An Act To Improve WorksiteAccountability for Public Construction Projects by Requiring Subcontractor Identification
Maine Legislature, Session 124, LD 1092
Committee: Labor
Sponsors: TUTTLE, JACKSON, BICKFORD, BLODGETT, BUTTERFIELD, DRISCOLL, GILBERT, GERZOFSKY
Amends: 26 MRSA §1302-A

MAINE STATE LEGISLATURE 
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124th MAINELEGISLATU 
Legislative Document 
No. 1092 
H.P.754 
House of Representatives, March 19,2009 
An Act To Improve WorksiteAccountability for Public 
Construction Projects by Requiring Subcontractor Identification 
Reference to the Committee on Labor suggested arid ordered printed. 
Presented by Representative TUTTLE of Sanford. 
Cosponsored by Senator JACKSON of Aroostook and 
'7Y/!v~ 1I1.11!1i£~{ 
MILLICENT M. MacFARLAND 
'Clerk 
Representatives: BICKFORD of Auburn, BLODGETT of Augusta, BUTTERFIELD of 
Bangor, DRISCOLL of Westbrook, GILBERT of Jay, Senator: GERZOFSKY of Cumberland. 
Primed on recycled paper 
. Be it enacted by the People of the State of Maine as. follows: 
Sec. 1. 26 MRSA §1302-A is enacted to read: 
§1302-A. Insurance coverage posted on public construction projects 
1. List of contractors. At the onset of work on any construction project undertaken 
with public funds, including but not limited to any project undertaken by the State, a 
county, a municipality, 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 
job site and updated as needed and also posted on the contracting agency's website and 
updated weekly. A subcontractor or independent contractor may not be present on a 
construction site unless the contractor's name and direct contracting.relationship is posted 
in a visible location at the site. 
2. 
Minimum standards. This section provides Illllllmum disclosure standards 
regarding subcontractors and does not preclude the contracting agency from setting more 
rigorous standards for construction work under its jurisdiction. 
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3. Noncompliance. If the Commissioner of Labor fmds that the general contractor 
or designated project construction manager is not in compliance with subsection 1, the 
commissioner may assess a civil penalty of up to $2,500. In addition, the general 
contractor or designated project construction manager must be assessed a civil penalty of 
$100 per day for each contractor or independent contractor not listed in accordance with 
subsection 1. The fines must. be assessed from the first day of the infraction. The 
commissioner shall employ as many individuals as necessary to carry out the 
department's responsibilities under this section. 
SUMMARY 
This bill requires a general contractor on a project undertaken with public funds to 
provide the public agency with a list of all independent contractors and subcontractors on 
the job site and the names of their workers' compensation insurers. The list must be 
posted on the job site and the agency's website and updated weekly. 
The bill also 
establishes penalties. 
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