Resolve, Regarding Legislative Review of Portions of C{a~ter 17: Rules Regarding Proof of Ownership by Employers Employing Foreign Laborers To Operate Logging Equipment, a Major Substantive Rule of the Department of Labor
Maine Legislature, Session 122, LD 2109
Committee Amendment CA_A_H1040 (House)

COMMITTEE AMENDMENT "11,, to H.P. 1501, L.D. 2109, "Resolve, Regarding 
Legislative Review of Portions of C{a~ter 17: Rules Regarding Proof of Ownership by 
Employers Employing Foreign Laborers To Operate Logging Equipment, a Major 
Substantive Rule of the Department of Labor" 
Amend the resolve in section 1 in the last line (page 1, line 18 in L.D.) by striking out 
the following: "authorized." and inserting in its place the following: 'authorized only if:' 
Further amend the resolve by inserting after section 1 the following: 
'1. 
In section I(G) it is clarified that "logging equipment" means harvesting 
equipment used directly in the cutting and transporting to roadside of logs and the 
production of wood chips in the field and that equipment used for construction of logging 
roads or for transporting logs or other wood products off-site or on roadways or in 
ancillary activities such as recordkeeping and equipment repair is not "logging 
equipment" as used in the rule; 
2. 
In section ill(C) it is clarified that the form requires that the employer or a 
representative of the employer certify that any information provided on the form and any 
additional documents provided are true and accurate; that failure to provide full and 
accurate disclosure constitutes a civil violation pursuant to the Maine Revised Statutes, 
Title 26, section 872; and that a false statement may also be subject to criminal 
prosecution under applicable statutes, including but not limited to Title 17-A, section 453, 
which governs unsworn falsification; 
3. In section IV(B) it is clarified that if, at the time the notice outlined in section ill is 
filed, the employer has not paid the tax for the current tax year because the tax has not 
been assessed or is not yet due, the employer shall provide documentation that 
demonstrates that the employer has paid the tax in the past and will pay any taxes due on 
the subject equipment; that this documentation may include proof of taxes paid in a prior 
period, reports filed with the taxing authority and assessments received for the current 
period; and that the employer shall provide proof of payment of the taxes when the taxes 
are paid; 
4. Section IV(B)(1) is deleted from the rule; and 
COMMITTEE AMENDMENT 
~"O. 
~. 
COMMITTEE AMENDMENT~" to H.P. 1501, L.D. 2109 
5. Any technical changes to the rule necessary to accomplish the changes described 
in this resolve are made. 
The Department of Labor is not required to hold hearings or undertake further 
proceedings prior to final adoption of the rule in accordance with this section.' 
SUMMARY 
This amendment authorizes the Department of Labor to finally adopt portions of 
Chapter 17: Rules Regarding Proof of Ownership by Employers Employing Foreign 
Laborers to Operate Logging Equipment, a provisionally adopted major substantive rule 
that has been submitted to the Legislature for review pursuant to the Maine Revised 
Statutes, Title 5, chapter 375, as long as certain changes are made relating to the 
defmition of "logging equipment" and to statutory cross~references. The amendment 
requires changes to clarify that "logging equipment" means harvesting equipment 
employed in certain uses and that the only transport equipment that meets the definition 
of "logging equipment" is equipment that may be used on-site to transport logs to 
roadside. 
The amendment also requires changes to remove language describing 
violations and specifying fmes and classes of crimes and to replace it with statutory cross-
references to the relevant civil and criminal violation provisions. Finally, the amendment 
requires changes to correct a typographical omission by inserting the word "proof' in 
section N(B) of the rule and to remove section N(B)(I) from the rule. 
FISCAL NOTE REQUlRED 
(See Attached) 
COMMITTEE AMENDMENT 
Revised: 04121106 frae 
LD 2109 
LR 3277(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 17: Rules Regarding Proof of 
Ownership by Employers Employing Foreign Laborers To Operate Logging Equipment, a Major 
Substantive Rule of the Department of Labor 
Fiscal Note for Bill as Amended by Committee Amendment "R" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Clarifies a civil violation and Class D crime 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Bureau of Labor Standards within the Department of Labor associated with rulemaking can be 
absorbed within existing budgeted resources. 
LR3277(2) - Fiscal Note - Page 1 of 1