contracts for constructing, altering, repairing, furnishing or equipping its buildings or public works:

1. Preference to resident of State. Give preference to workers and bidders who are residents of this State, as long as the bids submitted by such resident bidders are equally favorable with bids submitted by contractors from outside the State;

2. Commit to coordination with workforce development programs. Require successful bidders on contracts over $100,000 to commit to coordination with workforce development programs in the region where the work will be performed, including but not limited to apprenticeship programs and programs that primarily serve low-income residents or people with disabilities; and

3. Fill 20% of jobs with certain individuals. Require successful bidders on contracts over $100,000 to make best efforts to fill at least 20% of jobs created with individuals who have been unemployed for longer than 6 months, are clients of the Department of Labor's career center or have family income equal to or below 200% of the federal nonfarm income official poverty line.

This section does not apply to construction or repairs amounting to less than $1,000, emergency work or state road work.

Any contract for public improvement that is awarded by the State or any department or agency of the State is subject to the competitive bidding process established under Title 5, chapter 155, subchapter 1-A.

Sec. 4. 26 MRSA §1303, as amended by PL 1997, c. 757, §1, is further amended to read:

§ 1303. Public works; minimum wage and benefits

In the employment of laborers in the construction of public works, including state highways, by the State or by persons contracting for the construction, preference must first be given to citizens of the State who reside in the county where the work is to be performed and who are qualified to perform the work to which the employment relates. If such laborers can not be obtained in sufficient numbers, preference is next given to citizens of the State who are qualified to perform the work to which the employment relates and, if they can not be obtained in sufficient numbers, then to citizens of the United States. Every contract for public works construction must contain a provision for employing citizens of this State or the United States. The hourly wage and benefit rate paid to laborers employed in the construction of public works, including state highways, may not be less than the fair minimum rate as determined in accordance with section 1308. Any contractor who knowingly and willfully violates this section is subject to a fine of not less than $250 per employee violation. Each day that any contractor employs a laborer at less than the wage and benefit minimum stipulated in this section constitutes a separate violation of this section.

SUMMARY

This bill gives a preference in state contracting to bidders who primarily employ residents of the State and to bidders who coordinate with regional workforce development programs and who fill at least 20% of positions on the project with low-income or long-term unemployed people. The bill requires that successful bidders on public building or public works contracts with the State, counties, cities and towns and every charitable or educational institution that is supported in whole or in part by aid granted by the State or by a municipality commit to coordinate with regional workforce development programs and make best efforts to hire low-income and long-term unemployed people. The bill also requires state public works programs to give hiring preference to residents of the county where the work is being performed.

SP0488 LD 1381	Session - 126th Maine Legislature		LR 1858 Item 1
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