An Act To Ensure Compliance with Safety Regulations
Maine Legislature, Session 122, LD 1238
Committee Amendment CA_A_H443 (House)

COMMITTEE AMENDMENT "A" to H.P. 856, L.D. 
Act To Ensure Compliance with Safety Regulations" 
1238, Bill , 
"An 
Amend 
the bill 
in 
section 
in 
that 
part designated 
"§1696-lt." by striking out all of the headnote (page 2, line 10 
in L.D.) and inserting in its place the following: 
'§1696-lt. 
Covered facilities' 
Further amend the bill in section 1 in that part designated 
"§1696-lt." in subsection 1 
by striking out all of the first 
paragraph (page 2, lines 12 to 14 in L.D.) and inserting in its 
place the following: 
'1. 
Covered facility. 
An industrial or commercial facility 
is subject to this chapter if the facility has initiated or 
resumed operation and if:' 
Further amend the bill in section I in that part designated 
"§1696-lt." in subsection I 
in paragraph C in the 1st and 2nd 
lines (page 2, lines 21 and 22 in L.D.) by striking out the 
following: 
"who 
will 
be 
working 
during 
the 
initiation 
or 
resumption of operation" 
Further amend the bill in section I in that part designated 
"§1696-lt." in subsection 2 in paragraph A in the 9th and 10th 
lines (page 2, lines 44 and 45 in L.D.) by striking out the 
following: 
"section" and inserting in its place the following: 
'chapter' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 856, L.D. 1238 
Further amend the bill in section 1 in that part designated 
"§1696-K." in subsection 2 in paragraph A in the last 3 lines 
(page 2, ;Lines 47 to 49 in L.D) by striking out the following: 
"and, if the facility is currently in operation, 
order the 
immediate cessation of that operation" 
Further amend the bill in section 1 in that part designated 
"§1696-K." in subsection 2 by striking out all of paragraph B 
(page 3, lines 1 to 12 in L.D.) 
Further amend the bill in section 1 in that part designated 
"§1696-L." by striking out all of the first paragraph (page 3, 
lines 16 to 18 in L.D.) 
Further amend the bill in section 1 in that part designated 
"§1696-L." by striking out all of subsections 1 and 2 (page 3, 
lines 
to 
in L.D.) 
and inserting in their place the 
following: 
'1. 
Inspection 
schedule. 
Within 
days 
of 
its 
determination under section 1696-K that a facility is a covered 
facility, the Bureau of Labor Standards shall arrange a date and 
time for an inspection of the facility.' 
Further amend the bill in section 1 in that part designated 
"§1696-L." in subsection 3 by striking out all of paragraph A 
(page 3, lines 42 to 44 in L.D.) and relettering the paragraphs 
to read consecutively. 
Further amend the bill in section 1 in that part designated 
"§1696-L." in subsection 3 in paragraph E in the last line (page 
4, line 
in L.D.) by striking out the following: 
".4." 
and 
inserting in its place the following: 
'~' 
Further amend the bill in section 1 in that part designated 
"§1696-L p " in subsection 7 in the first paragraph in the 3rd line 
(page 5, line 12 in L.D.) by striking out the following: 
"Q" and 
inserting in its place the following: 
'.5.' and in the 3rd line 
from the end (page 5, line 14 in L.D.) by striking out the 
following: 
".4." and inserting in its place the following: 
'~' 
Further amend the bill in section 1 in that part designated 
"§1696-L." in subsection 7 in paragraph A in the 2nd line (page 
5, line 19 in L.D.) by striking out the following: 
"Q" 
and 
inserting in its place the following: 
'.5.' and in the last line 
(page 
5, 
line 
in L.D.) 
by striking out the 
following: 
"initiate or resume" and inserting in its place the fOllowing: 
'continue' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 856, L.D. 1238 
Further amend the bill in section 1 in that part designated 
"§1696-L." in subsection 7 in paragraph B in the 2nd line (page 
5, line 25 in L.D.) by striking out the following: 
"Q" 
and 
inserting in its place the following: 
' .2.' 
and in the 6th line 
(page 5, 
line 29 in L.D.) by inserting after the following: 
"deficiency." the following: 
'The facility shall immediately 
cease operations upon receiving notice from the Bureau of Labor 
Standards pursuant to this paragraph.' 
Further amend the bill in section 1 in that part designated 
"§1696-L." in subsection 7 in paragraph C in the 2nd line from 
the end (page 5, line 49 in L.D.) by striking out the following: 
"Q" and inserting in its place the following: 
'.2.' 
Further amend the bill in section 1 in that part designated 
"§1696-L." by striking out all of subsection 8 (page 6, lines 2 
to 7 in L.D.) 
Further amend the bill in section 1 in that part designated 
"§1696-L." 
by renumbering the subsections to read consecutively. 
Further amend the bill by inserting at the end before the 
summary the following: 
, Sec. 
2. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 
0159 
The 
following 
Initiative: 
Provides ongoing funds for one Occupational Health 
Specialist position and related All Other costs associated with 
conducting the required inspections. 
GEHEBAL FOlID 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2005-06 
1.000 
$47,162 
$4,300 
$51,462 
2006-07 
1.000 
$67,141 
$4,400 
$71,541 ' 
SUMMARY 
This 
amendment 
removes 
the prohibition on initiation or 
resumption of operation of a covered facility until inspection by 
the Department of Labor, Bureau of Labor Standards is complete. 
In place of that prohibition, 
the 
amendment requires that a 
covered facility cease operations if it has been found deficient 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 856, L.D. 1238 
through the bureau's inspection and allows the facility to resume 
operations only after the deficiencies have been corrected. 
This amendment also adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT· 
Approved: 05118/05 ~ae 
LD 1238 
LR0195(02) 
An Act To Ensure Compliance with Safety Regulations 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium cost increase - General Fund 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
2005-06 
$51,462 
$51,462 
2006-07 
$71,541 
$71,541 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Projections 
2007-08 
$76,268 
$76,268 
Projections 
2008-09 
$81,407 
$81,407 
Results in new lengthy and costly court cases requiring additional services of a Superior Court justice, law clerk, court 
clerk, court reporter, court security officer and possibly jurors. The Judicial Branch estimates these costs would be at 
least $5,000 per case. These additional costs are not expressed in the numbers above and could be substantial. 
Fiscal Detail and Notes 
This bill includes ongoing General Fund appropriations of$51,462 in fiscal year 2005-06 and $71,541 in fiscal year 
2006-07 for the Regulation and Enforcement program within the Department of Labor for one Occupational Health 
Specialist position and related all other costs associated with conducting the required inspections. The additional 
costs associated with providing assistance to inspect and enforce the provisions of this legislation can be absorbed by 
the Department of Environmental Protection, the Department of Defense, Veterans and Emergency Management and 
the Department of the Attorney General utilizing existing budgeted resources. 
LR0195(2) - Fiscal Note - Page 1 of 1