An Act to Require the Workers' Compensation Board to Adopt Rules to Require Electronic Filing LR 0282(02)
Maine Legislature, Session 121, LD 0339
Committee Amendment CA_A_H191 (House)

COMMITTEE AMENDMENT ,,4· 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 bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
· Sec. I. 39-A MRSA §I52, sub-§2-A is enacted to read: 
2-A. 
Electronic filing rulemaking. 
The board shall adopt 
rules reguiring the electronic filing of information reguired by 
this Act and by board rule. 
Rules adopted pursuant to this 
subsection are major substantive rules, as defined in Title 5, 
chapter 375, subchapter 2-A, except that rules reguiring in-state 
carriers to electronically file first reports of injury that have 
caused an employee to lose a day' s work, as provided in section 
303, are routine technical rules. 
Sec. 2. 39-A MRSA §I54, sub-§6, as amended by PL 2001, c. 692, 
§l, is further amended to read: 
6. 
Assessment levied. 
The assessments levied under this 
section may not be designed to produce more than $9rQQQ~-iR 
FeveR~eS-aRRQaJJy-he~JRRJR~-J~~~~~-~~~-yearr-meFe-~haR 
$9r9ggTggg-~~~-ge§iRRiR§-~~-~he-~~~-Eisea±-~,--meFe 
~haR-~~~~~~~-iR-~~-~-~isea±-y~~-~~-~haR 
$1Tg~9Tggg-~~~~-~~~-{iseaJ-y~-~-~re-~haR $6,860,000 in 
revenues annually beginning in the 2002-03 fiscal year, more than 
$6,933,000 
in fiscal 
year 
2003-04 
or 
more 
than 
$7,056,000 
beginning in fiscal year 2004-05. 
Assessments collected that 
COMMITTEE AMENDMENT 
tt,i-
l\ .. 
COMMITTEE AMENDMENT .. 4 
.. to H.P. 268, L.D. 339 
exceed 
$9TQQQTQQQ--~~~--iR--~~--199§-99--~-~~--yearT 
$9T9QQTQQQ--Be~iRRiR~--iR--~Re--199+-98--€iseal--yearT --$9T+6§TQQQ 
Be~iRRiR~-~~~~-1999-QQ-~~~-~-r-$+TQ~§TQQQ-~~-~~~-year 
~QQI-Q~--er $6,860,000 beginning in the 
2002-03 
fiscal 
year~ 
$6,933,000 in fiscal year 2003-04 or $7,056,000 beginning in 
fiscal year 2004-05 by a margin of more than 10~ must be refunded 
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. 
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. 
Sec. 3. Legislative intent; interpretation. 
It is the intent of 
the Legislature that the cap on the assessment under the Maine 
Revised Statutes, Title 39-A, section 154 as amended in this Act 
is increased as provided in this Act by $73,000 in fiscal year 
2003-04 and $196,000 in fiscal year 2004-05 and thereafter. 
It 
is also the intent that any other increases in the cap in other 
legislation enacted during the First Regular Session of the 121st 
Legislature be in addition to the increase provided in this Act, 
except that there may be only one increase attributable to rules 
relating to electronic filing. 
Sec. 
4. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
1IORKERS' COMPERSATICIf BOARD 
Administration - Workers' Compensation Board 0183 
The 
following 
Initiative: 
Allocates funds for one Programmer Analyst position 
and for the set-up, consulting and training costs associated with 
implementing an electronic filing system. 
Other Special Revenue Funds 
positions - Legislative Count 
Personal Services 
All Other 
Other Special Revenue Funds Total 
2003-04 
(1. 000) 
$42,356 
$30,000 
$72,356 
2004-05 
(1.000) 
$60,365 
$135,000 
$195,365' 
COMMITTEE AMENDMENT 
,.. 
~"it'" 
""'., 
COMMITTEE AMENDMENT .. ~ 
.. to H.P. 268, L.D. 339 
SUMMARY 
This amendment replaces the bill and is the majority report 
of the Joint Standing Committee on Labor. 
It specifies that 
rules relating to electronic filing of information with the 
Workers' Compensation Board are major substantive rules, except 
for 
rules 
requ1r1ng 
electronic 
filing 
of first 
reports 
of 
injuries that have caused an employee to lose a day's work. 
Those rules are routine technical. 
It also increases the limit 
on the assessment used to fund the Workers' Compensation Board 
Administrative Fund to cover the cost of a staff person and 
setup, training and consulting costs. Finally, it provides that 
the increase in the assessment cap provided in this legislation 
should be added to any other increases in the assessment cap 
approved in this legislative session, except that there should 
only be one increase attributable to electronic filing. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04123/03 ~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(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Labor 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined current biennium cost increase - All Funds 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
2003-04 
$72,356 
$72,356 
2004-05 
$195,365 
$195,365 
Projections 
2005-06 
$194,517 
$194,517 
Projections 
2006-07 
$198,9 
$198,904 
This bill includes Other Special Revenue Funds allocations of $72,356 in fiscal year 2003-04 and $195,365 in fiscal 
year 2004-05 for one Programmer Analyst position and for the setup, consulting, and training costs associated with 
implementing an electronic filing system. This bill also increases the assessment cap to $6,933,000 in fiscal year 
2003-04 and $7,056,000 in fiscal year 2004-05 for the costs associated with implementing the electronic filing system. 
Increasing the workers' compensation assessment will increase the cost to all State government agencies for the 
workers' compensation portion of personal services expense. The amount cannot be determined at this time. 
LR0282(2) - Fiscal Note - Page 1 of 1