Resolve, To Amend Rules Regarding Proof of Ownership of Logging Equipment and Recruitment by Employers Employing Foreign Laborers To Operate Logging Equipment

Preamble. Whereas,  the Department of Labor submitted a provisionally adopted major substantive rule to the 126th Legislature for review during the First Regular Session of the 126th Legislature pursuant to the Maine Revised Statutes, Title 5, section 8072; and

Whereas,  in accordance with Title 5, section 8072, the Joint Standing Committee on Labor, Commerce, Research and Development reviewed the provisionally adopted rule and the 126th Legislature finally passed a resolve authorizing final adoption of the provisionally adopted rule conditioned on certain changes being made to the rule; and

Whereas,  the resolve authorizing final adoption of the provisionally adopted rule did not become law; and

Whereas,  a provisionally adopted rule filed in accordance with Title 5, section 8072 may not be finally adopted by an agency unless legislation authorizing adoption of the rule is enacted into law; and

Whereas,  pursuant to Title 5, section 8072, subsection 11, nothing in Title 5, section 8072 requires the Legislature to use the legislative instrument produced pursuant to Title 5, section 8072 to approve of a rule; and

Whereas,  this resolve directs the Department of Labor to amend its rule in conformance with the rule as approved by the 126th Legislature; now, therefore, be it

Sec. 1. Rule adoption. Resolved: That the Department of Labor shall amend its rule regarding proof of ownership of logging equipment and recruitment by employers employing foreign laborers to operate logging equipment in conformance with the provisionally adopted major substantive rule submitted to the 126th Legislature for review, except that the rule must incorporate the following changes that were authorized by the 126th Legislature:

1. The portion of the rule designated in the provisionally adopted rule as Section VI(A) must be 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 in the provisionally adopted rule as Section III must be 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 adoption of the rule in accordance with this section.

The department shall implement the rule using existing resources; and be it further

Sec. 2. Expedited amendment process. Resolved: That, notwithstanding the Maine Revised Statutes, Title 5, chapter 375, subchapters 2 and 2-A, the Department of Labor shall amend its rule regarding proof of ownership of logging equipment and recruitment by employers employing foreign laborers to operate logging equipment as provided in this resolve and shall file the amended rule with the Secretary of State.

SUMMARY

This resolve directs the Department of Labor to amend its rule regarding proof of ownership of logging equipment and recruitment by employers employing foreign laborers to operate logging equipment in conformance with the provisionally adopted major substantive rule submitted to the 126th Legislature for review, except that the rule must incorporate the changes that were authorized by the 126th Legislature. The resolve provides that the department is not required to hold hearings prior to adoption of the rule and directs the department to implement the rule using existing resources.