Maine LD 805: Resolve, Authorizing Certain Individuals To Bring Suit against the Department of Health and Human Services

LD 805 (subjects: TORT CLAIMS , CLAIMS AGAINST THE STATE )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=805&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Rep. Richard Farnsworth of Portland: (D – District 37) — e-mail | Facebook

1 Cosponsors:

Actions

Chamber

Action
3/10/2015 House Committee on Veterans and Legal Affairs suggested and ordered printed.
The Resolve was REFERRED to the Committee on VETERANS AND LEGAL AFFAIRS.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/11/2015 Senate On motion by Senator Cyrway of Kennebec, REFERRED to the Committee on Veterans and Legal Affairs, in concurrence.
6/30/2015 Senate CARRIED OVER to any Special or Regular Session of the 127th Legislature pursuant to Joint Order HP 992. in concurrence
6/30/2015 House Carried over to any special and/or regular session of the 127th Legislature pursuant to Joint Order HP 992.
6/30/2015 Senate CARRIED OVER to any Special or Regular Session of the 127th Legislature pursuant to Joint Order HP 992. , in concurrence.
3/1/2016 House Reports READ.
Representative LUCHINI of Ellsworth moved to ACCEPT the Majority Ought to Pass as Amended Report.
On further motion of the same Representative TABLED pending his motion to ACCEPT the Majority Ought to Pass as Amended Report.
Later today assigned.
3/1/2016 House Unfinished Business
3/3/2016 House Speaker laid before the House
Subsequently, the Majority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 482
(Yeas 80 – Nays 62 – Absent 9 – Excused 0)
The Resolve was READ ONCE.
Committee Amendment “A” (H-524) was READ and ADOPTED.
TOMORROW ASSIGNED FOR SECOND READING.
3/8/2016 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
READ the Second Time.
The Resolve was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-524).
Sent for concurrence. ORDERED SENT FORTHWITH.
3/9/2016 Senate Reports READ
On motion by Senator CYRWAY of Kennebec Tabled until Later in Today’s Session, pending ACCEPTANCE OF EITHER REPORT
Unfinished Business
3/10/2016 Senate Unfinished Business
3/15/2016 Senate Unfinished Business
3/16/2016 Senate Unfinished Business
3/17/2016 Senate Unfinished Business
3/22/2016 Senate Unfinished Business
3/23/2016 Senate Unfinished Business
3/24/2016 Senate Unfinished Business
3/28/2016 Senate Unfinished Business
3/29/2016 Senate Unfinished Business
3/30/2016 Senate Unfinished Business
3/31/2016 Senate Taken from the table by the President
motion by Senator CYRWAY of Kennebec to ACCEPT The Minority Ought Not To Pass Report FAILED
Roll Call Ordered Roll Call Number 576 Yeas 13 – Nays 20 – Excused 1 – Absent 0
The Majority Ought to Pass As Amended Report ACCEPTED in concurrence
READ ONCE
Committee Amendment “A” (H-524) READ and ADOPTED
Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment “A” (H-524) in concurrence
4/1/2016 House FINALLY PASSED.
ROLL CALL NO. 553
(Yeas 79 – Nays 66 – Absent 6 – Excused 0)
Sent for concurrence. ORDERED SENT FORTHWITH.
4/4/2016 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending FINAL PASSAGE in concurrence
4/29/2016 Senate In possession of the Senate when the Senate ADJOURNED SINE DIE and PLACED IN THE LEGISLATIVE FILES (DEAD).

Bill Text

.

Resolve, Authorizing Certain Individuals To Bring Suit against the Department of Health and Human Services

Sec.
1.
Authorization to sue State. Resolved: That, notwithstanding any statute or common law to the contrary, Sara Bachelder individually and on behalf of her 2 minor children; Danielle and Christopher Pouliot individually and on behalf of their minor child; Hannah and Brett Williams individually and on behalf of their minor child; Tonya Later and Albert Sico III individually and on behalf of their minor child; and Michelle Tapley individually and on behalf of her minor child are authorized to bring a civil action against the Department of Health and Human Services for damages claimed to have been suffered in connection with actions taken by the Department of Health and Human Services. This resolve is a waiver of the State’s defense of immunity under the Maine Revised Statutes, Title 14, chapter 741.

Notwithstanding the application of any statute of limitations barring this action, this action must be brought in the York County Superior Court within one year from the date this resolve takes effect. Liability and damages, including punitive damages, must be determined according to state law as in litigation between individuals. This action may be heard by a Justice of the Superior Court or by a jury. The Maine Rules of Civil Procedure govern the conduct of the action. The Attorney General shall appear, answer and defend the action. To the extent possible, the Attorney General shall conduct negotiations in good faith to resolve this action by settlement.

The Treasurer of State shall pay any settlement determined by agreement of the parties or any judgment, including costs and interest, on final process issued by the Superior Court or, if applicable, the Supreme Judicial Court.

summary

This resolve authorizes Sara Bachelder individually and on behalf of her 2 minor children; Danielle and Christopher Pouliot individually and on behalf of their minor child; Hannah and Brett Williams individually and on behalf of their minor child; Tonya Later and Albert Sico III individually and on behalf of their minor child; and Michelle Tapley individually and on behalf of her minor child to bring suit against the Department of Health and Human Services for damages in connection with actions taken by the Department of Health and Human Services and constitutes a waiver of the State’s defense of sovereign immunity.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 805 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

Be the first to comment on "Maine LD 805: Resolve, Authorizing Certain Individuals To Bring Suit against the Department of Health and Human Services"

Leave a comment

Democracy thrives on participation; please share your thoughts!
Your email address will not be published. Required fields are marked *

Your email address will not be published.


*