An Act To Create a Logging Dispute Resolution Board and To Require Proof of Ownership Documents To Be Available within 14 Days of Request
Maine Legislature, Session 130, LD 1724
Committee: Labor and Housing
Sponsors: JACKSON, MARTIN, HICKMAN, MIRAMANT, CUDDY, GERE
Amends: 5 MRSA §12004-B, 26 MRSA §874-A, 26 MRSA §872

Legislative Document
No. 1724
S.P. 568
In Senate, May 19, 2021
An Act To Create a Logging Dispute Resolution Board and To 
Require Proof of Ownership Documents To Be Available within 14 
Days of Request
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative MARTIN of Sinclair and
Senators: HICKMAN of Kennebec, MIRAMANT of Knox, Representatives: CUDDY of 
Winterport, GERE of Kennebunkport, McCREA of Fort Fairfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-B, sub-§11 is enacted to read:
11.  
Logging Dispute Resolution Board
Not Authorized
MRSA §874-A
Sec. 2.  26 MRSA §872, sub-§2, as amended by PL 2011, c. 620, §1, is further 
amended to read:
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 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 14 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;
D.  The lessor is a leasing business as evidenced by a lease of logging equipment to at 
least 3 different, unrelated entities within each of the past 3 years; and
E.  The lessor provides proof of payment of personal property tax assessed on the leased 
equipment.
Sec. 3.  26 MRSA §872, sub-§2-A, as corrected by RR 2013, c. 1, §42, is amended 
to read:
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 30 14 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 Protection's entry form 
for that worker.  The employer shall certify to the Maine Department of Labor that the 
employer is not requiring the bond worker to engage in point-to-point hauling of forest 
products within the State or to otherwise violate federal cabotage laws.  If the notification 
is not provided within 30 14 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.
Sec. 4.  26 MRSA §874-A is enacted to read:
§874-A.  Logging Dispute Resolution Board
1.  Board established. The Logging Dispute Resolution Board, referred to in this 
section as "the board," is established in Title 5, section 12004-B, subsection 11 and 
pursuant to this section as an independent board within the Department of Labor. The 
purpose of the board is to hear disputes related to the logging industry, including disputes 
regarding pay violations, payout amounts, contract violations, hiring disputes and other 
topics as determined appropriate by the board.
2.  Members; appointment.  The board consists of 3 members appointed by the 
Governor, subject to confirmation by the Legislature. Members must include the following:
A.  One member representing the Maine Forest Products Council or its successor 
organization;
B.  One member representing the New England Loggers Cooperative or its successor 
organization; and
C.  One member of the State Board of Arbitration and Conciliation, as established by 
section 931.
3.  Terms.  Members of the board are appointed for terms of 3 years.  A member may 
not serve more than 2 consecutive terms, plus any initial term of less than 3 years.
4.  Quorum.  Two members of the board constitute a quorum.  A vacancy in the board 
does not impair the power of the remaining members to exercise all the powers of the board.
5.  Powers and duties.  The board has all powers as are necessary to carry out its 
functions.  The board may be represented by legal counsel. The board may delegate any 
duties as necessary.
6.  Costs.  Costs of arbitration are borne by the party against whom the board decides.
SUMMARY
This bill establishes the Logging Dispute Resolution Board to hear disputes related to 
the logging industry, including disputes regarding pay violations, payout amounts, contract 
violations, hiring disputes and other topics as deemed appropriate by the board. The bill 
also changes the time frame for a bond worker in a logging occupation to provide proof of 
the employer's ownership of any logging equipment used by that worker in the course of 
employment from 30 to 14 calendar days.  It requires employers to certify to the 
Department of Labor that the employer is not requiring a bond worker to engage in point-
to-point hauling of forest products within the State or to otherwise violate federal cabotage 
laws. It requires that costs of arbitration are borne by the party against whom the board 
decides.