JOINT STUDY ORDER ESTABLISHING THE COMMITTEE TO STUDY THE BENEFITS AND COSTS FOR INCREASING ACCESS TO FAMILY AND MEDICAL LEAVE FOR MAINE FAMILIES
WHEREAS, employees in Maine experience family and medical challenges that impose stress on the employee and the employee's family; and
WHEREAS, stress on the employee and employee's family generates the potential for difficulties in the workplace, to the detriment of the employee and the employer; and
WHEREAS, family and medical leave programs have impacts on employers; and
WHEREAS, information is needed regarding the potential benefits and costs of providing paid medical leave; now, therefore, be it
ORDERED, the Senate concurring, that the Committee to Study the Benefits and Costs for Increasing Access to Family and Medical Leave for Maine Families is established as follows.
1. Committee established. The Committee to Study the Benefits and Costs for Increasing Access to Family and Medical Leave for Maine Families, referred to in this order as the "committee," is established.
2. Committee membership. The committee consists of 15 members:
A. Seven members appointed by the President of the Senate as follows:
(1) One Senator;
(2) One representative of employers in the health care industry;
(3) One representative of employers in the insurance industry;
(4) One representative of municipal employers; and
(5) Three members representing labor, women's groups and senior citizens;
B. Six members appointed by the Speaker of the House of Representatives as follows:
(1) One member of the House of Representatives;
(2) One representative from the low-income advocacy field;
(3) One representative of a child care organization;
(4) One parent or educator; and
(5) Two members of the business community, one representing a large business and one representing a small business; and
C. The President of the Maine State Chamber of Commerce or the president's designee.
The Commissioner of Labor or the commissioner's designee is requested to participate as a member of the committee.
The Senator and the member of the House of Representatives may not be members of the same political party.
3. Chairs. The Senate member is the Senate chair of the committee and the House of Representatives member is the House chair of the committee.
4. Appointments; meetings. All appointments must be made no later than 30 days following passage of this order. The appointing authorities shall notify the Executive Director of the Legislative Council once the appointments have been made. When the appointment of all members has been completed, the chairs of the committee shall call and convene the first meeting of the committee no later than August 15, 2001.
5. Duties. The committee shall study the benefits and costs of providing family and medical leave benefits.
A. In conducting the study, the committee shall examine:
(1) The expected number of employees who would use paid family and medical leave;
(2) The percentage of family and medical leaves of absence that employers currently fund in full or in part;
(3) The impact of implementing a state program of paid family and medical leave on these employer policies;
(4) The impact of providing paid family and medical leave on other state-funded programs, including temporary assistance for needy families, unemployment compensation and Medicaid payments to nursing homes;
(5) The public health costs of not providing paid family and medical leave, including the frequency and cost of deferring medical treatment and the impact on infant care;
(6) The impact on employers of providing paid family and medical leave, including the impact on overall employment, retention, recruitment and training costs and productivity; and
(7) The feasibility of providing paid family and medical leave through existing systems, such as unemployment compensation, or through alternative systems, such as a state temporary disability insurance program or a family and medical leave insurance fund.
B. In examining the issues set out in paragraph A, the committee may hold up to 4 meetings. At those meetings, the committee may:
(1) Hold informational sessions for discussions with knowledgeable persons;
(2) Conduct, summarize and analyze the results of a literature search;
(3) Procure and analyze relevant data;
(4) Conduct legal research and prepare opinions on legal questions within the scope of the study; and
(5) Determine and summarize the legislative actions or governmental programs undertaken in other jurisdictions related to issues within the scope of the study.
6. Staff assistance. Upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the committee.
7. Compensation. Members of the committee who are Legislators are entitled to the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for necessary expenses incurred for their attendance at authorized meetings of the committee. Other members of the committee are entitled to receive reimbursement of necessary expenses incurred for their attendance at authorized meetings of the committee only if sufficient outside funds are received for this purpose in accordance with section 9 of this order.
8. Report. The committee shall submit its report, together with any necessary implementing legislation, to the Second Regular Session of the 120th Legislature no later than December 5, 2001. If the committee requires a limited extension of time to conclude its work, it may apply to the Legislative Council, which may grant the extension.
9. Budget; grants. The chairs of the committee, with assistance from the committee staff, shall administer the committee's budget. Within 10 days after its first meeting, the committee shall present a work plan and proposed budget to the Legislative Council for approval. The committee may not incur expenses that would result in the committee's exceeding its approved budget. Upon request from the committee, the Executive Director of the Legislative Council shall promptly provide the committee chairs and staff with a status report on the committee's budget, expenditures incurred and paid and available funds. The chairs of the committee may seek and accept grants and other outside funding on behalf of the committee. Prompt notice of solicitation and acceptance of such funds must be sent to the Legislative Council. All funds accepted must be forwarded to the executive director, along with an accounting that includes amount, date received, from whom, purpose and limitation on use of the funds. The executive director administers any funds received.
Passed by the House of Representatives June 21, 2001 and the Senate June 21, 2001.
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