‘Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 17: Rules Regarding Proof of Ownership and Recruitment by Employers Employing Foreign Laborers to Operate Logging Equipment, a provisionally adopted major substantive rule of the Department of Labor that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the following changes are made:

1. The portion of the rule designated as Section VI(A) is 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 as Section III is 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 final adoption of the rule in accordance with this section.

Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.

LABOR, DEPARTMENT OF

Regulation and Enforcement 0159

Initiative: Provides funds for one Labor and Safety Inspector position and related All Other costs associated with increased enforcement responsibility.

GENERAL FUND	2013-14	2014-15
POSITIONS - LEGISLATIVE COUNT	1.000	1.000
Personal Services	$46,950	$65,595
All Other	$11,400	$14,700
GENERAL FUND TOTAL	$58,350	$80,295

’