Whereas, David Prentiss owns business property that was incorrectly labeled as contaminated by the Department of Environmental Protection; and

Whereas, although the Department of Environmental Protection corrected the error, David Prentiss incurred substantial loss due to the mislabeling error; and

Whereas, because David Prentiss's livelihood was so gravely affected, this legislation needs to be enacted as an emergency measure in order for court action to commence in a timely manner; 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

Sec. 1. David Prentiss; authorized to sue the State. Resolved: That, notwithstanding any statutes or common laws to the contrary, David Prentiss, who claims to have suffered damages as a result of an error by the Department of Environmental Protection, is authorized to bring suit against the State.

This action must be brought within one year from the passage of this resolve in the Aroostook County Superior Court. Liability and damages including punitive damages must be determined according to state law, as in litigation between individuals.

Any judgment costs and interest recovered in this civil action are payable from the State Treasury within 30 days of an execution being issued by the Aroostook County Superior Court. Recovery may not exceed $70,000, including costs against the State. Hearing must be before a Justice of the Superior Court, with or without jury. The action is governed by the Maine Rules of Civil Procedure.

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