H.P. 1185 - L.D. 1695
An Act to Provide Immunity to Enhanced 9-1-1 Developers and Providers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2930, sub-§2, as enacted by PL 1997, c. 291, §3, is repealed and the following enacted in its place:
2. Telecommunications providers. A telecommunications provider assisting in the implementation and operation of the statewide E-9-1-1 system, including, but not limited to, the development and maintenance of the network, the development and maintenance of any databases and the processing of calls, is subject to tort liability:
A. For property damages, bodily injury or death resulting from any defect in the E-9-1-1 system or inadequacy in the provision of E-9-1-1 service caused by the telecommunications provider's negligent acts or omissions in developing, establishing, implementing, maintaining or operating the E-9-1-1 system, up to a maximum amount for any and all claims arising out of a single occurrence not to exceed $300,000 or the dollar amount that appears in Title 14, section 8105, subsection 1, whichever is greater; and
B. For property damages, bodily injury or death resulting from any defect in the E-9-1-1 system or inadequacy in the provision of E-9-1-1 service caused by the telecommunications provider's intentional, willful or reckless acts or omissions in developing, establishing, implementing, maintaining or operating the E-9-1-1 system, without limitation on the amount.
For purposes of this subsection, the term "telecommunications provider" means a local exchange carrier, a commercial mobile radio service provider, as defined in United States Code, Title 47, Section 332(d), an employee of a local exchange carrier or commercial mobile radio service provider acting within the scope of the employee's employment, or an agent of a local exchange carrier or commercial mobile radio service provider acting within the scope of the agent's agency.
Effective September 18, 1999, unless otherwise indicated.
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