An Act To Improve Employment Opportunities for Maine Workers in the Forest Industry
Maine Legislature, Session 124, LD 1552
Sponsors: MARTIN, JACKSON
Amends: 36 MRSA §574-B, 36 MRSA §2729

Legislative Document 
No. 1552 
H.P. 1094 
House of Representatives, December 21,2009 
An Act To Improve Employment Opportunities for Maine Workers 
in the Forest Industry 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17, 2009. Refened to the Committee on 
Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative MARTIN of Eagle Lak,e. 
Cosponsored by Senator JACKSON of Aroostook. 
PI intcd on rccycl~J p .. p~r 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 12 MRS A §8883-B, suh-§2, ~A, as enacted by PL 2003, c. 452, Pt. F, 
§44 and affected by Pt. X, §2, is amended to read: 
A. 
The name, address and phone number of the landowner, any designated agent 
and, if knovrA, any harvester or harvesters. The notification must indicate if the 
harvester uses bonded labor under the federal H2 bonded labor program under 20 
Code of Federal Regulations, Section 655.200 et seq. If a landowner or a harvester 
employed by or under contract to the landowner uses bonded labor under the federal 
H2 bonded labor program or the landowner fails to provide the information required 
under this paragraph and the land being harvested is taxed under the Maine Tree 
Growth Tax Law, the director of the bureau shall notify the State Tax Assessor and 
the assessor of the jurisdiction in which the parcel is located that the land or a portion 
of the land no longer meets the requirements of Title 36, chapter 105, subchapter 2-A 
and must be withdrawn in accordance with Title 36, section 581; 
Sec. 2. 36 MRSA §574-B, sub-§2, as enacted by PL 1989, c. 555, §16, IS 
amended to read: 
2. Evidence of compliance with plan. The landowner must comply with the plan 
developed under subsection 1, and must submit, every 10 years to the municipal assessor 
in a municipality or the State Tax Assessor for parcels in the unorganized territory, a 
statement from a licensed professional forester that the landowner is managing the parcel 
according to schedules in the plan required under subsection 1; anti-
Sec. 3. 36 MRSA §S74-B, sub-§3, as repealed and replaced by PL 2001, c. 603, 
§4, is amended to read: 
3. Transfer of ownership. When land taxed under this subchapter is transferred to a 
new owner, within one year of the date of transfer, the new landowner must file with the 
municipal assessor or the State Tax Assessor for land in the unorganized territory one of 
the following: 
A. 
A sworn statement indicating that a new forest management and harvest plan has 
been prepared; or 
B. 
A statement from a licensed professional forester that the land is being managed 
in accordance with the plan prepared for the previous landowner. 
The new landowner may not harvest or authorize the harvest of forest products for 
commercial use until a statement described in paragraph A or B is filed with the assessor. 
A person owning timber rights on land taxed under this subchapter may not harvest or 
authorize the harvest of forest products for commercial use until a statement described in 
paragraph A or B is filed with the assessor. 
Parcels of land subject to section 573, subsection 3, paragraph B or C are exempt from 
the requirements under this section. 
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For the purposes of this subsection, "transferred to a new owner" means the transfer of 
the controlling interest in the fee ownership of the land or the controlling interest in the 
timber rights on the lando;; and 
Sec. 4. 36 MRSA §574-B, sub-§4 is enacted to read: 
4. Use of bonded labor. A parcel of land is not eligible for classification under this 
subchapter if the land is harvested using bonded labor under the federal H2 bonded labor 
program under 20 Code of Federal Regulations, Section 655.200 et seq. or the landowner 
has failed to file the report required under Title 12, section 8883-B, subsection 1. An 
assessor that receives notification from the Department of Conservation, Bureau of 
Forestry that a landowner reports the use of bonded labor or has failed to file the report 
required under Title 12, section 8883-B, subsection 1 shall withdraw the parcel from 
classification. Land withdrawn under this subsection is subject to the penalty provided in 
section 581. 
Sec. 5. 36 MRSA §2729 is enacted to read: 
§2729. Use of bonded labor 
A parcel of land subject to tax under this chapter may not benefit from the General 
Fund contribution to the support of forest fire protection activities if the land is harvested 
during the tax year using bonded labor under the federal H2 bonded labor program under 
Code of Federal Regulations, Section 655.200 et seq. or the landowner has failed to 
file the report required under Title 12, section 8883-B, subsection 1. Upon the receipt of 
notification from the Department of Conservation, Bureau of Forestry that a landowner 
reports the use of bonded labor or has failed to file the report required under Title 12, 
section 8883-B, subsection 1, the assessor shall assess an additional tax equal to 150% of 
the amount per acre computed under section 2723-A. 
SUMMARY 
This bill requires a landowner to notifY the Department of Conservation, Bureau of 
Forestry if forest land is harvested by a harvester who uses bonded labor under the federal 
H2 bonded labor program under 20 Code of Federal Regulations, Section 655.200 et seq. 
If a landowner or a harvester employed by or under contract to the landowner uses 
bonded labor under the federal H2 bonded labor program or the landowner fails to 
provide the required notification, the land must be withdrawn from the Maine Tree 
Growth Tax Law and a penalty assessed under the commercial forestry excise tax to 
compensate the State for the General Fund contribution to the cost of forest fire 
protection activities.