An Act To Ensure That Construction Workers Are Protected by Workers' Compensation Insurance
Maine Legislature, Session 124, LD 1456
Committee Amendment CA_A_H536 (House)
Amends: 26 MRSA §1302-A, 26 MRSA §1312

COMMITTEE AMENDMENT "A" to H.P. 1008, L.D. 1456, Bill, "An Act To 
Ensure That Construction Workers Are Protected by Workers' Compensation Insurance" 
Amend the bill by inserting after the enacting clause the following: 
'Sec. 1. 26 MRSA §1302-A is enacted to read: 
§J302-A. Insurance coverage posted on public construction projects 
1. List of contractOl·s. At the onset of work on any construction project undertaken 
by the State, the University of Maine System or the Maine Community College System, 
the general contractor or designated project construction manager, if any, shall provide to 
the contracting agency a list of all subcontractors and independent contractors on the job 
site and a record of the entity to whom that subcontractor or independent contractor is 
directly contracted and by whom that subcontractor or independent contractor is insured 
for workers' compensation purposes. The list must be posted on the contracting agency's 
publicly accessible website and updated as needed. 
2. 
Minimum standards. 
This section provides minimum disclosure standards 
regarding subcontractors and does not preclude the contracting agency from setting more 
rigorous standards for construction work under its jurisdiction. 
3. Noncompliance. If the general contractor or designated project construction 
manager has failed to provide the contracting agency with the. information required by 
subsection 1, that person is subject to forfeiture in accordance. with section 1312. 
Sec. 2. 26 MRSA §1312, sub-§l, as amended by PL 1999, c. 181, §3, is further 
amended to read: 
1. Violation by contractor or subcontractor. Except as provided in section 1308, 
subsection I-A, any contractor or subcontractor who willfully and knowingly violates 
section 1302-A or sections 1304 to 1313 is subject to a forfeiture of not less than $250.' 
Amend the bill in section 3 in § 1 05-A in subsection 2 by striking out all of paragraph 
B (page 5, lines 11 to 17 in L.D.) and inserting the following: 
Page I - 124LRI13I(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"/)" to 1-I.P. 1008, L.D. 1456 
'B. The person owns and operates an item of equipment weighing more than 7,000 
pounds and is hired by the hiring agent to operate the equipment on the construction 
site or to use the equipment to transport materials to or from the site. A person who 
leases such an item of equipment from a person in the leasing business, other than the 
hiring agent or an affiliate' of the hiring agent, is regarded as the owner for the 
purposes of this paragraph. A truck with a curb weight greater than 7,000 pounds 
qualifies as an item of equipment under this paragraph.' 
Amend the bill in section 3 in § I 05-A in subsection 4 in the 3rd line (page 5, line 23 
in L.D.) by striking out the following: 
"shall refer the insurer" and inserting the 
following: 'may, but is not required to, i'efer the insured employer' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. Report. By December IS, 2009, the Workers' Compensation Board and 
the Department of Labor shall report to the Joint Standing Committee on Labor any 
recommended changes to the provisions established by this Act and the resources 
required by the board and the department, if any, for implementation of this Act. After 
receipt and review of the report, the joint standing committee may report out a bill to the 
Amend the bill by relettering or renumbering any nonconsecutive Pmi letter or 
section number to read consecutively. 
SUMMARY 
This amendment requires a general contractor on a project undertaken with public 
funds to provide the public agency with a list of independent contractors and 
subcontractors on the job site and the names of their workers' compensation insurers. The 
list must be posted on the contracting agency's publicly accessible website and updated as 
needed. The amendment establishes penalties for noncompliance with this provision. 
The amendment provides an exception from the employee presumption for a person 
who owns or leases equipment and operates that equipment on a construction site. The 
amendment also requires a report from the Workers' Compensation Board and the 
Department of Labor, by December 15, 2009, to the Joint Standing Committee on Labor. 
Upon review of the report, the committee may report out a bill to the Second Regular 
Session of the 124th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 06/02/09 
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LD 1456 
LR 1131(02) 
An Act To Ensure That Construction Workers Are Protected by Workers' Compensation Insurance 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Potential current biennium cost increase - Other Special Revenue Funds 
.~or .. ectiollal and Judicial Impact Statements 
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Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Whether or not additional funding will be required by the Workers' Compensation Board or the Department of Labor 
to implement the requirements of this legislation will depend on the recommendations made by the Board and the 
DepaIiment to the Joint Standing Committee on Labor and the actions taken by the committee and the Legislature as a 
whole during the Second Regular Session of the 124th Legislature. Current funding estimates are that the Workers' 
Compensation Board may need allocations and the ability to raise its assessment cap to fund 6 positions and other 
expenses at approximately $400,000 annually. The Depaliment of Labor may require one additional employee and 
related expenditures funded through the General Fund at around $60,000 annually. 
LR 1131 (02) - Fiscal Note - Page 1 of 1