Resolve,
Maine Legislature, Session 121, LD 1613
Committee Amendment CA_A_S360 (Senate)

COMMITTEE AMENDMENT ".{\-" to S. P. 567, 
Authorizing Germaine Bell To Sue the State" 
L.D. 1·613, "Resolve, 
Amend the resolve by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Sec. 
1. 
Authorization 
to 
sue 
State. 
Resolved: 
That, 
notwithstanding 
any 
statute or 
common 
law to the 
contrary, 
Germaine Bell, who claims to have suffered damages in connection 
with services she received from the Department of Human Services, 
is authorized to bring a civil action against the Department of 
Human Services. 
This resolve is a waiver of the State's defense 
of immunity under the Maine Revised Statutes, Title 14, chapter 
741. 
Notwithstanding 
the 
application 
of 
any 
statute 
of 
limitations barring this action, this action must be brought in 
the Kennebec County Superior Court within one year from the date 
this 
resolve is 
approved. 
Liability and 
damages, 
including 
punitive damages, must be determined according to state law as in 
litigation between individuals. 
This action may be heard by a 
Justice of the Superior Court or by a jury. 
The Maine Rules of 
Civil Procedure govern the conduct of the action. 
The Attorney 
General shall appear, 
answer 
and defend the action. 
To 
the 
extent possible, the Attorney General shall conduct negotiations 
in good faith to resolve this ~ction by settlement. 
The Treasurer of State shall pay any settlement determined 
by agreement of the parties or any judgment, including costs and 
interest, on final process issued by the Superior Court or, if 
applicable, the Supreme Judicial Court. 
Recovery may not exceed 
$400,000 including costs, interest and punitive damages.' 
Page l-LR2086(3) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 8-.. to S.P. 567, L.D. 1613 
SUMMARY 
This amendment is the majority report of the committee and 
replaces the resolve. 
The amendment clarifies that the resolve 
authorizes a suit against the Department of Human Services and 
constitutes 
a 
waiver 
of 
the 
State's 
defense 
of 
sovereign 
immunity. 
The amendment also clarifies that the maximum amount 
of any recovery is $400,000, pursuant to the limits of the Maine 
Tort Claims Act. 
The amendment directs the Attorney General and 
the 
Department 
of 
Human 
Services 
to 
conduct 
settlement 
negotiations to resolve the dispute to the extent possible. 
FiSCAL \OTE kE<JLIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 01114/04 frac:.. 
Office of Fiscal and Program Review 
LD 1613 
Resolve, Authorizing Germaine Bell To Sue the State 
LR 2086(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined current biennium cost increase - General Fund 
This Resolve allows the State to be sued up to a maximum amount of $400,000 including costs and interest by 
Germaine Bell for damages in connection with services received from the Department of Human Services. If the 
plaintiff is successful, a General Fund appropriation for the recovery will be necessary. The amount and timing of the 
appropriation will depend on when the suit is filed and its outcome. The Department of the Attorney General and the 
Department of Human Services can absorb the additional costs of defending this claim within existing resources. The 
Judicial Department can absorb the additional workload arid administrative cos~s associated with this individual case 
within its existing resources. An additional filing fee will incre~se General Fund revenue by a minor amount.