An Act To Protect Maine Workers
Maine Legislature, Session 124, LD 1545
Committee Amendment CA_A_S495 (Senate)
Amends: Title 26, Section 3306, 26 MRSA §871, 26 MRSA §872, 26 MRSA §1043, 36 MRSA §191

COMMITTEE AMENDMENT" A" to S.P. 593, L.D. 1545, Bill, "An Act To 
Protect Maine Workers" 
Amend the bill by striking out evelything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §871, sub-§l-A is enacted to read: 
I-A. Violation. Upon conviction of a violation of subsection I, an employer mav 
not employ aliens granted permission to work temporarily under 8 United States Code, 
Section 110 I Ca)C 15)CH)(ji)Ca) in this State for 2 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 whtefl 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 sflaU must be in writing. 
An 
employment application form wJtte.h 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Sec. 3. 26 MRSA §872, su b-§ 1, as amended by PL 2009, c, 20 I, § II, is repealed 
and the following enacted in its place: 
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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,If. "to S.P. 593, L.D. 1545 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Bond worker" means a person who has been described under 8 United States 
Code, Section 110I(a)(I 5)(H)(ii) and granted permission to work temporarily in the 
United States. 
B. 
"Logging equipment" means equipment used directly in. the cutting and 
transporting of logs to the roadside, the production of wood chips in the field, the 
construction of logging roads and the transporting of logs or other wood products off-
site or on roadways. 
Sec. 4. 26 MRSA §872, sub-§2, as amended by PL 2009, c. 381, §I, is further 
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amended to read: 
2. Proof of ownership required. An employer in this State who employs applies 
for 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 purchased 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, llpon request by the department, the 
operator of equipment subject to this section shall provide proof of Ownership. A lease is 
not sufficient to show ownership. 
Notwithstanding section 3, information regarding 
proof of ownership is not confidential and may be disclosed to the pUblic. 
Sec. 5. 26 MRSA §872, sub-§2-A is enacted to read: 
2-A. 
Notification. 
An employer filing for cel1ification from the United States 
Department of Labor to hire a bond worker to operate logging equipment shall at the time 
of filing notify the Maine Department of Labor and provide, for the year in which the 
bond worker is employed, the number of bond workers requested; a list of each piece of 
logging equipment, including serial number, a bond worker will operate; receipts for 
payment for the logging equipment purchased in bona fide transactions; and 
documentation of payment of any tax assessed on the logging equipment pursuant to Title 
36, chapter 105. 
Sec. 6. 26 MRSA §872, sub-§2-B is enacted to read: 
2-B. Violation. Upon conviction of a violation of subsection 2, an employer may 
not employ bond workers in this State for 2 years. 
Sec. 7. 26 MRSA §872, su b-§4, as enacted by PL 2005, c. 461, § I, is repealed 
and the following enacted in its place: 
4. Enforcement; rules. The Commissioner of Labor shall adopt rules to implement 
and enforce the provisions of this section, including rules regarding the receipt of 
documentation and the investigation and prosecution of employer proof of ownership of 
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COMMITTEE AMENDMENT" An to S.P. 593, L.D. 1545 
logging equipment. Rules adopted pursuant to this subsection are major substantive rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 8. 26 MRSA §872, sub-§S, as amended by PL 20.09, c. 381, §2, is repealed 
and the following enacted in its place: 
5. Penalty; enforcement. An employer who violates subsection 2, 2-A or 2-8 or the 
rules adopted pursuant to this section commits a civil violation for which a fine of not less 
than $10,000 and not more than $25,000 per violation may be adjudged. 
In the event of a violation of the provisions of this section, the Attorney General may 
institute injunction proceedings in the Superior Court to enjoin fUliher violation of this 
section. 
Sec. 9. 26 MRSA §872, sub-§6, as enacted by PL 2009, c. 381, §3, is amended to 
read: 
6. 
Assistance. 
The Department of Conservation and the Department of 
Administrative and Financial Services, Bureau of Revenue Services shall provide 
interagency support and field information to assist the Depaliment of Labor in enforcing 
this section. 
Sec. 10. 26 MRSA §1043, sub-§l1, ~IF, as amended by PL 2009, c. 211, Pt. B, 
§24, is further amended to read: 
F. The term "employment" does not include: 
(I) Service performed in the employ of this State, or of any political subdivision 
thereof, or of any instrumentality of this State or its political subdivisions, except 
as provided by this subsection; 
(2) Service performed in the employ of the United States Government or an 
instrumentality of the United States immune under the Constitution of the United 
States from the contributions imposed by this chapter, except that on and after 
January I, 1940 to the extent that the Congress of the United States has perm itted 
states to require any instrumentalities of the United States to make payments into 
an unemployment compensation fund under a state unemployment compensation 
or employment security law, all of the provisions of this chapter are applicable to 
such instrumentalities and to services performed for such instrumentalities in the 
same manner, to the same extent and on the same terms as to all other employers, 
employing units, individuals and services. If this State is not celiified for any 
year by the Secretary of Labor under section 3304 of the Federal Internal 
Revenue Code, the payments required of such instrumentalities with respect to 
that year must be refunded by the commissioner from the fund in the same 
manner and within the same period as is provided in section 1225, subsection 5, 
with respect to contributions elToneously collected; 
(3) Service with respect to which unemployment compensation is payable under 
an unemployment compensation system or employment security system 
established by an Act of Congress. The commissioner is authorized and directed 
to enter into agreements with the proper agencies under such an Act of Congress, 
which agreements become effective [0 days after publication thereof in the 
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COMMITTEE AMENDMENT" A" to S,P. 593, L.D. 1545 
manner provided in section 1082, subsection 2, for regulations, to provide 
reciprocal treatment to individuals who have, after acquiring potential rights to 
benefits under this chapter, acquired rights to unemployment compensation under 
such an Act of Congress, or who have, after acquiring potential rights to 
unemployment compensation under such an Act of Congress, acquired rights to 
benefits under this chapter; 
(4) Agricultural labor as defined in subsection 1, except as provided in paragraph 
A-2; 
(4-1) Agrioultural labor, if Services performed by an individual who is an alien; 
other than a oitizen of a oontiguous countl)' '''ith ,,,hioh the United States has an 
agreement with respeot to unemployment oompensation, admitted to the United 
States to perform agricultural labor pursuant to the United States Immigration 
and Nationality Act, Sections 214(c) and 101(a) (15) (I-J); 
(5) Domestic service in a private home, except as provided in paragraph A-3; 
(6) Service performed by an individual in the employ of that individual's son, 
daughter or spouse and service performed by a child under the age of 18 in the 
employ of that child's father or mother, except for periods of such service for 
which unemployment insurance contributions are paid; 
(6-1) Services performed by a student attending an elementary, secondary or 
postsecondary school while participating in a cooperative program of education 
and occupational training or on-the-job training that is part of the school 
curriculum; 
(9) Service performed with respect to which unemployment compensation is 
payable under the Railroad Unemployment Insurance Act (52 Stat. 1094); 
(10) 
Services perfol1Tled in the employ of any other state, or any pol itical 
subdivision thereof, or any instrumentality of anyone or more of the foregoing 
that is wholly owned by one or more states or political subdivisions and any 
services performed in the employ of any instrumentality of one or more other 
states or their political subdivisions to the extent that the instrumentality is, with 
respect to such a service, immune under the Constitution of the United States 
from the tax imposed by section 3301 of the Federal Internal Revenue Code, 
except as provided in paragraph A-I, subparagraph (I); 
(II) 
Service performed in any calendar' quarter in the employ of any 
organ ization exempt from income tax under section 50 I (a) of the Federal Internal 
Revenue Code other than an organization described in section 40 I (a) or under 
section 521 of the Code, if the remuneration for such service is less than $150; 
(16) Service performed in the employ of a foreign government, including service 
as a consular or other officer or employee or a nondiplomatic representative; 
(17) Service performed in the employ of an instrumentality wholly owned by a 
foreign government: 
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COMMITTEE AMENDMENT "4" to S,P. 593, L.D. 1545 
(a) 
If the service is of a character similar to that performed in foreign 
countries by employees of the United 
States Government or an 
instrumentality thereof; and 
(b) If the commissioner finds that the United States Secretary of State has 
certified to the United States Secretmy of the TreasLlIY that the foreign 
government, with respect to whose instrumentality exemption is claimed, 
grants an equivalent exemption with respect to similar service performed in 
the foreign country by employees of the United States Government and of 
instrumentalities thereof; 
(18) Service performed as a student nurse in the employ of a hospital or a nurses' 
training school by an individual who is enrolled and is regularly attending classes 
in a nurses' training school chmiered or approved pursuant to ,state law and 
service performed as an intern in the employ of a hospital by an individual who 
has completed a 4 years' course in a medical school chartered or approved 
pursuant to state law; 
(19) Service performed by an individual for a person as a real estate broker, a 
real estate sales representative, an insurance agent or an insurance solicitor, if all 
such service performed by that individual for that perspn is performed for 
remuneration solely by way of commission; 
(20) Service performed by an individual under the age of 18 in the delivery or 
distribution of newspapers or shopping news except delivery or distribution to 
any point for subsequent delivery or distribution; 
(21) Service performed in the employ of any organization that is excluded from 
the term "employment" as defined in the Federal Unemployment Tax Act solely 
by reason of section 3306(c)(7) 01'(8) if: 
(a) 
Service is perfonned in the employ of a church or convention or 
association of churches or an organization that is operated primarily for 
religious purposes and that is operated, supervised, controlled or principally 
supported by a church or convention or association of churches; 
(b) 
Service is performed by a duly ordained, commissioned or licensed 
min ister of a church in the exercise of that minister's ministry or by a member 
of a religious order in the exercise of duties required by that order; 
(c) Prior to January 1, 1978, service is performed in the employ of a school 
primarily operated as an elementary, secondary or preparatory school for 
higher education that is not an institution of higher education; 
(d) Service is performed in a facility conducted for the purpose of canying 
out a program of rehabilitation for individuals whose earning capacity is 
impaired by age or physical or mental deficiency or injury or providing 
remunerative work for ind ividuals who, because of their impaired physical or 
mental capacitY, cannot be readily absorbed in the competitive labor market 
by an individual receiving such rehabilitation or remunerative work; 
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COMMITTEE AMENDMENT"k' to S.p. 593, L.D. 1545 
(e) Service is performed as part of an unemployment work-relief or work-
training program assisted or financed in whole or in part by any federal 
agency or an agency of a state or political subdivision thereof by an 
individual receiving that work-relief or work-training; 
(f) Service is performed in the employ of a hospital as defined in subsection 
by a patient of that hospital; 
(g) Services are performed prior to January I, 1978 for a hospital in a state 
prison or other state correctional institution by an inmate of that prison or 
correctional institution and after December 31, 1977 by an inmate of a 
custodial or penal institution; 
(h) Service is performed in the employ of a school, college or university if 
that service is performed by a student who is enrolled and is regularly 
attending classes at such a school, college or university; or 
(i) Prior to January 1, 1978, service is performed in the employ of a school 
that is not an institution of higher education and after December 31, 1977, 
service is performed in the employ of a governmental entity referred to in 
paragraph A-I, subparagraph (1) if that service is performed by an individual 
in the exercise of duties: 
(i) As an elected official; 
(ii) As a member of a legislative body or a member of the judiciary of a 
state or political subdivision of a state; 
(iii) As a member of the State National Guard or Air National Guard; 
(iv) As an employee serving on a temporary basis in case of fire, storm, 
snow, earthquake, nood or similar emergency; 
(v) 
In a position that, under or pursuant to the laws of this State, is 
designated as a major nontenured policymaking or advisory position or a 
policymaking or advisory position the performance of the duties of which 
ordinarily does not require more than 8 hours per week; or 
(vi) 
As an election official or election worker if the amount of 
remuneration received by the individual during the calendar year for 
services as an election official or election worker is less than $1,000; 
(29) Services performed by a hairdresser who holds a booth license and operates 
within another hairdressing establishment if operated under a booth rental 
agreement or other rental agreement; 
(30) Services performed by a barber who holds a booth license and operates 
within another barbering establishment if operated under a booth rental 
agreement or other rental agreement; 
(31) Services performed by a contract interviewer engaged in marketing research 
or public opinion interviewing when such interviewing is conducted in the field 
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COMMITTEE AMENDMENT "it' to S.P. 593, L.D. 1545 
or over the telephone on premises not used or controlled by the person for whom 
such contract services are being provided; 
(32) After December 3 I, 1981, services performed by an individual on a boat 
engaged in catching fish or other forms of aquatic animal life, unless those 
services would be included in the definition of "employment" for federal 
unemployment tax purposes under the Federal Unemployment Act, United States 
Code, Title 26, Section 3306(c), as it may be amended. Also included in this 
exemption are services performed in harvesting shellfish for depuration from 
designated areas as authorized by Title 12, section 6856; 
(33) Services performed by a member or leader of a musical group, band or 
orchestra or an entertainer when the services are performed under terms of a 
contract entered into by the leader or an agent of the musical group, band, 
orchestra or entertainer with an employing unit for whom the services are being 
performed, provided the leader or agent is not an employer by reason of 
subsection 9 or of section 1222, subsection 3; 
(34) 
Services performed iil the delivery or distribution of newspapers or 
magazines to the ultimate consumer by an individual who is compensated by 
receiving or retaining a commission or profit on the sale of the newspaper or 
magazine; 
(35) Services performed by a homeworker in the knitted outerwear industry as 
those terms are defined, on the effective date of this subparagraph, in 29 Code of 
Federal Regulations, Part 530, Section 530.1; 
(36) Service performed by a full-time student, as defined in subsection 30; in the 
employ of a youth camp licensed under Title 22, section 2495 if the full-time 
student performed services in the employ of the camp for less than 13 calendar 
weeks in the calendar year and the camp: 
(a) Did not operate for more than 7 months in the calendar year and did not 
operate for more than 7 months in the preced ing calendar year; or 
(b) Had average gross receipts for any 6 months in the preceding calendar 
year that were not more than 33 1/3% of its average gross receipts for the 
other 6 months in the preceding calendar year; 
(37) Services performed by an individual as a home stitcher as long as that 
employment is not subject to federal unemployment tax; 
(38) Services performed by a person licensed as a guide as required by Title 12, 
section 
12853, as long as that employment is not subject to federal 
unemployment tax; 
(39) Services performed by a direct seller as defined in 26 United States Code, 
Section 3508, Subsection (b), Paragraph (2). This subparagraph does not include 
a person selling major improvements or renovations to the structure of a home, 
business or property; 
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(40) Services performed by lessees of taxicabs, as long as that employment is not 
subject to federal unemployment tax. This subparagraph may not be construed to 
affect a determination regarding a lessee's status as an independent contractor for 
workers' compensation purposes; 
(41) Services provided by a dance instructor to students of a dance stud io when 
there is a contract between the instructor and the studio under which the 
instructor's services are not offered exclusively to the studio, the studio does not 
control the scheduling of the days and times of classes other than beginning and 
end dates, the instructor is paid by the class and not on an hourly or salary basis, 
the corripensation rate is the result of negotiation between the instructor and the 
studio and the instructor is given the freedom to develop the curriculum; 
(42) Services performed by participants enrolled in programs or projects under 
the national service laws including the federal National and Community Service 
Act of 1990, as amended, 42 United States Code, Section 12501 et seq., and the 
federal Domestic Volunteer Service Act, as amended, 42 United States Code, 
Section 4950 et seq.; 
(43) Services of an author in furnishing text or other material to a publisher who: 
(a) Does not control the author's work except to propose topics or to edit 
material submitted; 
(b) Does not restrict the author from publishing elsewhere; 
(c) Furnishes neither a place of employment nor equipment for the author's 
use; 
(d) Does not direct or control the time devoted to the work; and 
(e) Pays only for material that is accepted for publication. 
This exception does not apply if the employment is subject to federal 
unemployment tax; and 
(44) Services provided by an owner-operator of a truck or truck tractor whi Ie it is 
leased to a motor carrier, as defined in 49 Code of Federal Regulations, 390.5 
(2000), as long as that employment is not subject to federal unemployment tax. 
Sec. 11. 36 MRSA §191, sub-§2, ~, as amended by PL 2007, c. 352, Pt. A, §4, 
is further amended to read: 
V. 
The disclosure by employees of the Bureau of Revenue Services, to designated 
representatives of the Department of Labor, of all information required by the State 
Tax Assessor and the Commissioner of Labor for the administration of the taxes 
imposed by Part 8 and by Title 26, chapter 13 and the Competitive Ski lis Scholarsh ip 
Fund contribution imposed by Title 26, section 1166 and of all information required 
by the Director of the Bureau of Labor Standards within the Department of Labor for 
the enforcement of Title 26, section 872;' 
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COMMITTEE AMENDMENT "k- to S.P. 593, L.D. 1545 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Labor. It: 
1. Prohibits an employer from employing foreign laborers for 2 years if the employer 
violates the required proof of logging equipment ownership .or foreign labor certification 
laws; 
2. Defines "logging equipment"; 
3. Eliminates the use of a lease as proof of ownership for logging equipment; 
4. Directs an employer to notify the Maine Department of Labor at the time of filing 
for certification from the United States Department of Labor to hire a bond worker. The 
employer shall provide for the year in which the bond worker is employed the number of 
bond workers requested, a list of each piece of equipment a bond worker will operate, 
receipts of payment for equipment purchased in bona fide transactions and documentation 
of payment of any tax assessed on the equipment; 
5. Directs the Commissioner of Labor to adopt rules to implement and enforce the 
provisions regarding proof of logging equipment ownership; 
6. Raises the fine from between $3,000 and $15,000 to $10,000 and $25,000 for a 
civil violation of the proof of ownership requirement; 
7. Clarifies that the Attorney General may institute injunction proceedings for 
violations of the laws pertaining to employment of aliens; 
8. Directs the Department of Administrative and Financial Services, Bureau of 
Revenue Services to provide interagency support and field information to assist the 
Department of Labor in enforcing proof of equipment ownership for employers using 
bond workers; and 
9. Eliminates the allowance in the unemployment law that permits alien agricultural 
laborers to collect unemployment. 
FISCAL NOTE REQUlRdJ 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/1 0 frac:. 
LD 1545 
LR 2087(02) 
An Act To Protect Maine Workers 
Fiscal Note fo~ Bill as Amended by Committee Amendment ,If, 
. 
Committee: Labor 
Fiscal Note Required: Yes 
. Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes and civil violations. 
The collection of additional fines may also increase General Fund revenue by' minor amounts. 
Fisc'al Detail and Notes 
Any additional administrative costs to Maine Revenue Services, as well as any additional costs to the Department of 
Labor associated with rulemaking, can be absorbed within existing budgeted resources. 
LR2087(02) - Fiscal Note - Page I of I 
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