|
|
|
|
|
|
|
|
132nd MAINE LEGISLATURE |
|
|
LD 1222 |
|
LR 1618(01) |
|
|
|
An Act to Limit
Sovereign Immunity for Schools and School Superintendents |
|
Preliminary Fiscal
Impact Statement for Original Bill |
|
Sponsor: Rep. Paul of Winterport |
|
Committee: Judiciary |
|
Fiscal Note Required: Yes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Preliminary
Fiscal Impact Statement |
|
|
|
|
|
|
|
Potential State Mandate - Unfunded
|
|
|
|
|
|
|
|
Correctional and
Judicial Impact Statements |
|
|
|
|
|
This bill may
increase the number of civil suits filed in the court system. The additional
workload associated with the minimal number of new cases filed in the court
system does not require additional funding at this time. The collection of additional filing fees
will increase General Fund revenue by minor amounts. |
|
|
|
|
|
|
|
State Mandates |
|
|
|
|
|
|
Required Activity |
Unit Affected |
Local Cost |
|
Removes immunity
under the Maine Tort Claims Act for school superintendents, school
administrative units (SAUs) or schools within the SAU's jurisdiction for
certain conduct thus expanding the areas in which SAUs may potentially need
legal services. Requires SAUs to
maintain liability insurance coverage sufficient to cover potential claims
that may occur as a result of the removed immunity. |
School |
Significant statewide |
|
The required local
activities in this bill may represent a state mandate pursuant to the
Constitution of Maine. If the bill does require a local unit of government to
expand or modify its activities so as to necessitate additional expenditures
from local revenue, the state mandate provisions of the Constitution of Maine
require either: (1) General Fund appropriations be provided to fund at least
90% of any additional necessitated local costs of the mandate; or (2) a
Mandate Preamble be added to the bill and two-thirds of the members of each
House vote to exempt the mandate from the funding requirement. If the bill
does represent a state mandate and neither one of these actions occurs, the
local units of government will not be required to implement the mandated
activities. |
|
|
|
|
|
|
|
Fiscal Detail
and Notes |
|
|
|
|
|
|
Additional costs
to the Department of Education to submit the required report beginning in
fiscal year 2027-28 can be absorbed within existing budgeted resources. |
|
|
|
|
|
|
|