An Act to Limit the Immunity of Charitable Organizations
Maine Legislature, Session 131, LD 1312
Committee: Judiciary
Sponsors: BAILEY, GRAMLICH, CARNEY, RECKITT
Amends: 14 MRSA §158, 14 MRSA §158-C

Legislative Document
No. 1312
S.P. 530
In Senate, March 23, 2023
An Act to Limit the Immunity of Charitable Organizations
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Representative GRAMLICH of Old Orchard Beach and
Senator: CARNEY of Cumberland, Representative: RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §158, as enacted by PL 1965, c. 513, §28, is amended to read:
§158.  Damages for tortious conduct of charitable corporations organizations
A charitable organization shall be is considered to have waived its immunity from 
liability for negligence or any other tort during the period a policy of insurance is effective 
covering the liability of the charitable organization for negligence or any other tort. Each 
policy issued to a charitable organization shall must contain a provision to the effect that 
the insurer shall be is estopped from asserting, as a defense to any claim covered by said 
the policy, that such the organization is immune from liability on the ground that it is a 
charitable organization. The Except as provided in section 158-C, subsection 2, the amount 
of damages in any such case shall may not exceed the limits of coverage specified in the 
policy, and the courts shall abate any verdict in any such action to the extent that it exceeds 
such policy limit the limits.
Sec. 2.  14 MRSA §158-C is enacted to read:
§158-C.  Limitation on immunity of charitable organizations
1.  Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Charitable organization" has the same meaning as in section 158-B, subsection 3.
B.  "Minor" means an individual who has not attained 18 years of age.
C.  "Sexual assault or sexual exploitation of a minor" means any crime described in 
Title 17-A, chapters 11 or 12 against a minor.
2.  Limitation on immunity of charitable organization. A charitable organization is 
considered to have waived its immunity from liability for negligence or any other tort 
during the period a policy of insurance is effective covering the liability of the charitable 
organization for negligence or any other tort. Each policy issued to a charitable organization 
must contain a provision to the effect that the insurer is estopped from asserting, as a 
defense to any claim covered by the policy, that the organization is immune from liability 
on the ground that it is a charitable organization. The amount of damages in any such case 
may not exceed the limits of coverage specified in the policy, and the court shall abate any 
verdict in the case to the extent that it exceeds the limits, except that nothing in this chapter 
limits the amount of damages based on the amount of insurance coverage in cases of sexual 
assault of a minor or sexual exploitation of a minor.
3.  Immunity not available for sexual assault of a minor and sexual exploitation of 
a minor. Notwithstanding subsection 2, a charitable organization is not immune from 
liability for any tort alleging negligent hiring, supervision or retention of an employee, 
agent or servant that arises out of sexual assault of a minor or sexual exploitation of a minor.
4.  Immunity not available for intentional torts. A charitable organization is not 
immune from liability for intentional torts.
Sec. 3.  Application. This Act applies to all civil actions pending as of the effective 
date of this Act.
SUMMARY
This bill amends the state's immunity provisions related to charitable organizations to 
provide that it is not a defense or a means to limit damages for sexual assault of a minor or 
sexual exploitation of a minor.