Ch. 741 TORT CLAIMS 14 § 8116 policy shall replace the limit imposed by section 8105. If the insurance provides coverage in areas where the governmental entity is immune, the governmental entity shall be liable in those substantive areas but only to the limits of the insurance coverage. The State may purchase insurance on behalf of its employees to insure them against any personal liability which they may incur out of or in the course and scope of their duties. The State shall purchase insurance on behalf of its employees to insure them against their personal liability to the limit of their liability under section 8103, subsection 3 and, to the extent that such insurance coverage is not available, shall assume the defense of and indemnify such employees to the limit of their liability under section 8103, subsection 3. Any insurance purchased by the State under this section shall be purchased through the Maine Insurance Advisory Board. 1977, c. 2, § 2, eff. Jan. 31, 1977; 1977, c. 578, §§ 5, 5-A, eff. July 25, 1977. Historical Note Laws 1977, c. 578 added the second sentence of the second paragraph and repealed and replaced the first paragraph which prior thereto read: "The legislative or executive body or any department of the State or any political subdivision may procure Insurance against liability for any claim under this chapter and including any activity not described in this chapter, but for which immunity is waived by another act. If the insurance provides protection in excess of the limit of liability imposed by section 8105, then the limits provided in the insurance policy shall replace the limit imposed by section 8105." Effective dates. For the effective date provisions of Laws 1977, c. 2, see the Historical Note under 8101 of this title. For the effective date provisions of Laws 1977, c. 578, see the Historical Note under 8103 of this title. Cross References Insurance Advisory Board, duty to provide coverage under this section, see title 5, 1728, subsec. 3. This chapter does not apply to any claim against any governmental entity or employee arising before its effective date. Any such claim may be presented and enforced to the same extent and be subject to the same defenses and limitations on recovery as if this chapter had not been adopted and as though any statute repealed by this chapter had remained in effect, and as though the doctrines of sovereign, governmental and official immunity had remained in full force and effect. Nothing herein shall be construed as denying a governmental entity the right or authority to defend or settle any claim either against it or against any of its employees pending at the time of the effective date of this chapter. 1977, c. 2, § 2, eff. Jan. 31, 1977. Historical Note Effective date. For the effective see the Historical Note under 8101 date provisions of Laws 1977, c. 2, of this title. Nothing in this chapter or any other provision of state law shall be construed to waive the rights and protections of the State under the Eleventh Amendment of the United States Constitution, except where such waiver is explicitly stated by law and actions against the State for damages shall only be brought in the courts of the State in accordance with this chapter. 1977, c. 2, § 2, eff. Jan. 31, 1977. Historical Note Effective date. For the effective see the Historical Note under 8101 date provisions of Laws 1977, c. 2, of this title. Library References Municipal Corporations 723. C.J.S. Municipal Corporations § 745 et seq. C.J.S. States 126, 196 to 202. Prepared by the Editorial Staff of the Publishers W. M. WILLSON, D. P. HARRIMAN, G. E. LEGNER, A. D. KOWALSKY AND A. E. ESTES Consultant F. CARVEL PAYNE Director, State Department of Legislative Reference VOLUME 2B 1973 REPLACEMENT Place in Pocket of Corresponding Volume of Main Set. Effective Date of Statutes See Md. Const., Article XVI, § 2 Annotated through 284 Md. 515 and 41 Md. App. 578. For complete scope of annotations, see preface in supplement to Volume 1. THE MICHIE COMPANY Law Publishers CHARLOTTEsville, VirgINIA 1979 1979 CUMULATIVE SUPPLEMENT Art. 25A, 5 (AA) Commission to Establish Compensation for County Councils To establish by ordinance a commission empowered to set compensation and allowances to be paid to members of county councils. When established, the commission shall set the compensation and allowances within 15 days after the beginning of the fourth year of the term of each council. The commission by resolution shall submit its determination for compensation and allowances to the county council. The commission may recommend an increase or decrease in the compensation paid to members of the county council, but in no event may compensation or allowances be less than provided in the charter of the respective counties. Upon receiving the resolution, the council may reduce or reject the commission's recommendation, but it shall not increase any item in the resolution. The recommendations contained in the resolution shall become effective upon the adoption by the council of an ordinance encompassing the recommendations, but the salary specified at the time a council takes office shall not change for that period during which the council was elected. The ordinance making any change in the salary paid to members of the county council shall be ordained prior to the election for the members of the next succeeding council and take effect only for the members of the next succeeding council. (BB) Historic and Landmark Zoning and Preservation To enact laws generally for historic and landmark zoning and preservation; to enact those laws in accordance with the provisions of Article 66B, § 8.01 et seq., or to enact such laws to be administered generally by an Historic District Commission and to provide for appeals. The authority conferred by this subsection shall be in addition to any existing charter provisions or local law providing for planning and zoning. (CC) Waiver of Sovereign Immunity To provide by ordinance or inclusion in the county charter for the waiver of sovereign immunity so that the county may be sued in tort actions in the same manner and to the same extent that any private person may be sued. Any chartered county enacting legislation or otherwise waiving sovereign immunity under this subsection shall carry comprehensive liability insurance to protect itself, its agents and its employees. The purchase of this insurance shall be considered as for a public purpose and as a valid public expense. The liability of any county under this subsection may not be greater than $250,000 or the amount of its insurance coverage, whichever is greater, per individual per occurrence. A county which has adopted legislation or otherwise availed itself of the powers contained in this subsection may raise the defense of sovereign immunity to any amount in excess of the limit of its insurance coverage. In any case, the several counties or any county availing itself of the privileges of this subsection may not raise the defense of sovereign immunity in any claim of less than $250,000 or the amount of its insurance coverage, whichever is greater. (1973, ch. 891; 1973, 1st Sp. Sess., ch. 4, § 5; 1974, chs. 122, 615; 1975, ch. 70, § 1; ch. 267, § 2; 1976, ch. 472, § 5; chs. 477, 825; 1977, ch. 234; 1978, ch. 742.) 153 |