An Act To Establish Fines for False Representation for the Purpose of Hiring Foreign Workers Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. I. 26 MRSA §872 is enacted to read: §872. False representation for pu~se of hiring foreign workers 1. False 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 worker who has been classified under United States Code, Section 1l01(a)(lS)(H)(ii)(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: Page l-LR0206(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1276
Committee Amendment CA_A_H263 (House)
Amends: 26 MRSA §872

COMMITTEE AMENDMENT "A" to H. P . 
, L . D • 1276 , 
Act 
To 
Prohibit the Use 
of Foreign Labor Unless 
Prevailing Wage Is Set" 
Bill, "An 
a 
Federal 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Establish Fines for False Representation for the 
Purpose of Hiring Foreign Workers' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 26 MRSA §872 is enacted to read: 
§872. 
False representation for pu~se of hiring foreign workers 
1. 
False 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 
worker 
who 
has 
been classified under 
United States 
Code, 
Section 1l01(a)(lS)(H)(ii)(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: 
Page l-LR0206(2) 
COMMITTEE AMENDMENT 
... ,-
COMMITTEE AMENDMENT 'A" to H.P. 873, L.D. 1276 
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 and subsequent violation occurring within 3 
years of 2 or more prior violations, a fine of not less than 
$10,000 nor more than $50,000. 
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 
Qr 
necessary for the proper administration and enforcement of this 
section. 
Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A •• 
SUMMARY 
This amendment replaces the bill and changes the title. 
The 
amendment 
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 wi thin 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 also grants 
enforcement authority to the Department of Labor, Bureau of Labor 
Standards and authority to adopt routine technical rules to carry 
out its purposes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/21105 ~aC!. 
LD 1276 
LR0206(02) 
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 ,A" 
Committee: Labor 
Fiscal Detail and Notes 
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(2) - Fiscal Note - Page I of 1