An Act To Improve the Process by Which Logging Contractors Hire Legal Foreign Workers
Maine Legislature, Session 125, LD 1383
Committee Amendment CA_A_S509 (Senate)
Amends: 26 MRSA §872, 26 MRSA §873, 26 MRSA §874

COMMITTEE AMENDMENT " A " to S.P. 428, L.D. 1383, Bill, "An Act To 
Improve the Process by Which Logging Contractors Hire Legal Foreign Workers" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Promote a Qualified Logging Workforce and Ensure an Adequate Wood 
Supply for Maine Mills' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §872, as amended by PL 2009, c. 637, §§3 to 9, is further 
amended to read: 
§872. Proof of equipment ownership for employers using foreign laborers 
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 1l01(a)(15)(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. 
2. Proof of ownership required. An employer in this State who 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 
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COMMITTEE AMENDMENT" A "to S.P. 428, L.D. 1383 
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 department or its designee, the operator 
of equipment subject to this section shall provide proof of ownership. 
If proof of 
ownership is not provided within 30 calendar days of such a request, a fine of not less 
than $5,000 and not more than $25,000 may be assessed against that employer and 
collected by the Commissioner of Labor. 
Notwithstanding section 3, information 
regarding proof of ownership is not confidential and may be disclosed to the public. If the 
equipment is leased by the employer, the employer shall provide the name, address and 
telephone number of the leasing company and its affiliates and subsidiaries; the names, 
addresses and telephone numbers of the leasing company's owner or owners, its agent and 
members of its board of directors; and a copy of the lease document. A lease is sufficient 
to meet the ownership requirement of this section only if it is a bona fide lease and: 
A. The lease consists of an arm's length transaction between unrelated entities or is a 
transfer of equipment between affiliated companies; 
B. The lease document contains a specific duration and lease amount; 
C. The lessor is not an entity owned or controlled by a bond worker or a bond 
worker's spouse, parent, child, sibling, aunt, uncle or cousin or person related to a 
bond worker in the same manner by marriage, or by any combination of a bond 
worker and the bond worker's family members described in this paragraph; aOO 
D. The lessor is a bORa fide leasing business as evidenced by a lease of logging 
equipment to at least 3 different, unrelated entities within each of the past 3 years7~ 
and 
E. The lessor provides proof of payment of personal property tax assessed on the 
leased equipment. 
2-A. 
Notification. An employer filing for certification 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. An employer shall notify the Maine Department of Labor within J. 30 
calendar days of the date on which a bond worker begins work in the State and shall 
specify the name of the bond worker and the anticipated locations where the bond worker 
will be conducting work and shall provide a copy of the United States Customs and 
Border Protections entry form for that worker. If the notification is not provided within 
calendar days of the date on which a bond worker begins work, a fine of not less than 
$5,000 and not more than $25,000 must be assessed against that employer and collected 
by the Commissioner of Labor. 
2-B. Violation. Upon an employer's conviction of a violation of subsection 2, aft 
el'Flf31oyer may ROt employ the Commissioner of Labor may prohibit the employer from 
employing bond workers in this State for 2 years. 
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COMMITTEE AMENDMENT" A" to S.P. 428, L.D. 1383 
3. Equipment covered by federal prevailing wage exempt. This section does not 
apply to equipment for which the United States Department of Labor, Division of Foreign 
Labor Certification has established a prevailing wage under the federal Service Contract 
Act of 1965 for persons using that equipment. 
4. Enforcement; rules. The Commissioner of Labor sflall. may 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 logging equipment. Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
S. Peaalty; eafanemeat. AR effi}3loyer ",.<flO T/iolates suaseetioR 2, 2 A or 2 B or tfle 
fl:iles adopted pllfsuaRt to this seetioR eommits a eiyil violatioR for yAlieh a fiRe of Rot less 
thaR $10,000 aRd Rot more tflaR $25,000 per violatioR may ae adjudged. 
In tfle eveRt of a violatioR of tfle provisioRs of tflis seetios, the Attorney GeReral may 
iRstitute isjHfletioR proeeediRgs ift tfle SHflerior GoHrt to enjoiR furtHer violatioR of tflis 
seetioR. 
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 Department of Labor in enforcing 
this section. 
Sec. 2. 26 MRSA §873, as corrected by RR 2009, c. 2, §§73 and 74, is amended to 
read: 
§873. Recruitment of qualified workers for logging occupations 
1. Detiaitioas. As used iH this seetioH, Hftless the eORteJ(t otherwise iRdieates, the 
followiftg terms have the follmviHg meaRiRgs. 
A. "BoRd '.vorker" has tfle same meaRiRg as iH seetioR 872. 
B. 
"Reefl:iitmeRt eleariftgflouse" or "eleariRgflouse" meaRS a system operated ay 
memaers of the forest proooets iHOOStry aRd deseriaed iR suaSeetioR 3. 
2. Employer requiremeats; eieaFiagilouse aad reportiag. AR effi}3loyer filiRg for 
eertifieatioR with the URited States DepartmeRt of LaBor to hire a aORd worker iR a 
logging oeeupatioR shaH: 
A. File a eopy of aU federal forms aRd reports relating to H2 ·,risas with the Maifte 
Departmeftt of LaBor at tfle same time as the effi}3loyer files tfle form or report witfl 
tfle United States DepartmeRt of Laaor; aRd 
B. Be a memaer aRd aeti't'e partieipaat of a reeruitment eleariRghouse that eomplies 
with suaSeetiOR 3. 
The MaiRe Departmest of LaBor may eORsider failure to 
partieipate is the eleariRgflOUSe as failure to partieipate iR good faitfl reeruitmeRt of 
workers who are eitizeRs of the Uaited States aRd a failure to meet the reEIuiremeHt 
that the employer aeeept EIualified "'torkers referred through the departmeRt uRder 
suaseetioR 5. 
J. Cleariagilouse requiremeats. The MaiRe DepartmeRt of Laaor shall assist 
memaers of the forest proooets iftoostry iR estaBlishiRg the reeruitmeHt eleariRgflouse, 
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COMMITTEE AMENDMENT" A .. to S.P. 428, L.D. 1383 
v/hich ffiliSt be fiaaaced and eperated by members ef the ferest pre ducts iadustry. The 
oleariagheuse ffiliSt pre'lide a ceatrali",ed, streamliaed preoess fer applioaats ia the ferest 
preduots iadustry. 
A. The cleariagheuse must pre'lide a staffed, tell free telepheae HUmber te receive 
telepheae iRquiries fer leggiag empley-meat. 
8. Fer eaoh applioaat vAle ceataots the cleariagheuse direotly er vAle is referred te 
the oleariagheuse by the Maiae DepartmeRt ef Laber pursuaat te subseotiea 4, ·the 
oleariagheuse shall gather aay iafermatiea aeoessary te assess the jeb applicaat's 
qualificatieas fer the jeb olassificatiea applied fer, iaoludiag but Bet limited te 
ceRduotiag a refereRoe oheok. Fellewiag the assessmeat, the oleariagheuse shall: 
(1) Netify the Maiae Departmeat ef Laber aad the applioaRt that the applioaat 
laoks suffioieat qualifioatieas er satisfaotery refereaoes for the pesitiea seught 
and state the reaseRS for that determiaatieR; er 
(2) 
Refer the applioant to a leggiRg empleyer seekiag werkers ia that jeb 
olassificatieR. 
Te the exteat practicable, the cleariagheuse shall refer the 
applicant te the applicant's preferred geegraphie area ef empleymeRt. Referral 
may be made te any empleyer with relevant jeb epeRiags, regardless ef whether 
the empleyer is seekiRg beRd werlcers, if the applicant prefers such a referral. 
4. DepaFtmeat Fule. The Maiae Departmeat ef Laber shall: 
A. 
Refer te the recrnitmeRt cleariRglieuse all applicaats 'Nhe meet miRimum 
qualificatieRs fer empleymeat with a leggiRg empleyer. The referral ffiliSt iaclude 
iafermatieR required ef applicaats vme use the departmeat's career ceRter serviees; 
8. Keep a recerd ef the RarBe, date ef referral, preferred vterkiag lecatiea and jeb 
elassifieatiea ef eaeh applieant referred te the recruitmeat eleariagheuse; 
C. BRgage aetively with the reeruitmeat eleariRgheuse and vlith empleyers te assist 
them in uRderstanding hevt te eemply with their ebligatieas URder state aad federal 
la-w regardiRg reeruitmeat and hiriag ef leggiag werkers; and 
D. Regularly revie" ...... cleariagheuse referrals aBd assessmeats and employer respoase 
te referrals iR erder te make detemHRatieas ef eemplianee by empleyers with the 
requiremeRts ef 2Q Cede ef Federal R~gulatieRs, Part 655, Subpart 8. Failure ef the 
eleariRglieuse te apprepriately refer aRd assess applieaRts may be eensidered failure 
ef eaeh ef the member empleyers te adequately reeruit werkers whe are eiti",eas ef 
the VRited States. 
4-A. Department role. The Maine Department of Labor shall: 
A. In addition to enforcing federal requirements imposed by 20 Code of Federal 
Regulations, Part 655, Subpart B, through the Bureau of Employment Services assist 
members of the forest products industry to ensure logging employment opportunities 
for Maine workers, match qualified applicants with logging employers and provide 
such other assistance to logging employers as may be appropriate; 
B. With input from representatives of the forest industry, provide educational and 
training opportunities in order for workers who express an interest in the logging 
industry to obtain necessary skills; and 
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COMMITTEE AMENDMENT" A" to S.P. 428, L.D. 1383 
C. In conjunction with the Department of Education and representatives of the forest 
and logging industries, develop an entry-level logger training program with the goal 
of providing new qualified workers to the logging industry. The training program 
must include classroom and on-the-job training and must be provided through 
existing community colleges, technical schools or the University of Maine System 
whenever practicable. 
5. Job offer; skills test. Upon referral of an applicant unaer subsection 3 by the 
Maine Department of Labor, Bureau of Employment Services, a logging employer shall 
may offer employment to that applicant based on the following factors. 
A. An employment offer may be conditioned on a skills test, but only if the employer 
requires the skills test of all new applicants in that job classification. 
B. If a skills test under paragraph A is required, it must be conducted at the area of 
intended employment, at a central location designated by the recnritment 
clearinghouse in cORjl:tRction with the logging employer, the employer's place of 
employment or at another location within reasonable distance from the applicant's 
residence. 
c. ,t'. contractor that requires a skills test l:tRaer paragraph A in the preemployment 
hiring process shall submit a copy of the testiRg poliey ana proeedtlre to the Maine 
Department of Labor at the time the eontraetor files the position on the state Job 
BaR*.-
D. An applicant who is rejected from employment due to failing a skills test under 
paragraph A must be given a written statement of the reason for failure of the skills 
test. The employer shall provide a copy of the written statement to the reeruitment 
elearinghouse ana the Maine Department of Labor. 
6. Contracts with landowners. A contract for harvesting wood between a logging 
employer and a landowner must contain a provision that allows the landowner to 
terminate the contract if the logging employer violates this section or the applicable 
federal regulations regarding employment of bond workers. 
7. PeRalties. The Maine Department of Labor shall make gooa faith efforts to 
resolve aUegea violations of this seetion or of the reeruitment proeess. If sueh efforts are 
not sueeessful, the following penalties apply. 
A. Violation of this section is considered a violation of section s12 and is subj ect to 
the penalties as set forth in seetion 812, subseetion 5. 
B. An employer is subjeet to diseontifl1:lation of serviees p1:lFsuant to 20 Goae of 
federal Regulations, Seetion 658.500 et seq. if the employer fails to comply with this 
seetion or the elearinghouse fails to appropriately refer or assess applieants in the job 
classifieation in which the employer is seeking bond workers. 
8. 
Landowner eORtraets with employers. 
This stlbseetion governs eontraets 
behveen logging employers ana lanaowners. 
A. The Maine Department of Labor shall maintain an approvea list of employers 
eonsisting of those employers filing for eertifieation with the Unitea States 
Department of Labor to hire a bona v/orker in a logging oeetlpation that are members 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 428, L.D. 1383 
of and aetive partieipants ift a reeruitmeftt eleariftghol:lse that eomplies vlith 
seeseetiofts 2 and 3. The list HUlst also eofttaift afty employer I:lftder ifl'festigatioft by 
the Maifte Departmeftt of Labor for a violatioft of seetioft 872, this seetioft or federal 
reglllatiofts applieable to foreiga labor. The departmeftt shall peelish the list Oft the 
departmeftt's peeliely aeeessible 'i'lebsite and forward a eopy of the list aftd 
seeseEJ:l:leftt 11pdates to the reeruitmeftt eleariftghol:lse. 
Baeh landowfter or other 
persoft that wishes to be ftotified of a ehange ift states of a oofttraotor mtlst file with 
the departmeftt a reEJ:l:lest to be ftotified and oofttaet iftformatioft for the ftotifioatioft. 
B. The Maift6 Departmeftt of Labor, after ftotioe and heariftg, shall remov'e from the 
list of appro'fced employers tlftder paragraph A afty employer filiftg for oertifieatioft 
with the Uftited States Departmeftt of Labor to hire a boftd vforker ift a loggiftg 
oe011patioft that is fol:lftd to have oommitted a material violatioft of seotioft 872, this 
seotioft or the applieable federal reglllatiofts. 
C. A persoft may appeal the plaeemeftt or removal of an employer Oft the approved 
list \iflder paragraph A to the State Board of Arbitratioft aftd Cofteiliatioft. If the 
appeal relates to removal of the employer from the list, it ffi\ist be made withift 15 
days of ftotiee of remo',cal to the employer. The board shall eOftERlOt an arbitratioft 
sessioft pmstlant to ohapter 9, stlbohapter 2 /'L • Board prooeediftgs \iflder this seetioft 
fflI:lst be eoftooeted ift :Atlgllsta, aftless the board determiftes that this loeation is 
impraetioable ift the speeifio eirel:lmstanees. Notwithstandiftg seotioft 931, the eosts 
of arbitratioft \iflder this seetioft ffi\ist be paid by a ftoftlapsiftg fimd to be established 
by the departmeftt. 
D. The Maifte Departmeftt of Labor shall ftotify persofts who have filed a reE):l:lest for 
ftotifieatioft of the removal of afty employer from the list. 
B. A landowfter who eftters iftto or maifttaifts a eofttraot with aft employer ftot Oft the 
approved list \iflder paragraph A is sabjeot to a fifte offtot more than $50,000. 
Sec. 3. 26 MRSA §874, as enacted by PL 2009, c. 637, § 11, is repealed. 
Sec. 4. Logging Industry Advisory Group. The Department of Labor shall 
convene and facilitate the Logging Industry Advisory Group to address recruitment, 
training and educational opportunities for the logging industry. The group shall address 
recruitment and the matching of qualified applicants, classroom training, on-the-job 
training, inventory of potential training partners, opportunities for potential training 
locations and funding sources. The group shall report its findings and recommendations 
to the department. The department shall report the group's findings to the Joint Standing 
Committee on Labor, Commerce, Research and Economic Development no later than 
October 1,2012. 
1. Membership. The Logging Industry Advisory Group consists of the following 
members: 
A. 
A representative of the Bureau of Labor Standards, appointed by the 
Commissioner of Labor. This member shall serve as chair; 
B. 
A representative of the Bureau of Employment Services, appointed by the 
Commissioner of Labor; 
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COMMITTEE AMENDMENT" A .. to S.P. 428, L.D. 1383 
C. 
A representative of the Department of Conservation, appointed by the 
Commissioner of Conservation; 
D. A representative of the Department of Education, appointed by the Commissioner 
of Education; 
E. A representative of the Maine Community College System, appointed by the 
President of the Maine Community College System; and 
F. A representative of the University of Maine System, appointed by the Chancellor 
of the University of Maine System. 
In addition, a representative of the Maine Logger Education Alliance, a representative 
of a large logging employer and a representative of a small logging employer serve at the 
invitation of the Governor. The president of the Professional Logging Contractors of 
Maine is invited to appoint a representative to serve on the group. 
Sec. 5. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 26, chapter 7, subchapter 9, in the subchapter headnote, the 
words "aliens" are amended to read "foreign laborers; logging" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes.' 
SUMMARY 
This amendment seeks to provide an adequate, affordable wood supply for Maine 
mills, ensure sufficient harvest capacity to meet mill and landowner needs and increase 
availability and employment of qualified workers through the creation of an economically 
viable, robust logging contractor workforce. It provides a framework to generate interest 
and educate people to facilitate entrance to the logging trade, ensures that proof of 
ownership or leasing of equipment and hiring notification occur in a reasonable time 
frame and simplifies the process for employers in the logging industry who may need to 
hire bonded workers while maintaining the Department of Labor's ability to effectively 
enforce these provisions. 
The amendment eliminates the recruitment clearinghouse 
requirements and, like the bill, eliminates the Foreign Labor Certification Process Fund, 
which funded the enforcement of those requirements. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/28112 frac 
LD 1383 
LR 1897(02) 
An Act To Improve the Process by Which Logging Contractors Hire Legal Foreign Workers 
Fiscal Note for Bill as Amended by Committee Amendment" A" 5 .. 5oct 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
General Fund revenue from the Judicial Department will be reduced as fines currently collected by the Judicial 
Department will be collected by the Department of Labor under this bill. 
Fiscal Detail and Notes 
This legislation will increase General Fund revenue from fines collected by the Department of Labor. The amount 
will depend on the number of fmes assessed but is not anticipated to be significant different. 
Additional costs to the Bureau of Labor Standards and the Bureau of Employment Services within the Department of 
Labor to implement the provisions of this legislation can be absorbed within existing budgeted resources. 
Additional costs to the Department of Conservation, the Department of Education, the Maine Community College 
System and the University of Maine System associated with serving on the Logging Industry Advisory Group can be 
absorbed within existing budgeted resources. 
LR1897(02) - Fiscal Note - Page 1 of 1