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 Amendment CA_A_S527 (Senate)
Amends: 26 MRSA §931

COMMITTEE AMENDMENT "Pr " to S.P. 568, L.D. 1724, "An Act To Create a 
Logging Dispute Resolution Board and To Require Proof of Ownership Documents To Be 
Available within 14 Days of Request" 
Amend the bill by striking out all of section 1. 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 26 MRSA §931, first 1, as amended by PL 2021, c. 421, §1, is further 
amended to read: 
The State Board of Arbitration and Conciliation, in this subchapter called .'.,'.the .!.!board," 
consists of 3 members appointed by the Governor from time to time upon the expiration of 
the terms of the several members for terms of 3 years. One member must be an employer 
of labor or selected from an association representing employers of labor, and another must 
be an employee or selected from a bona fide trade or labor union. The 3rd member must 
represent the public interests of the State and serves as chair. Vacancies occurring during a 
term must be filled for the unexpired term. When meeting to deliberate or vote with respect 
to a matter before the board, members of the board are entitled to receive $150 a day per 
meeting for their services for the time actually employed in the discharge of their official 
duties. For all other purposes, members of the board are entitled to receive $300 a day for 
their services for the time actually employed in the discharge of their official duties. They 
are entitled to receive their traveling and all other necessary e~penses. The costs for 
services rendered and expenses incurred by the State Board of Arbitration and Conciliation 
and any state allocation program charges must be shared equally by the parties to the 
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proceedings and must be paid into a special fund administered by the Maine Labor 
Relations Board. Authorization for services rendered and expenditures incurred by the 
State Board of Arbitration and Conciliation is the responsibility of the Executive Director 
of the Maine Labor Relations Board. All costs must be paid from that special fund. The 
executive director may estimate costs upon receipt of a request for services and collect 
those costs prior to providing the services. The executive director shall bill or reimburse 
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the parties, as appropriate, for any difference between the estimated costs that were 
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collected and the actual costs of providing the services. Once one party has paid its share 
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of the estimated cost of providing the service, the matter is scheduled for hearing. A party 
who has not paid an invoice for the estimated or actual cost of providing services within 60 
days of the date the invoice was issued is, in the absence of good cause shown, liable for 
the amount of the invoice together with a penalty in the amount of 25% of the amount of 
the invoice. Any penalty amount collected pursuant to this section remains in the special 
fund administered by the Maine Labor Relations Board and that fund does not lapse. The 
executive director is authorized to collect any sums due and payable pursuant to this section 
through civil action. In such an action, the court shall allow litigation costs, including court 
costs and reasonable attorney's fees, to be deposited in the General Fund if the executive 
director is the prevailing party in the action. The executive director shall, annually, on or 
before July 1st, make a report of the activities of the State Board of Arbitration and 
Conciliation to the Governor. The board shall from time to time adopt rules of procedure 
as it determines necessary, including rules for the Logging Dispute Resolution Board 
pursuant to chapter 4 7. Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 26 MRSA c. 47 is enacted to read: 
CHAPTER47 
LOGGING DISPUTE RESOLUTION BOARD 
§3701. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Board. "Board" means the Logging Dispute Resolution Board established in 
section 3702. 
2. Forest land. "Forest land" means land used primarily for growth of trees to be 
harvested for commercial use. 
3. Forest landowner. "Forest landowner" means a person that owns or possesses 
economic control over more than 50,000 acres of forest land. 
4. Forest products harvester. "Forest products harvester" means an individual who 
qualifies as an independent contractor under section 1043, subsection 11, paragraph E and 
who is engaged in harvesting trees from forest land for a forest landowner. 
§3702. Establishment 
1. Establishment. The Logging Dispute Resolution Board is established, under the 
authority of the State Board of Arbitration and Conciliation established in chapter 9, 
subchapter 2-A, to conduct proceedings under this chapter. 
§3703. Members; terms; compensation; quorum 
1. Members. The board consists of the following 3 members: 
A. Two members appointed by the Governor, subject to review by the joint standing 
committee of the Legislature having jurisdiction over labor matters, as follows: 
(1) One member representing forest landowners; and 
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(2) One member with experience in dispute resolution and arbitration representing 
forest products harvesters from a list submitted by the Maine AFL-CIO or its 
successor organization; and 
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B. The chair of the State Board of Arbitration and Conciliation, who serves as an ex 
officio member and as chair of the board. 
2. Terms; alternates. Members of the board appointed under subsection 1, paragraph 
A serve terms of 2 years. The Governor shall appoint 2 alternate members to represent each 
interest set forth in subsection 1, paragraph A. Alternate members serve for the same terms, 
have the same responsibilities and duties and are entitled to the same privileges and 
emoluments as members. The alternate chairs of the State Board of Arbitration and 
Conciliation under section 931 shall serve as alternate chairs of the board. When for any 
reason a member of the board cannot participate in a particular proceeding, an alternate 
member having the same. qualifications shall act as a member of the board in that 
proceeding. The member described in subsection 1, paragraph B does not need to be the 
same individual in each proceeding. 
3. Compensation of members. Notwithstanding Title 5, section 12004-B, subsection 
1, the chair of the board is entitled to a rate of compensation of $3 00 per day for 
participating in board proceedings. The other members are entitled to a rate of 
compensation of $200 per day. All board members are entitled to travel and other expenses 
in the same manner as for State Board of Arbitration and Conciliation members under 
section 931. 
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 the powers of the board. 
§3704. Board duties 
The board may hear and decide disputes between a forest products harvester and forest 
landowner in accordance with this section related to wage violations, payout amounts, 
contract violations or disputes related to hiring. 
At a hearing, the board shall hear all interested persons who come before it and make 
an award, if appropriate, and written opinion, which is binding on the parties to the 
complaint. The chair of the board shall publish the board's written opinion and any award. 
§3705. Filing of complaint 
1. Who may file complaint. A forest products harvester or forest landowner may file 
a complaint with the board stating the facts of a dispute. The filing must contain any 
information as required by the board by rule. 
2. Limitation on time to file complaint. A forest products harvester or forest 
landowner may not file a complaint more than 2 years after an alleged dispute. 
§3706. Proceedings 
1. Cost. The costs of board members' per diem and necessary expenses, as well as 
related state allocation program charges, must be borne by the party against whom the 
board decides. The Executive Director of the Maine Labor Relations Board is authorized 
to collect any sums due and payable pursuant to this subsection through civil action. In 
such an action, the court shall allow litigation costs, including court costs and reasonable 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/J- "to S.P. 568, L.D .. 1724 ( $ SL I) 
attorney's fees, to be deposited in the General Fund if the executive director is the 
prevailing party in the action. 
2. Appeal. A decision of the board under this chapter constitutes a final agency action 
and is subject to judicial review pursuant to Title 5, chapter 375, subchapter 7. 
3. Enforcement. A party to a decision of the board under this chapter may bring a civil 
action in Superior Court to enforce a decision of the board. 
4. Applicability of State Board of Arbitration and Conciliation provisions. The 
following provisions apply to board proceedings under this chapter: 
A. To the extent not inconsistent with this chapter, section 931; and 
B. Sections 932 and 939. 
§3707. Rules 
The State Board of Arbitration and Conciliation in accordance with section 931 may 
adopt rules to implement this chapter. Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, clarifies the provisions 
pertaining to the Logging Dispute Resolution Board as follows. 
1. It specifies that the Logging Dispute Resolution Board is under the authority of the 
State Board of Arbitration and Conciliation. 
2. It specifies that the chair of the State Board of Arbitration and Conciliation serves 
as chair of the Logging Dispute Resolution Board. 
3. It specifies the terms and compensation for members of the Logging Dispute 
Resolution Board. 
4. It defines the terms "forest land," "forest landowner" and "forest products harvester." 
5. It provides that a forest products harvester or forest landowner may file a complaint, 
but not more than 2 years after an alleged dispute. 
6. It authorizes the State Board of Arbitration and Conciliation to make routine 
technical rules on matters relating to the Logging Dispute Resolution Board. 
7. It provides that a decision of the Logging Dispute Resolution Board is subject to 
judicial review. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/22 ;:ldac;. 
LD 1724 
LR 1225(02) 
An Act To Create a Logging Dispute Resolution Board and To Require Proof of Ownership 
Documents To Be Available within 14 Days of Request 
Fiscal Note for Bill as Amended by Committee Amendment '}J,"L S· 5 2.'7) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Other Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. The collection 
of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Maine Labor Relations Board, State Board of Arbitration and Conciliation to implement the 
requirements of this legislation can be absorbed within existing budgeted resources. Because the cost of any 
proceedings conducted by the Logging Dispute Resolution Board, established under the authority of the State Board 
of Arbitration and Conciliation, must be borne by the party against whom the board decides, there is no fiscal impact 
to the State. 
LR1225{02) - Fiscal Note - Page 1 of 1