An Act To Prohibit the Use of Foreign Labor Unless a Federal Prevailing Wage is Set
Maine Legislature, Session 122, LD 1276
Committee Amendment CA_C_H748 (House)
Amends: 26 MRSA §872-A

COMMITTEE AMENDMENT "f!-" to H.P. 873, L.D. 1276, 
To 
Prohibit the Use 
of Foreign Labor Unless 
Prevailing Wage Is Set" 
Bill, "An 
a 
Federal 
Amend the bill in section 1 by striking out all of the first 
line (page 1, line 3 in L.D.) and inserting in its place the 
following: 
'Sec. 1. 26 MRSA §872-A is enacted to read:' 
Further amend the bill in section 1 in the 2nd line (page 1, 
line 5 in L.D.) 
by striking out the following: 
"§872." and 
inserting in its place the following: 
'§872-A.' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec. 2. 26 MRS A §872-B is enacted to read: 
§872-B. 
Fa1se representation for puxpose of hiring foreign 
workers 
1. 
Fa1se representation prohibited. 
An employer may not 
make a statement or representation the employer knows is false to 
the 
United 
States 
Department 
of 
Labor; 
the 
United 
States 
Department of Homeland Security, United States Citizenship and 
Immigration Services: 
the Department of Labor; 
or any other 
governmental entity in an application for permission to hire a 
Page l-LR0206(6) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "t to H.P. 873, L.D. 1276 
worker 
who 
has been classified under 
United States Code, 
Section 1l0I(a) (IS) (H) Oil (b) and has been granted permission to 
work temporarily in the United States, or in any documentation or 
statement in support of or in conjunction with that application. 
2. 
Fines. 
An employer who violates subsection 1 is subject 
to a fine as follows: 
A. For a first violation, a fine of not less than $1,000 nor 
more than $5,000: 
B. For a 2nd violation occurring within 3 years of a prior 
violation, a fine of not less than $5,000 nor more than 
$20,000: and 
C. 
For a 3rd or subsequent violation occurring within 3 
years of 2 or more prior violations, a fine of not less than 
$lQ,QQQ nor more than $50,OOQ. 
3. 
EnforCement. 
This section is enforceable by the Bureau 
of Labor Standards. 
The director may 
adopt rules that are 
consistent with 
this 
section 
and 
considered 
appropriate 
or 
necessary for the proper administration and enforcement of this 
section. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. ' 
SUMMARY 
This amendment adds a provision that prohibits an employer 
from making a false representation to a government entity in an 
application to hire a foreign worker through a procedure commonly 
known as an "H-2B visa," or in any supporting documentation or 
statements. 
The amendment sets fines for violations as follows: 
$1,000 but not more than $5,000 for a first violation; $5,000 but 
not more than $20,000 for a 
2nd offense within 3 years: and 
$10,000 but not more 
than $50,000 
for 
a 
3rd or 
subsequent 
violation within 3 years of 2 or more prior violations. 
The 
amendment 
grants 
enforcement authority to 
the 
Department of 
Labor, Bureau of Labor Standards and authority to adopt routine 
technical rules to carry out its purposes. 
The amendment also 
makes 
technical 
changes 
to 
account 
for 
the 
Maine 
Revised 
Statutes, Title 26, section 872, which was enacted by Public Law 
2005, chapter 461. 
4.6 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01120/06 ~aC!. 
LD 1276 
LR 0206(06) 
An Act To Prohibit the Use of Foreign Labor Unless a Federal Prevailing Wage is Set 
Fiscal Note for Bill as Amended by Committee Amendment "t.: 
Fiscal Detail and Notes 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Additional costs to the Bureau of Labor Standards within the Department of Labor associated with rulemaking and 
conducting investigations upon complaint can be absorbed within existing budgeted resources. Additional revenue to 
the General Fund associated with fines assessed for violations can not be determined at this time but is not expected to 
be significant. 
LR0206(6) - Fiscal Note - Page 1 of 1