LD 1964
pg. 1
LD 1964 Title Page An Act To Protect Forest Products, Loggers and Haulers Page 2 of 2
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LR 2901
Item 1

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

 
Sec. 1. 26 MRSA §1351, as enacted by PL 2003, c. 670, §3, is
amended to read:

 
§1351. Legislative findings

 
The Legislature finds that Maine's forest products industry is
a vital component of Maine's economy and has a direct
relationship to the economic health and welfare of workers,
communities and businesses. Central to the viability of the
forest products industry is a stable workforce of loggers and
wood haulers available to harvest wood from Maine's forests and
bring the wood to mills and other wood-using industry. The
erosion of the logger and wood hauler infrastructure in any major
region of the State can have a serious negative effect on wood
products manufacturing throughout the State. The Legislature
further finds that, based upon patterns and configurations of
forest landownership, the harvesting and hauling of forest
products are performed by numerous loggers and truckers who, in
many cases, are not able individually to bargain effectively with
forest landowners who possess overwhelming market power. The
Legislature finds that such market power exists whenever a one
forest landowner owns, possesses or acquires economic control
over more than 400,000 acres in a labor market area, which
acreage constitutes more than 30% of the total land area in that
labor market area. Accordingly, the Legislature finds it
necessary, in the absence of sufficiently vigorous competitive
market forces, to displace competition as provided in this
chapter. The inequity of power in determining compensation and
the lack of opportunity to join together in bargaining over
compensation can result in unfair contract rates for the services
of loggers and wood haulers. The Legislature finds evidence of
unfairness in the fact that contract rates for harvesting and
hauling services are considerably lower on the land of such
owners. The Legislature finds that it is in the public interest
to ensure a reasonable rate of compensation for harvesting and
hauling services and therefore creates in this chapter a process
whereby the State displaces existing market forces and, upon
request, sets the rates of compensation for such services.

 
Sec. 2. 26 MRSA §1352, sub-§5, ķA, as enacted by PL 2003, c. 670, §3,
is amended to read:

 
A. A person that owns directly or through affiliated
persons, or possesses economic control over, more than
400,000 acres in a labor market area, which acreage
constitutes more than 30% of the total land area in that
labor market area; or


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