An Act To Authorize Maine Courts To Award Attorney's Fees and Costs to Citizens Who Prevail in Civil Litigation against the Executive Branch
Maine Legislature, Session 129, LD 0698
Committee Amendment CA_A_S312 (Senate)

COMMITTEE AMENDMENT " A " to S.P. 211, L.D. 698, Bill, "An Act To 
Authorize Maine Courts To Award Attorney's Fees and Costs to Citizens Who Prevail in 
Civil Litigation against the Executive Branch" 
Amend the bill in section 1 in §1501-A in the last line (page 1, line 9 in L.D.) by 
striking out the following: "shall" and inserting the following: 'may' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration - Attorney General 0310 
Initiative: Establishes a half-time Assistant Attorney General position and provides 
funding for related All Other costs beginning October 1, 2019. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERALFUNDTOTAL 
SUMMARY 
2019-20 
0.500 
$46,708 
$5,534 
$52,242 
2020-21 
0.500 
$62,278 
$7,379 
$69,657 
The bill requires the court to award reasonable attorney's fees to a citizen or citizens 
that prevail in litigation against the Governor or any agency of the executive branch if the 
citizen or citizens demonstrate that the defendant knowingly violated the law. This 
amendment gives the court in that situation the discretion to award reasonable attorney's 
COMMITTEE AMENDMENT 
i\,dS. 
COMMITTEEAMENDMENT".f\ "to S.P.211,L.D. 698 (c;- 31J j 
fees to be paid to the prevailing citizen or citizens. 
The amendment also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/07/19 feac. 
LD698 
LR 1846(02) 
An Act To Authorize Maine Courts To Award Attorney's Fees and Costs to Citizens Who Prevail in 
Civil Litigation against the Executive Branch 
Fiscal Note for Bill as Amended by Committee Amendment 'f,-'' ( S -6 \ d-\ 
Committee: Judiciary 
"J 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium cost increase - All Funds 
FY 2019-20 
FY2020-21 
$52,242 
$69,657 
$52,242 
$69,657 
Projections 
FY2021-22 
$69,657 
$69,657 
Projections 
FY2022-23 
$69,657 
$69,657 
This bill allows, in certain circumstances, the payment of attorney's fees by the State to citizens who prevail in 
litigation against the State. The Office of the Attorney General has indicated that it will require a half-time position 
due to an expected increase in litigation and the bill includes General Fund appropriations of $52,242 in FY 2019-20 
and $69,657 in FY 2020-21 for a half-time Assistant Attorney General position. 
The Risk Management Division within the Department of Financial and Administrative Services provides insurance, 
loss control and claims services to state departments and agencies. According to the division, attorney's fees for 
vehicle and tort claims, which represent cases that could fall under the provisions of this bill, total at least $10,000 per 
claim. The division currently has an average of 50 vehicle and tort claims per year, representing a total of up to 
$500,000 which could be ordered to be paid by the State. However, it is currently unknown how many cases citizens 
would be able to demonstrate that the State knowingly violated the law and be awarded attorney's fees. Any costs for 
additional attorney's fees would be paid by the Risk Management Fund and all executive branch departments and 
agencies could face increased insurance premiums in future fiscal years. 
LR1846(02) - Fiscal Note - Page 1 of 1