Resolve, Regarding Legislative Review of Portions of Chapter 17: Rules Regarding Proof of Ownership and Recruitment by Employers Employing Foreign Laborers To Operate Logging Equipment, a Major Substantive Rule of the Department of Labor
Maine Legislature, Session 126, LD 1259
Committee Amendment CA_A_H257 (House)

COMMITTEE AMENDMENT "/+" to H.P. 893, L.D. 1259, "Resolve, Regarding 
Legislative Review of Portions of Chapter 17: Rules Regarding Proof of Ownership and 
Recruitment by Employers Employing Foreign Laborers To Operate Logging Equipment, 
a Major Substantive Rule of the Department of Labor" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 17: 
Rules Regarding Proof of Ownership and Recruitment by Employers Employing Foreign 
Laborers to Operate Logging Equipment, a provisionally adopted major substantive rule 
of the Department of Labor that has been submitted to the Legislature for review pursuant 
to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if 
the following changes are made: 
1. The portion of the rule designated as Section VI(A) is amended to clarify that each 
foreign laborer may use only one type of equipment for an employer; and 
2. The portion of the rule designated as Section III is amended to provide that a 
foreign laborer may not own any equipment used in the course of the employment, 
directly or indirectly, except as to equipment for which there is a prevailing rate 
established by the United States Department of Labor. The penalty for violation of this 
requirement must be a fine of not less than $5,000 and not more than $25,000 assessed 
against the employer of that foreign laborer and collected by the Commissioner of Labor. 
Additionally, the rule must state that, upon conviction of a violation of this requirement, 
the Commissioner of Labor may prohibit the employer from employing foreign laborers 
in the State for 2 years. 
The department is not required to hold hearings or undertake further proceedings 
prior to final adoption of the rule in accordance with this section. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
COMMITTEE AMENDMENT 
\\. 
~~. 
COMMITIEE AMENDMENT "A" to H.P. 893, L.D. 1259 
Regulation and Enforcement 0159 
Initiative: Provides funds for one Labor and Safety Inspector position and related All 
Other costs associated with increased enforcement responsibility. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2013-14 
2014-15 
1.000 
1.000 
$46,950 
$65,595 
$11,400 
$14,700 
$58,350 
$80,295 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development, makes the authorization of the 
proposed major substantive rule conditioned on changes made to the rule to clarify that a 
foreign laborer may use only one type of equipment for an employer, to provide that a 
foreign laborer may not own any equipment used in the course of the employment, 
directly or indirectly, except as to equipment for which there is a prevailing rate 
established by the United States Department of Labor, and to require that a penalty be 
assessed against the employer of that foreign laborer for a violation of this requirement, 
with a potential prohibition against the employer's employing foreign laborers for 2 years. 
These changes are intended to improve consistency with federal requirements and to 
address issues of fraud. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/07113 
:?d'ac.. 
LD 1259 
LR 2075(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 17: Rules Regarding Proof of 
Ownership and Recruitment by Employers Employing Foreign Laborers To Operate Logging 
Equipment, a Major Substantive Rule of the Department of Labor 
57\ 
Fiscal Note for Bill as Amended by Committee Amendment ,It, (H -;).. 
') 
Committee: Labor, Commerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - General Fund 
FY 2013-14 
FY 2014-15 
$58,350 
$80,295 
$58,350 
$80,295 
Projections 
FY 2015-16 
$81,607 
$81,607 
Projections 
FY 2016-17 
$82,945 
$82,945 
This bill includes General Fund appropriations of$58,350 in fiscal year 2013-14 and $80,295 in fiscal year 2014-15 to 
the Regulation and Enforcement program within the Department of Labor for one Labor and Safety Inspector position 
and related all other costs as a result of the increase in enforcement responsibility associated with this legislation. The 
Department of Labor has indicated that the Regulation and Enforcement program may need an additional second 
Labor and Safety Inspector position as a result of this legislation depending on actual experience. 
This legislation may result in increased General Fund revenue from fines. The amount will depend on the number and 
amount of fines assessed. 
LR2075(02) - Fiscal Note - Page 1 of 1