Resolve, Regarding Legislative Review of Chapter 14: Rules Governing Alternative Methods of Payment of Overtime for Certain Drivers and Drivers Helpers, a Major Substantive Rule of the Department of Labor, Bureau of Labor Standards
Maine Legislature, Session 121, LD 1627
Committee Amendment CA_A_H555 (House)
Committee: Labor

COMMITTEE AMENDMENT "/J,, to H.P. 1206, L.D. 1627, "Resolve, 
Regarding Legislative 
Review of 
Chapter 
14: 
Rules 
Governing 
Alternative Methods of Payment of Overtime for Certain Drivers 
and Drivers Helpers, a Major Substantive Rule of the Department 
of Labor, Bureau of Labor Standards" 
Amend the resolve in section 1 in the last line (page 1, 
line 28 in L.D.) by striking out the following: 
"authorized." 
and inserting in its place the following: 
'not authorized; and 
be it further' 
Further amend the resolve by insert.ing after section 1 the 
following: 
'Sec. 2. Department to request legal opinion. Resolved: 
That the 
Department of Labor shall request that the Attorney General 
provide a legal opinion by September 1, 2003 as to the ability of 
the Department of Labor to take into account hours worked outside 
the State when determining whether overtime pay is required for 
work within the State; and be it further 
Sec. 3. 
Report to labor committee. 
Resolved: 
That 
the 
Department of Labor shall meet with the Joint Standing Committee 
on Labor in September 2003, at the committee's request, to report 
on the Attorney General's opinion and the department's response 
to the opinion; and be it further 
Sec. 4. Resubmission of rules. Resolved: 
That the Department of 
Labor shall revise and resubmit the provisionally adopted rule 
described in section 1 to the Legislature in time for review 
during the Second Regular Session of the 121st Legislature, 
taking 
into 
account 
the 
Attorney 
General's 
op~n~on 
and 
recommendations of the Joint Standing Committee on Labor.' 
COMMITTEE AMENDMENT 
..... '. 
, COMMITTEE AMENDMElfl' "fr. to H.P. 1206. L.D. 1627 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee on Labor" 
It provides that the Department of Labor is 
not authorized to finally adopt rules relating to alternative 
methods of payment: for truck drivers and drivers helpers, as 
submitted to the Legislature. 
It requir~& the department to seek 
a legal opinion from the Attorney General, to be provided by 
September 1, 2003, and to report in September 2003 to the Joint 
Standing Committee 
on 
Labor 
regarding that oplnlon 
and 
the 
department's recommendations relating to the opinion. 
Finally, 
it requires 
the department to 
resubmit rules 
to the 
Second 
Regular Session of the 121st Legislature. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
. 
Approved: 06/06/03 ;l8ac:.. 
Office of Fiscal and Program Review 
LD 1627 
Resolve, Regarding Legislative Review of Chapter 14: Rules Governing 
Alternative Methods of Payment of Overtime for Certain Drivers and 
Drivers Helpers, a Major Substantive Rule of the Department of Labor, 
Bureau of Labor Standards 
LR 2167(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Labor 
'Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Department of Labor, Bureau of Labor Standards can be absorbed utilizing existing 
budgeted resources. 
LR2167(2) - Fiscal Note - Page 1 of 1