1. Governmental entity. Subject to all the limitations and exceptions provided under the Maine Tort Claims Act, Title 14, chapter 741, a governmental entity is immune from tort liability for property damages, bodily injury or death resulting from acts or omissions occurring in developing, establishing, implementing, maintaining or operating the 9-1-1 system. [PL 2025, c. 167, §30 (AMD).] 2. Telecommunications providers. A telecommunications provider assisting in the implementation and operation of the statewide 9-1-1 system, including, but not limited to, the development, establishment and maintenance of the 9-1-1 system, is subject to tort liability: A. For property damages, bodily injury or death resulting from any defect in the 9-1-1 system or inadequacy in the provision of 9-1-1 service caused by the telecommunications provider's negligent acts or omissions in developing, establishing, implementing, maintaining or operating the 9-1-1 system, up to a maximum amount for 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 [PL 2025, c. 167, §30 (AMD).] B. For property damages, bodily injury or death resulting from any defect in the 9-1-1 system or inadequacy in the provision of 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 9-1-1 system, without limitation on the amount. [PL 2025, c. 167, §30 (AMD).] For purposes of this subsection, "telecommunications provider" means a local exchange carrier, a commercial mobile service provider, as defined in 47 United States Code, Section 332(d), or an originating service provider; an employee of a local exchange carrier, commercial mobile service provider or originating service provider acting within the scope of the employee's employment; or an agent of a local exchange carrier, commercial mobile service provider or originating service provider acting within the scope of the agent's agency. For purposes of this subsection, "9-1-1 system" includes, but is not limited to, the networks, databases and call processing services necessary to provide 9-1-1 services or 9-1-1 access-only services in accordance with this chapter and rules adopted under this chapter. [PL 2025, c. 167, §30 (AMD).]
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