An Act To Improve Workers' Compensation Protection for Injured Workers Whose Employers Have Wrongfully Not Secured Workers' Compensation Insurance
Maine Legislature, Session 126, LD 1833
Committee Amendment CA_A_S491 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 736, L.D. 1833, Bill, "An Act To 
Improve Workers' Compensation Protection for Injured Workers Whose Employers Have 
Wrongfully Not Secured Workers' Compensation Insurance" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Directing the Workers' Compensation Board To Further Study Improving 
Protections for Injured Workers Whose Employers Have Wrongfully Not Secured 
Workers' Compensation Insurance' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the issue of improving protections for injured workers whose employers 
have wrongfully not secured workers' compensation payments is of great concern; and 
Whereas, more time is needed to seek stakeholder input so that comprehensive 
legislation to address this issue may be finalized in time for presentation to the 127th 
Legislature; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Workers' Compensation Board to study and report. Resolved: 
That, notwithstanding Joint Rule 353, the Workers' Compensation Board shall convene a 
working group and conduct a study on the issue of improving protections for injured 
workers whose employers have wrongfully not secured workers' compensation payments, 
including the prevalence of the problem and potential funding sources to address the 
problem, and report to the joint standing committee of the Legislature having jurisdiction 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ".4" to S.P. 736, L.D. 1833 
over labor matters by February 1, 2015 with recommendations and draft implementing 
legislation to address this problem; and be it further 
Sec. 2. Working group. Resolved: That the executive director of the Workers' 
Compensation Board shall convene the working group under section 1 as soon as 
practicable to assist the Workers' Compensation Board and shall serve as chair. 
The working group consists of2 members of the Joint Standing Committee on Labor, 
Commerce, Research and Economic Development. 
The chairs of the joint standing 
committee may make recommendations for appointment of the 2 members to the 
President of the Senate and the Speaker of the House of Representatives. The President 
of the Senate shall appoint one member of the Senate, and the Speaker of the House of 
Representatives shall appoint one member of the House of Representatives. Legislative 
members of the working group must be from each of the 2 parties holding the largest 
number of seats in the Legislature. The executive director shall appoint the following 
members: 
1. 
One representative of the American Federation of Labor and Congress of 
Industrial Organizations; 
2. One representative of the Maine State Chamber of Commerce; 
3. One representative of the National Federation ofIndependent Business; 
4. One attorney who primarily represents injured workers; 
5. One former Workers' Compensation Board member; 
6. Two representatives of workers' compensation insurance carriers; 
7. One representative of the Workers' Compensation Coordinating Council of Maine; 
and 
8. One representative of the construction industry. 
The working group may request drafting assistance from the Legislative Council; and 
be it further 
Sec. 3. Authority to report out legislation. Resolved: That the joint standing 
committee of the Legislature having jurisdiction over labor matters may report out a bill 
to the First Regular Session of the 127th Legislature related to the report of the Workers' 
Compensation Board submitted pursuant to section 1. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment changes the title of the bill and replaces the bill with a resolve that 
directs the Workers' Compensation Board to study the issue of improving protections for 
injured workers whose employers have wrongfully not secured workers' compensation 
payments. The executive director of the Workers' Compensation Board is directed to 
convene a working group and to report to the joint standing committee of the Legislature 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 736, L.D. 1833 
having jurisdiction over labor matters with recommendations and draft implementing 
legislation by February 1, 2015. 
FISCAL ~on: REQlii~i·:) 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/01114 .frac 
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LD 1833 
LR 2820(02) 
An Act To Improve Workers' Compensation Protection for Injured Workers Whose Employers Have 
Wrongfully Not Secured Workers' Compensation Insurance 
Legislative Cost/Study 
Fiscal Note for Bill as Amended by Committee Amendment ':A' (S-YCl/) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
,The projected costs for the per diem and expenses for the two legislators serving on the working group are projected 
to be $500 in fiscal year 2013-14 and $500 in fiscal year 2014-15. The Legislature's proposed budget includes 
$10,000 in fiscal year 2013-14 and $10,000 in fiscal year 2014-15 for legislative studies. Whether the amounts are 
sufficient to fund all studies will depend on the number of studies authorized by the Legislative Council and the 
Legislature. 
Fiscal Detail and Notes 
Additional costs to the Workers' Compensation Board to convene a working group to conduct the required study and 
submit the required report can be absorbed within existing budgeted resources. 
LR28:?,0(02) - Fiscal Note - Page I of 1