An Act To Clarify the Workers' Compensation Insurance Notification Process for Public Construction Projects
Maine Legislature, Session 125, LD 1515
Committee: Labor, Commerce, Research and Economic Development
Sponsors: RECTOR
Amends: 26 MRSA §1302-A, 26 MRSA §1312, 39-A MRSA §105-A

Legislative Document 
No. 1515 
S.P. 477 
In Senate, April 26, 2011 
An Act To Clarify the Workers' Compensation Insurance 
Notification Process for Public Construction Projects 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1302-A, as enacted by PL 2009, c. 452, §1, is repealed. 
Sec. 2.  26 MRSA §1312, sub-§1, as amended by PL 2009, c. 452, §2, is further 
amended to read: 
1.  Violation by contractor or subcontractor.  Except as provided in section 1308, 
subsection 1-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. 
Sec. 3.  39-A MRSA §105-A, sub-§6 is enacted to read: 
6.  Insurance coverage information for public construction projects.  Insurance 
coverage information regarding construction subcontractors and independent contractors 
is controlled by this subsection. 
A.  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 
board a list of all construction subcontractors and independent contractors on the job 
site and a record of the entity to whom that construction subcontractor or independent 
contractor is directly contracted and by whom that construction subcontractor or 
independent contractor is insured for workers' compensation purposes.  The list must 
be posted on the board's publicly accessible website and updated as needed. 
B.  The board and the Department of Administrative and Financial Services, Bureau 
of General Services shall cooperate and provide notice to each other regarding the 
letting of state-funded construction projects and any stop-work order, debarment or 
other action as either may take or issue. 
C.  This subsection provides minimum disclosure standards regarding construction 
subcontractors and independent contractors and does not preclude the contracting 
agency from setting more rigorous standards for construction work under its 
jurisdiction. 
D.  If the general contractor or designated project construction manager fails to 
provide the board with the information required by paragraph A, that person is 
subject to a fine of not less than $250. 
SUMMARY 
This bill clarifies and simplifies the reporting requirement for general contractors for 
public construction projects by moving the requirement from the various state agencies to 
a central reporting site at the Workers' Compensation Board.  It moves the requirement 
from the Maine Revised Statutes, Title 26 to Title 39-A and complements the current 
reporting requirement to the Workers' Compensation Board.