Sec. Q-2. 26 MRSA §62, as amended by PL 2003, c. 451, Pt. O, §1, is repealed.

Sec. Q-3. 26 MRSA §63, as amended by PL 2003, c. 451, Pt. O, §§2 and 3, is repealed.

Sec. Q-4. 39-A MRSA §401, sub-§5, ¶D, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

D. The Department of Labor shall notify the Superintendent of Insurance of any employer that fails to complete the workplace health and safety program as required by this section and the rules adopted pursuant to paragraph A. The Superintendent of Insurance shall assess a surcharge of 10% on that employer's workers' compensation insurance premium or the imputed premium for self-insurers, which must be paid to the Treasurer of State, who shall credit 1/2 of that amount to the Safety Education and Training Fund, as established by Title 26, section 61, and 1/2 to the Occupational Safety Loan Fund, as established by Title 26, section 62. Employers who fail to complete a required workplace health and safety program and who are assessed a surcharge prior to January 1, 1994, must be assessed a surcharge of 5%. Employers who fail to complete a required workplace health and safety program and who are assessed a surcharge after January 1, 1994, must be assessed a surcharge of 10%.

Sec. Q-5. Transfer of funds. Any funds received as repayment of the principal and interest on outstanding loans from the previously authorized Occupational Safety Loan Fund in the Maine Revised Statutes, Title 26, former section 62 must be transferred from the Finance Authority of Maine to the Department of Labor to be deposited in the Safety Education and Training Fund under Title 26, section 61 and must be used to reduce the annual assessment on workers' compensation insurers and self-insurers.

Any administrative funds set aside by the Finance Authority of Maine for the administration of the loan program that remain upon the closing of the last outstanding loan must be transferred to the Department of Labor to be deposited in the Safety Education and Training Fund and must be used to reduce the annual assessment on workers' compensation insurers and self-insurers. If the administrative funds so set aside do not cover the costs