An Act To Improve Opportunity in the,Maine Woods
Maine Legislature, Session 124, LD 1492
Sponsors: JACKSON
Amends: 26 MRSA §872

Legislative Document 
No. 1492 
H.P. 1049 . 
House of Representatives, June 10, 2009 
An Act To Improve Opportunity in the,Maine Woods 
(EMERGENCY) 
Reference to the Co:mni.ittee on Labor suggested and ordered printed. 
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frl.l1!dC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by RepresentativeMARTiN of Eagle Lake. (GOVERNOR'S BILL) 
Cosponsored by Senator JACKSON of Aroostook. 
Printed on recycled papc~. 
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Emergency preamble. Whereas, acts and resolves of the Legislature do, not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, workers in the Maine woods and the wood i':ldustry in Maine face 
significant economic obstacles; and 
Whereas, a recent study by the Office of the Attorney General of logging industry 
conditions in northern and eastern Maine found '''clear evidence of market concentration" 
but was unable, due to lack of access to information, to determine whether market 
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concentration resulted in the paymerit of below-market rates for services; and' 
Whereas, the rate-setting law designed to counteract the effects of market 
concentration and provide increased opportunities fOT workers to make a living in the 
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Maine woods is currently having an adverse impact on those opportunities; and , 
Whereas, federal and state officials are beginning vigorous efforts to enforce federal 
' and state laws related to the use of foreign 'labor and foreign labor certification to ensure 
that Maine workers have a fair opportunity to fin. jobs in the Maine woods before foreign 
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labor is brought into the country; and 
Whereas, those efforts incIude in-person verification of equipment ownership by 
' employers of bond workers to' enforce the Maine Revised Statutes, Title 26, section 872; 
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and 
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Whereas, this legislation triples the fines applicable for violations of the Maine 
Revised Statutes, Title 26; section 872; and 
Whereas, the United States Department of Labor is undertaking a review of 
contractor, practices to investigate allegations that contractors are not following federal 
law in their efforts to obtain foreign labor to work in the Maine woods and may deny or 
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revoke authorization to use foreign labor to those contractors who are not in compliance 
with federal law; and 
Whereas, the Maine Department of Labor is requesting that the United, States 
Department of Labor establish rates to allow owners to obtain fair pay for equipment in 
the Maine woods; and 
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Whereas; the Governor is committed to keeping up pressure on the United States 
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Department of Labor as well as overseeing the efforts of the Maine Department of Labor 
, to implement thes~ enhanced enforcement efforts for the p~rpose of improving economic 
opportunity for workers in the Maine woods; and 
,Whereas, changes are needed immediately to improve economic opportunity in the 
current logging season; and 
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Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
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immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §872, sllIb-§2, as enacted by PL 2005, c. 461, § 1, is amended to 
read: 
2. Proof of ownership required. An employer in this State who employs a bond 
worker in a logging occupation shall provide proof of the employer's ownership of any 
logging equipment used by that worker in the course of employment, including proof of 
ownership of at least one piece of logging equipment for every 2 bond workers employed 
by the employer in a logging occupation. The employer shall provide proof of ownership 
as required by this subsection on a form provided by the Commissioner of Labor. The 
proof required by this subsection must include, but not be limited to, a receipt for 
payment for the equipment plirchased in a bona fide transaction and documentation of 
payment of any tax assessed on the equipment pursuant to Title 36, chapter 105 for the 
year in which the bond worker is employed by the employer. Proof of ownership must be 
carried in the equipment and, upon. request by the depaI1ment, the operator of equipment 
subject to this section shall provide proof of ownership. 
Sec~ 2. 26 MRSA §872, sub-§5, as enacted by PL 2005, c. 461, § 1, is amended to 
read: 
5. Violation. An employer who violates this section commits a civil violation for 
which a fine of not less than $-l-;()OO $3,000 arid not more than ~ 
$15,000 per 
violation may be adjudged. 
Sec. 3. 26 MRSA §872, sub-§6 is enacted to read: 
6.. Assistance. The DepaI1ment of Conservation shall provide interagency supp0l1 
and field information to assist the DepaI1ment of Labor in enforcing this section. 
Sec. 4. 26'MRSA §931-B, as enacted byPL 2003, C. 670, §2, is repealed. 
Sec. 5. 26 MRSA c. 18, as amended, is repealed. 
Sec. 6. 
Appropriations and allocations. 
The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Labor Relations Board 0160 
Initiative: Reduces funds for the per diem and related costs of the State Board of 
Arbitration and Conciliation due to the repeal of the rate determil~ation process for forest 
products hauling and harvesting services. 
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GENERAL FUND 
2009-10 
2010-11 
Allbther 
($3,300) 
($3,300) 
GENERAL FUND TOTAL 
($3,300) 
($3,300) 
OTHER SPECIAL REVENUE FUNDS 
2009-10 
2010-11 
Personal Services 
($12,500) 
($12,500) 
All Other 
($5,860) 
($5,860) 
OTHER SPECIAL REVENUE FUNDS TOTAL 
($18,360) 
($18,360) 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. . 
SUMMARY 
This bill triples the penalty for \ iolation of the law that requires foreign bond. workers 
in logging occupations to use equipment owned by their employer and requires that proof 
of ownership be carried in the equipment and be shown to enforcement officials. 
It 
requires the Department of Conservation to provide assistance to the Department of 
Labor in enforcing the law. It also repeals the law establishing a rate-setting process for 
the services of contractors who work for large landowners. 
FISCAL NOTE REQUIRED 
(See attached) 
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. Net Cost (Savings) 
General Fund 
Approved: 06/10/09 :)!;Pac.. 
LD l~qL 
LR2019(Ol) 
An Act To Improve Opportunity in the Maine Woods 
Fiscal Note for Original Bill 
Sponsor: Rep. Martin of Eagle Lake 
Committee: Not Referred 
. Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
($3,300) 
($3,300) . 
Projections 
2011-12 
($3,300) 
Projections 
2012-13 
($3,300) 
\'_jippropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
($3,300) 
($18,360) 
($3,300) 
($18,360) 
($3,300) 
($18,360) 
($3,300) 
($18,360) 
Correctional and Judicial Impact Statements 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
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This bill includes General Fund deappropriations of $3,300 per year beginning in fiscal year 2009-10 and Other 
Special Revenue Funds deallocations of $18,360 per year beginning in fiscal year 2009-10 in order to reduce funds for 
the per diem and related other costs of the State Board of Arbitration and Conciliation as a result of the rate 
determination process for forest products hauling and harvesting services being repealed. Additional costs to the 
Department of Conservation associated with providing support to enforce the provisions of the bill canbe absorbed 
within existing budgeted resources. 
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LR2019(01) - Fiscal Note - Page 1 of 1