Chapter 240
H.P. 383 - L.D. 499
PART LL
Sec. LL-1. 39-A MRSA §154, sub-§6, as amended by PL 2003, c. 425, §2, is repealed and the following enacted in its place:
6. Assessment.
Assessments levied under this section are subject to the following. A. The assessments levied under this section may not be designed to produce more than $6,000,000 in revenues annually beginning in the 1995-96 fiscal year, more than $6,600,000 annually beginning in the 1997-98 fiscal year, more than $6,735,000 beginning in the 1999-00 fiscal year, more than $7,035,000 in the 2001-02 fiscal year, more than $6,860,000 beginning in the 2002-03 fiscal year, more than $8,390,000 beginning in the 2003-04 fiscal year, more than $8,565,000 beginning in the 2004-05 fiscal year, more than $8,525,000 beginning in the 2005-06 fiscal year, more than $9,820,178 beginning in the 2007-08 fiscal year, more than $10,000,000 beginning in the 2008-09 fiscal year, more than $10,400,000 beginning in the 2009-10 fiscal year, more than $10,800,000 beginning in the 2010-11 fiscal year or more than $11,200,000 beginning in the 2011-12 fiscal year. Assessments collected that exceed $6,000,000 beginning in the 1995-96 fiscal year, $6,600,000 beginning in the 1997-98 fiscal year, $6,735,000 beginning in the 1999-00 fiscal year, $7,035,000 in fiscal year 2001-02, $6,860,000 beginning in the 2002-03 fiscal year, $8,390,000 beginning in the 2003-04 fiscal year, $8,565,000 beginning in the 2004-05 fiscal year, $8,525,000 beginning in the 2005-06 fiscal year, $9,820,178 beginning in the 2007-08 fiscal year, $10,000,000 beginning in the 2008-09 fiscal year, $10,400,000 beginning in the 2009-10 fiscal year, $10,800,000 beginning in the 2010-11 fiscal year or $11,200,000 beginning in the 2011-12 fiscal year 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.
B. The board, by a majority vote of its membership, may use its reserve to assist in funding its Personal Services account expenditures and All Other account expenditures and to help defray the costs incurred by the board pursuant to this Act including administrative expenses, consulting fees and all other reasonable costs incurred to administer this Act. The board shall notify the chairs and members of the joint standing committee of the Legislature having jurisdiction over labor matters whenever the board receives approval from the State Budget Officer and the Governor to use reserve funds to increase its allotment above the allocation authorized by the Legislature. Any collected amounts or savings above the allowed reserve must be used to reduce the assessment for the following fiscal year.
C. The board shall determine the assessments prior to May 1st annually and shall assess each insurance company or association and self-insured employer its pro rata share for expenditures during the fiscal year beginning the immediately following July 1st. Each self-insured employer shall pay the assessment on or before the immediately following June 1st. Each insurance company or association shall pay the assessment in accordance with subsection 3.
Sec. LL-2. Request for proposals for audit services. The Workers' Compensation Board shall draft a request for proposal to be issued by the board to accomplish a comprehensive audit, shall select the auditor from among any qualified bidders and shall negotiate a contract with the successful bidder. Both the request for proposal and the contract must receive approval from the Department of Administrative and Financial Services before they become effective. In the event that the board does not receive approval of the draft request for proposal from the department by July 1, 2007, the department shall undertake the audit. In the event that the department does not approve the contract by September 1, 2007, the bid award must be canceled and the department shall undertake the audit. Approval from the department may not be unreasonably withheld.
The Workers' Compensation Board shall notify the Joint Standing Committee on Labor by letter of the name of the auditor chosen by the Workers' Compensation Board as soon as the auditor is chosen.