An Act To Allow a Council of Governments To Provide Municipal Services to Small Towns under the Maine Tort Claims Act
Maine Legislature, Session 128, LD 0815
Committee: Judiciary
Sponsors: WHITTEMORE, FOLEY, COLLINS, DOW, KATZ, LANGLEY, MAKER, PICCHIOTTI, STETKIS, STROM
Amends: 14 MRSA §8102, 30-A MRSA §2313

Legislative Document
No. 815
S.P. 260
In Senate, March 2, 2017
An Act To Allow a Council of Governments To Provide Municipal 
Services to Small Towns under the Maine Tort Claims Act
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator WHITTEMORE of Somerset.
Cosponsored by Representative FOLEY of Wells and
Senators: COLLINS of York, DOW of Lincoln, KATZ of Kennebec, LANGLEY of Hancock, 
MAKER of Washington, Representatives: PICCHIOTTI of Fairfield, STETKIS of Canaan, 
STROM of Pittsfield.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §8102, sub-§3, as amended by PL 2011, c. 520, §1, is further 
amended to read: 
3.  Political subdivision. "Political subdivision" means any city, town, plantation, 
county, administrative entity or instrumentality created pursuant to Title 30-A, chapters 
and 119, incorporated fire-fighting unit that is organized under Title 13-B and is 
officially recognized by any authority created by statute, quasi-municipal corporation and 
special purpose district, including, but not limited to, any water district, sanitary district, 
hospital district, school district of any type, an airport authority established pursuant to 
Title 6, chapter 10, any volunteer fire association as defined in Title 30-A, section 3151, a 
transit district as defined in Title 30-A, section 3501, subsection 1, a regional 
transportation corporation as defined in Title 30-A, section 3501, subsection 2, a transit 
district or regional transportation corporation formed under the laws of another state that 
would qualify as a transit district or regional transportation corporation under Title 30-A, 
chapter 163 if formed under the laws of this State and any emergency medical service.  
"Political subdivision" includes a council of governments established under Title 30-A, 
chapter 119, subchapter 1, article 2 that provides municipal services to a municipality 
pursuant to a contract between the council of governments and the municipality. 
Sec. 2.  30-A MRSA §2313, sub-§1, ¶C, as amended by PL 2007, c. 215, §2, is 
further amended to read: 
C.  Make recommendations for review and action to its members and other public 
agencies that perform functions within the region; and 
Sec. 3.  30-A MRSA §2313, sub-§1, ¶D, as enacted by PL 2007, c. 215, §2, is 
amended to read: 
D.  Prepare and maintain a comprehensive regional plan.; and 
Sec. 4.  30-A MRSA §2313, sub-§1, ¶E is enacted to read: 
E.  Provide municipal services to a municipality pursuant to a contract between the 
council of governments and the municipality. 
SUMMARY 
This bill expressly authorizes a council of governments to provide municipal services 
to a municipality pursuant to a contract between the council of governments and the 
municipality.  The bill amends the Maine Tort Claims Act to include in the definition of 
"political subdivision" a council of governments when it is providing municipal services 
pursuant to a contract between the council of governments and the municipality.