An Act Concerning Tort Claims and Governmental Entities
Maine Legislature, Session 125, LD 1256
Committee Amendment CA_A_S266 (Senate)
Amends: 14 MRSA §8104-A

COMMITTEE AMENDMENT "A" to S.P. 377, L.D. 1256, Bill, "An Act 
Concerning Tort Claims and Governmental Entities" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Mandate preamble. This measure may require one or more local units of 
government to expand or modify activities so as to necessitate additional expenditures 
from local revenues but does not provide funding for at least 90% of those expenditures. 
Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members 
elected to each House have determined it necessary to enact this measure.' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §8104-A, sub-§I-A is enacted to read: 
I-A. Application. For the purposes of subsection 1, "use" means employed by the 
governmental entity for its purposes or in connection with its activities. A governmental 
entity is liable for its negligent acts or omissions in connection with such use regardless 
of whether its employee is operating the vehicle, machinery or equipment at the time of 
the occurrence causing property damage or bodily injury, but a governmental entity is not 
liable for the negligence of any nongovernmental person or entity in connection with such 
use. A governmental entity may be jointly and severally liable with a nongovernmental 
person or entity only if the negligent acts or omissions of the governmental entity were a 
cause of the property damage or bodily injury. 
This subsection applies to acts and 
omissions occurring on or after J anu<l:ry 1, 2013. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Risk Management - Claims 0008 
Initiative: Provides funds for one Assistant Risk Assessor position and related costs. 
COMMITTEE AMENDMENT 
~. .. ,. 
COMMITTEE AMENDMENT "A" to S.P. 377, L.D. 1256 
RISK MANAGEMENT FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
RISK MANAGEMENT FUND TOTAL 
SUMMARY 
2011-12 
2012-13 
1.000 
1.000 
$48,308 
$65,925 
$8,500 
$8,500 
$56,808 
$74,425 
This amendment, which is the majority report of the committee, strikes and replaces 
the bill. It retains provisions from the bill regarding a governmental entity's liability for 
negligent acts or omissions and adds an application date of January 1, 2013 to provide 
sufficient time for governmental entities to obtain insurance or provide for self-insurance. 
This amendment adds a mandate preamble and an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/01111 .?dac 
LD 1256 
LR 1890(02) 
An Act Concerning Tort Claims and Governmental Entities 
Fiscal Note for Bill as Amended by Committee Amendment "A" S .. 2("'cp 
Committee: Judiciary 
Appropriations/Allocations 
Risk Management Fund 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - All Funds 
Potential state mandate - Exempted 
FY 2011-12 
FY 2012-13 
$56,808 
$74,425 
Defending themselves as a result of additional tort claims and obtaining the 
necessary insurance protections may represent an indirect modification of a 
municipal activity. 
Projections 
FY 2013-14 
$76,403 
Unit Affected 
Municipality 
Projections 
FY 2014-15 
$77,761 
Local Cost 
Significant 
statewide 
The indirect modification of local activities in this bill may represent a State mandate pursuant to the Constitution of 
Maine. Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the state 
from the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
This legislation will increase costs to local governments in the form of higher costs for insurance protections and 
added legal costs. The impact to individual municipalities cannot be determined at this time and will depend on actual 
experience. The bill includes an allocation to the Division of Risk Management of $56,808 in fiscal year 2011-12 and 
$74,425 in fiscal year 2012-13 for one Assistant Risk Assessor position to review a large number of vendor contracts 
for adequate insurance protections. In addition, the State will be responsible for every successful claim up to the tort 
limit of $400,000 per occurence. The amount passed on to state agencies by the Division of Risk Management over 
and above the cost of the position cannot be determined at this time and will depend on actual experience. The 
additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
The Maine Community College System also anticipates increased staff, insurance and liability costs of approximately 
$30,000 per year as a result of this legislation. This estimate assumes the system will have to defend an average of2 
cases per year. The actual cost to the system may be higher or lower depending on actual experience. 
LR1890(02) - Fiscal Note - Page 1 of 1