CHAPTER 461

H.P. 525 - L.D. 730

An Act To Require Proof of Equipment Ownership for

Employers Using Foreign Laborers

Be it enacted by the People of the State of Maine as follows:

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

§872.__Proof of equipment ownership for employers using

foreign laborers

1.__Definition.__For the purposes of this section, "bond worker" means 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.

2.__Proof of ownership required.__An employer in this State who employs 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 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.

3.__Equipment covered by federal prevailing wage exempt.__This section does not apply to equipment for which the United States Department of Labor, Division of Foreign Labor