An Act To Improve Employment Opportunities for Workers in the Forest Industry
Maine Legislature, Session 125, LD 0314
Committee: Labor, Commerce, Research and Economic Development
Sponsors: JACKSON, MARTIN, DIAMOND, GERZOFSKY, PATRICK, AYOTTE, TUTTLE
Amends: 12 MRSA §8883-B, 36 MRSA §574-B, 36 MRSA §2729

Legislative Document 
No. 314 
S.P. 94 
In Senate, February 8, 2011 
An Act To Improve Employment Opportunities for Workers in the 
Forest Industry 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator JACKSON of Aroostook. 
Cosponsored by Representative MARTIN of Eagle Lake and 
Senators: DIAMOND of Cumberland, GERZOFSKY of Cumberland, PATRICK of Oxford, 
Representatives: AYOTTE of Caswell, TUTTLE of Sanford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §8883-B, sub-§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 known, any harvester or harvesters.  The notification must indicate if the 
landowner or a harvester employed by or under contract to the landowner uses 
bonded labor under the federal H2 bonded labor program under 20 Code of Federal 
Regulations, Section 655.200 et seq.  If at any time during the 2-year notification 
cycle 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 suspended in accordance with Title 
36, section 574-B, subsection 4; 
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; and 
Sec. 3.  36 MRSA §574-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. 
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 land.; 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 any part of the parcel of 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 notification 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 notification required under Title 12, section 8883-B, subsection 1 shall, 
after notification to the landowner by Maine Revenue Services, suspend the parcel from 
classification.  Land suspended under this subsection must be taxed at just value for the 
property tax year for which the classification is suspended. 
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 property tax year 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 notification 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 notification 
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 using 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 suspended from the Maine Tree Growth Tax Law for the 
year in which bonded labor is used and a penalty must be assessed under the commercial 
forestry excise tax to compensate the State for the General Fund contribution to the cost 
of forest fire protection activities.