An Act to Increase the
Maine Legislature, Session 132, LD 1347
Committee Amendment CA_A_S132 (Senate)

COMMITTEE AMENDMENT "/+" to S.P. 564, L.D, 1347, "An Act to Increase the
Cap on Liability for Governmental Entities Under the Maine Tort Claims Act"
Amend the bill by striking out the title and substituting the following;
'Resolve, Establishing the Commission to Study the Maine Tort Claims Act'
, Amend the bill by striking out everything after the title and inserting the following;
'See. 1. Commission established. Resolved: That the Commission to Study the
Maine Tort Claims Act, referred to in this resolve as "the commission," is established. '•
1$ Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule
353, the commission consists of 13 members as follows: . , , .
1. Six members appointed by the President of the Senate as follows:
A. Two members of the Senate, including one member of the party holding the largest
number of seats in the Legislature and one member of the party holding the 2nd largest
number of seats in the Legislature;
B. One member from an organization representing municipatities in the State;
C. One member representing insurance companies in the State; .
D. One member representing an educational management organization in the State; and
E. One member representing a large municipality in the State;
2, Six members appointed by the Speaker of the House of Representatives as follows:
A. Two members of the House of Representatives, including one member of the party
holding the largest number of seats in the Legislature and one member of the party
holding the 2nd largest number of seats in the Legislature;
B, One member who is an attorney with experience representing plaintiffs in cases
arising under the Maine Tort Claims Act;
C, One member representing a law enforcement agency in the State;
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT •' IA " to S.l). 564, L.D, 1347 I
"A " to S/P. 564, L.D, )347(5' 132'
D. One member representing a small municipality in the State; and
E. One member representing a county govenunent in the State; and
'3. The Governor or the Governor's designee.
Sec, 3. Chairs. Resolved: That the first-named Senate member is the Senate chair
and the first-named House of Representatives member is the House chair of the
commission.
See. 4. Appointments; convening of commission. Resolved: That all
appointments must be made no later than 30 days following the effective 'd ate-of this
resolve. Tlie appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been completed, After appointment of all members,
the chairs shall call and convene the first meeting of the commission, If30:days or more
after the effective date of this resolve-a majority of but .not all appointments have been
made, the chairs may request authority and the Legislative Council may grant authority for
the commission to meet and conduct its business.
Sec. 5. Duties. Resolved: That the commission shall review the Maine Tort Claims
Act, taking into consideration:
1. Whether any additional negligent acts or omissions by a governmental entity should
be excepted from tort claim immunity, including an assessment of schools and school field
trips;
2. Whether to increase the cap on damages or change the structure of available damages
awards, including a consideration of different damages ca'ps for a single claimant versus a
22' single occurrence; • ' ' '
3. Other states' use of medical pay coverage in addition to any damages.from those
states' tort claims laws;
4. The fiscal impact of changes to the Maine Tort Claims Act on inuniciptilities,
including the impact to municipal budgets, as well as any costs associated with insurance;
5, The data available on the number of potential claims brought against the State or a
governmental entity under the Maine Tort Claims Act; and
6. Any other changes necessary to the Maine Toil Claims Act.
See. 6. Staff assistance. Resolved; That the Legislative Council sliall provide
necessaty staffing services to the commission, except that Legislative Council staff support
is not authorized when the Legislature is in regular or special session.
Sec. 7. Report. Resolved: That, no later than December 3, 2025, the commission
shall submit a report that includes its findings and recommendations pursuant to section 5,
including suggested legislation, to the Joint Standing Committee on Education, the Joint
Standing Committee on Judiciary and the Joint Standing Committee on State and Local
Government, After receipt and a review of the report, each joint standing committee -may
submit legislation relating to the report to the Second Regular Session of the 132nd
Legislature.'
Amend the bill by relettering or renumbering any nonconsecntive Part letter or section
number to read consecutively.
• Page 2-132LR 1933(02)
COMMITTEE AMENDMENT
^0%
COMMITTEE AMENDMENT " J\-" to S.P. 564. L,D. l3'\T[ ^",
SUMMARY
This amendment replaces the bill with a resolve that establishes the Commission to
Study the Mlaine Tort Claims Act. The commission is composed of 13 members, including
Legislators, members with experience in insurance, education and the Maine Tort Claims
Act, members representing municipalities in the State and the Governor, The commission
must review the Maine Tort Claims Act, taking into consideration any necessary increases
or changes in the structure of damages, any changes to the conduct excepted from tort claim
immunity for a governmental entity and any impact on municipalities due to changes to the
Maine Tort Claims Acf.
The commission must report its findings and recommendations to the Joint Standing
Committee on Education, the Joint Standing Committee on Judiciary and the Joint Standing
Committee on State and Local Government by December 3, 2025. Each joint standing
committee has authority to report out legislation related to the report to the Second Regular
Session of the 132nd Legislature.
FISCAL NOTE REQUFRED
(See attached)
COMMITTEE AMENDMENT
Approved: 05/02/25
t^RL.
LD 1347 LR 1933(02)
An Act to Increase the Cap on Liability for Governmental Entities Under the Maine Tort Claims Act
Fiscal Note for Bill as Amended by Committee Amendment 'T/C-
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Legislative Cost/Shidy
Legislative Cost/Study
The general operating expenses of this shidy are projected to be $3,050 in fiscal year 2025-26. The Legislature's
proposed budget for the 2026-2027 biennium includes $22,196 in each of fiscal years 2025-26 and 2026-27 for tl<
costs of legislative shidies, as well as $8,265 in projected balances from fiscal year 2024-25 and $33,073 ofbalah .
carried over from prior years for this purpose, Whether tliese amounts are sufficient to fund all studies will depend on
the number of studies authorized by the Legislative Council and the Legislature, The additional costs of providing
staffing assistance to the shicfy during the interim can be absorbed utilizing existing budgeted staff resources.
LR1933(02) - Fiscal Note - Page 1 of 1