An Act To Protect Maine Workers (
Maine Legislature, Session 124, LD 1545
Committee: Labor
Sponsors: JACKSON, MARTIN, GERZOFSKY, PINGREE
Amends: 26 MRSA §871

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
Legislative Document 
No. 1545 
S.P.593 
In Senate, December 17, 2009 
An Act To Protect Maine Workers 
( 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
L) 
203. 
Received by the Secretary of the Senate on December 17, 2009. Referred to the Committee 
on Labor pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator JACKSON of Aroostook. 
Cosponsored by Representative MARTIN of Eagle Lake and 
9t8(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: GERZOFSKY of Cumberland, Representative: Speaker PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRS A §871, sub-§l-A is enacted to read: 
I-A. Violation. Upon conviction, an employer who violates subsection 1 may not 
employ aliens in this State for 5 years. 
Sec. 2. 26 MRSA §871, sub-§2, as enacted by PL 1977, c. 116, is amended to 
read: 
2. Penalty. Violation of subsection I shall be or I-A is a Class E crime. It is an 
affirmative defense to prosecution under subsection I that the employer, before 
employing or referring a person for employment, made a good faith inquiry as to whether 
that person was a United States citizen or an alien, and if the inquiry reasonably indicated 
that the person was an alien, the employer made a further good faith inquiry wht€fl that 
reasonably indicated that the alien was lawfully admitted to the United States for 
permanent residence or that the United States Immigration and Naturalization Service had 
authorized the alien to accept employment in the United States. 
A. 
A good faith inquiry under this subsection sflal.I. must be in writing. 
An 
employment application form wht€fl that requests citizenship data, or an alien 
registration number if the applicant is an alien, meets the requirement of a good faith 
inquiry in writing. 
B. A social security account number card shall not be deemed is not considered 
evidence of the United States Immigration and Naturalization Service's authorization 
for an alien to accept employment in the United States. 
Sec. 3. 26 MRS A §872, sub-§2-A is enacted to read: 
2-A. Violation. Upon conviction, an employer who violates subsection 2 may not 
employ bond workers in this State for 5 years. 
Sec. 4. 26 MRS A §872, sub-§5, as amended by PL 2009, c. 381, §2, is further 
amended to read: 
5. Penalty. An employer who violates this section subsection 2 or 2-A commits a 
civil violation for which a fine of not less than $3,000 and not more than $15,000 per 
violation may be adjudged. 
SUMMARY 
This bill prohibits an employer from employing foreign laborers for 5 years if the 
employer violates the required proof of equipment ownership or foreign labor 
certification laws. 
Page) - 124LR2087(01)-1 
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