An Act To Protect Forest Products, Loggers and Haulers
Maine Legislature, Session 121, LD 1964
Committee: Labor
Sponsors: SMITH, MARTIN, HATCH, HUTTON, JACKSON, PINEAU, BRYANT, EDMONDS, STANLEY
Amends: 26 MRSA §1352

Legislative Document 
No. 1964 
H.P.1471 
House of Representatives, April 28, 2004 
An Act To Protect Forest Products, Loggers and Haulers 
Reference to the Committee on Labor suggested and ordered printed. 
'!r/~ /h.1lldC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SMITH of Van Buren. (GOVERNOR'S BILL) 
Cosponsored by Senator MARTIN of Aroostook and 
Representatives: HATCH of Skowhegan, HUTTON of Bowdoinham, JACKSON of Fort Kent, 
PINEAU of Jay, Senators: BRYANT of Oxford, EDMONDS of Cumberland, HATCH of 
Somerset, STANLEY of Penobscot. 
Printed on re!,;)'cleu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA H351, as enacted by PL 2003, c. 670, §3, is 
amended to read: 
§1351. 
Legislative findings 
The Legislature finds that Maine's forest products industry 
is 
a 
vital 
component 
of 
Maine's 
economy 
and 
has 
a 
direct 
relationship to 
the 
economic 
health and welfare 
of workers, 
communities 
and businesses. 
Central to the viability of 
the 
forest products industry is a stable workforce of loggers and 
wood haulers available to harvest wood from Maine's forests and 
bring the wood 
to mills 
and other wood-using industry. 
The 
erosion of the logger and wood hauler infrastructure in any major 
region of the State can have a serious negative effect on wood 
products manufacturing throughout 
the State. 
The 
Legislature 
further finds that, based upon patterns and configurations of 
forest 
landownership, 
the 
harvesting 
and 
hauling 
of 
forest 
products are performed by numerous loggers and truckers who, in 
many cases, are not able individually to bargain effectively with 
forest landowners who 
possess overwhelming market power. 
The 
Legislature finds that such market power exists whenever -a-
Oll~ 
forest landowner owns, 
possesses or acquires economic control 
over more 
than 400,000 
acres 
in 
a 
labor market area, 
which 
acreage constitutes more than 30% of the total land area in that 
labor 
market 
area. 
Accordingly, 
the 
Legislature 
finds 
it 
necessary, in the absence of sufficiently vigorous competitive 
market 
forces, 
to 
displace 
competition 
as 
provided 
in 
this 
chapter. 
The inequity of power in determining compensation anel 
the lack of opportunity to 
join together in bargaining over 
compensation can result in unfair contract rates for the services 
of loggers and wood haulers. 
The Legislature finds evidence of 
unfairness in the fact that contract rates for harvesting and 
hauling services are considerably lower 
on 
the 
land of 
such 
owners. 
The Legislature finds that it is in the public interest 
to ensure a reasonable rate of compensation for harvesting and 
hauling services and therefore creates in this chapter a process 
whereby the State displaces existing market forces 
and, 
upon 
request, sets the rates of compensation for such services. 
Sec. 2. 26 MRSA §1352. sub-§5. 1fA. as enacted by PL 200J, c. 
670, §3, is amended to read: 
A. 
A person 
that 
owns 
directly 
or 
through affiliated 
persons, 
or 
possesses 
economic 
control 
over, 
more 
than 
400,000 
acres 
in 
a 
labor 
market 
area, 
which 
acreage 
constitutes more than 30 q" 
of the total land area in that 
labor market area; or 
Sec. 3. 26 MRSA §1352~ sub-§lO. as enacted by PL 2003, c. 670, 
§3, is amended to read: 
10. 
Person. 
"Person" includes 
partnerships, 
corporations,--- limited 
business organi~tions and associations. 
one or more 
liability 
individuals, 
corporations, 
SUMMARY 
This bill limits the applicability of the Maine 
Revised 
Statutes, Title 26, chapter 18 to labor market areas where one 
forest landowner owns or controls more than 400,000 acres, which 
acreage constitutes more than 30% of the total land area in that 
Ib 
labor 
market 
area. 
The 
bill 
also 
clarifies 
that 
the 
term 
"person" as defined in Title 26, chapter 18 is meant to include 
all forms of business organization.