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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 47
S.P. 242 - L.D. 744

An Act To Make Technical Changes to the Laws Establishing the Lincoln and Sagadahoc Multicounty Jail Authority

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, this legislation needs to take effect before the expiration of the 90-day period to allow the Lincoln and Sagadahoc Multicounty Jail Authority to issue bonds in a timely fashion; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 30-A MRSA §1851, sub-§4 is enacted to read:

     4. Establishment. The Lincoln and Sagadahoc Multicounty Jail Authority is established as a public body corporate and politic and a public instrumentality of the counties, and the exercise by the authority of the powers conferred by this chapter must be deemed and held to be the performance of essential governmental functions.

     Sec. 2. 30-A MRSA §1910 is enacted to read:

§1910. Liability

     The liability of the jail authority is governed by Title 14, chapter 741. A member of the jail authority, a member of a board of the jail authority and an employee of the jail authority are not subject to any personal liability for having acted in the service of their duty within the course and scope of membership or employment to carry out a power or duty under this chapter.

     Sec. 3. Retroactivity. Those sections of this Act that enact the Maine Revised Statutes, Title 30-A, section 1851, subsection 4 and section 1910 apply retroactively to December 8, 2003.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective April 8, 2005.

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