An Act To Require the Workers' Compensation Board To Adopt Rules To Require Electronic Filing
Maine Legislature, Session 121, LD 0339
Committee Amendment CA_A-SA_A_S243 (Senate)
Amends: 39-A MRSA §152, 39-A MRSA §154

SENATE 
AMENDMENT "4,, to COMMITTEE 
AMENDMENT 
"A" to H.P. 
268, L.D. 339, Bill, "An Act To Require the Workers' Compensation 
Board To Adopt Rules To Require Electronic Filing" 
Amend the amendment by striking out all of sections 1 and 2 
and inserting in their place the following: 
. Sec. 1. 39-A MRSA §152, sub-§2-A is enacted to read: 
2-A. 
Electronic filing rulemaking. 
The board shall adopt 
rules requiring the electronic filing of information required by 
this Act and by board rule. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
A. 
The rules must be developed through the consensus-based 
rule 
development process set forth in Title 5, 
section 
805l-B and must include as participants representatives of 
employers, insurers and 3rd-party administrators. 
B. 
The rules must include written standards and procedures 
for 
implementation of 
the 
standards, 
which 
may 
include 
definition 
of 
the 
applicable 
programming 
interface 
for 
in-state 
and 
out-of-state 
entities 
required 
to 
submit 
reports. 
The rules must relate specific forms required to 
be filed with data points in the standards. 
Before adopting the rules, the board shall test the applicable 
application programming interfaces and standards to ensure that 
the program operates successfully. 
Page l-LR0282(5) 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 339 
268, 
Sec. 2. 39-A MRSA §154, sub-§6, as amended by PL 2003, c. 93, 
§1, is further amended to read: 
6. 
Assessment levied. 
The assessments levied under this 
section may not be designed to produce more than 
$&r~~~,.Q.Q.O.-iB 
~eyeBQeS-aBBQa~~y-~~iRRiR~-i~~~~~-~~~-yea~r-m9Fe-ERaB 
$9r9~~TQQQ-~~~-Be~iBBiB~-~~-ERe-~~~-fiseal-~~-m9~e 
ERaB-~~~~~~~-iB-~~-~-~is9a*-~~~-~~-ERaR 
$+TQ6&TQQQ-i~~~-~~~-fiseal-~~-~-~~-ERaB $6,860,000 in 
revenyes annyally beginning in the 2002-03 fiscal year: except 
that, for fiscal years 2003-04 and 2004-05, the assessments may 
not 
prodyce 
more 
than 
$6,900,000 
in 
revenues 
annyally. 
Assessments collected that exceed 
$9TQQ~TQQ~-~~~-i~-ERe 
199&-99-~i~--y&a~r-$e7egg7ggg-~~~-iR-~£~-~~-fiseal 
yea~T-$e7~~i7ggg-~i££i£~-i~~~-~-~~&Ga~-yeaFr-$+TQ6&TQQQ 
iB--f-i-&<J..a-I--yeaF-~-9F $6,860,000 beginning in the 2002-03 
fiscal year by a margin of more than 10'\, must be refunded to 
those who paid the assessment: except that, for fiscal years 
2003-04 and 2004-05, assessments collected that exceed $6,900,000 
annually by a margin of more than 10'\, myst be refynded to those 
who paid the assessment. 
Any amount collected above the board's 
allocated budget and within the 10'\, margin must be used to create 
a reserve of up to 1/4 of the board's annual budget. 
The board, 
by a majority vote of its membership, may use its reserve to 
assist in funding its Personal Services account expenditures and 
All Other account expenditures and to help defray the costs 
incurred 
by 
the 
board 
pursuant 
to 
this 
Act 
including 
administrative expenses, consulting fees and all other reasonable 
costs incurred to administer this Act. 
The board shall notify 
the chairs and members of the joint standing committee of the 
Legislature having jurisdiction over labor matters whenever the 
board receives approval from the State Budget Officer and the 
Governor to use reserve funds to increase its allotment above the 
allocation authorized by the Legislature. 
Any collected amounts 
or savings above the allowed reserve must be used to reduce the 
assessment 
for 
the 
following fiscal year. 
The 
board shall 
determine the assessments prior to May 1st and shall assess each 
insurance company or association and self-insured employer its 
pro rata share for expenditures during the fiscal year beginning 
July 1st. 
Each self-insured employer shall pay the assessment on 
or before June 1st. 
Each insurance company or association shall 
pay the assessment in accordance with subsection 3.' 
Further amend the amendment in section 3 in the 4th and 5th 
lines (page 2, lines 23 and 24 in amendment) by striking out the 
following: 
"$73,000 in fiscal year 
2003-04 
and 
$196,000 in 
fiscal year 2004-05 and thereafter" and inserting in its place 
SENATE AMENDMENT 
SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 339 
268, 
the following: 
2004-05' 
'$40,000 for each of the fiscal years 2003-04 and 
Further amend the amendment in section 3 in the 8th line 
(page 2, line 27 in amendment) by inserting after the following: 
"Act" the following: 
'for fiscal years 2003-04 and 2004-05' 
Further amend the amendment by striking out all of section 4 
and inserting in its place the following: 
, Sec. 
4. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
The 
following 
WORKERS' C<»IPENSATION BOARD 
Administration -
Workers' Compensation Board 0183 
Initiative: 
Allocates funds for fiscal years 2003-04 and 2004-05 
for 
the board to contract with the Department of Labor 
for 
programming services to implement an electronic filing system. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
2003-04 
$40,000 
$40,000 
2004-05 
$40,000 
$40,000' 
SUMMARY 
This 
amendment 
specifies 
that 
the 
electronic 
filing 
rulemaking required by Committee Amendment "A" must be developed 
through the consensus-based rule development process and must 
include certain participants. 
The Workers' Compensation Board is 
required to test the electronic filing process to ensure that it 
functions correctly. 
This 
amendment also 
$40,000 for each of the 
increases the cap on assessments by 
fiscal years 2003-04 and 2004-05 and 
SENATE AMENDMENT 
SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
268, 
L.D. 339 
allocates the addi tional $40,000 for the implementation of the 
electronic filing system. 
SPONSORED BY: 
(Senator EDMO 
COUNTY: 
Cumberland 
FISCAL ~OTE ){EQrJRED 
(See attached) 
SENATE AMENDMENT 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Approved: 05128/03 ;:J!;?ae. 
Office of Fiscal and Program Review 
LD339 
An Act to Require the Workers' Compensation Board to Adopt Rules to 
Require Electronic Filing 
LR 0282(05) 
Fiscal Note for Senate Amendment 'A" to Committee Amendment ,if, 
Sponsor: Sen. Edmonds 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
($32,356) 
($32,356) 
2004-05 
($155,365) 
($155,365) 
Projections 
2005-06 
($194,517) 
($194,517) 
Projections 
2006-07 
($198,904) 
($198,904) 
This amendment decreases the Other Special Revenue Funds cost of the bill by $32,356 in fiscal year 2003-04 and 
$155,365 in fiscal year 2004-05. As amended, this bill includes an Other Special Revenue Fund allocation of $40,000 
in fiscal years 2003-04 and 2004-05 for the Workers' Compensation Board to contract with the Department of Labor 
for programming services to implement an electronic filing system. As amended, this bill also increases the 
assessment cap to $6,900,000 in fiscal years 2003-04 and 2004-05 only, and allows the board to use its reserve funds 
to defray the costs of this measure. 
LR0282(5) - Fiscal Note - Page 1 of 1