Sec. 1. 26 MRSA §872 is enacted to read:

§872.__Proof of equipment ownership for employers using

foreign laborers

1. Proof of ownership required.__An employer in this State who employs a person who has been described under 8 United States Code, Section 1101(a)(15)(H)(ii)(b) and granted permission to work temporarily in the United States shall provide proof of ownership of any equipment used by that person in the course of employment.__The employer shall provide proof as required by this subsection on a form provided by the Commissioner of Labor.

2. Rules.__The Commissioner of labor may adopt rules to implement this section.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

3. Violation.__An employer who violates this section commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 per violation may be adjudged.

SUMMARY

This bill requires an employer who hires a foreign worker working in the United States under what is commonly known as an "H-2B visa" to provide proof of ownership of any equipment used by that worker, on a form to be provided by the Commissioner of Labor. The bill sets fines for violations at no less than $1,000 and no more than $5,000 per violation.