Sec. T-1. 5 MRSA §1513, sub-§§1-R and 1-T are enacted to read:
1-R. Transfer from Maine Rainy Day Fund; Baxter Compensation Authority Other Special Revenue Fund account. Notwithstanding subsection 2 and section 1585, $2,000,000 must be transferred by the State Controller from the available balance in the Maine Rainy Day Fund to the Baxter Compensation Authority Other Special Revenue Fund account in fiscal year 2001-02.
1-T. Transfer from Governor Baxter School for the Deaf Compensation Fund within Maine Rainy Day Fund; Governor Baxter School for the Deaf victims' compensation. Notwithstanding subsection 2 and section 1585 or any other provision of law, an amount not to exceed $3,000,000 may be transferred by the State Controller from the balance in the Governor Baxter School for the Deaf Compensation Fund within the Maine Rainy Day Fund to the Baxter Compensation Authority Other Special Revenue Fund account to be made available by financial order upon the recommendation of the State Budget Officer and approval of the Governor to be used for the payment of costs of administration of the Baxter Compensation Authority and for the payment of compensation to former students who were victims of abuse at the Governor Baxter School for the Deaf or its predecessors. Transfers by the State Controller from the Governor Baxter School for the Deaf Compensation Fund within the Maine Rainy Day Fund must be made upon written request of the Baxter Compensation Authority board and the approval of the program director of the Baxter Compensation Program.
Sec. T-2. 5 MRSA §1513-A is enacted to read:
§1513-A. Governor Baxter School for the Deaf Compensation Fund established
The Governor Baxter School for the Deaf Compensation Fund, referred to this section as the "compensation fund," is established within the Maine Rainy Day Fund and must be segregated and maintained as a separate account known as the Governor Baxter School for the Deaf Compensation Fund. On July 1, 2001, the State Controller shall capitalize the compensation fund in the amount of $3,000,000.
Sec. T-3. 5 MRSA §12004-B, sub-§9 is enacted to read:
Sec. T-4. 5 MRSA §12004-G, sub-§26-E is enacted to read:
Sec. T-5. 5 MRSA Pt. 28 is enacted to read:
PART 28
COMPENSATION AND REDRESS
CHAPTER 601
THE BAXTER COMPENSATION AUTHORITY
SUBCHAPTER I
GENERAL PROVISIONS
As used in this chapter, the following terms have the following meanings, unless the context otherwise indicates.
1. Abuse. "Abuse" means sexual abuse, physical abuse or both.
2. Administrative expenses. "Administrative expenses" means the expenses necessary for the operation of the program, including the costs of the authority but not including compensation payments.
3. Appeal board. "Appeal board" means the authority board when acting to hear and decide appeals of the compensation panel's decisions as provided in section 22005.
4. Authority. "Authority" means the Baxter Compensation Authority established in section 12004-G, subsection 26-E.
5. Authority board or board. "Authority board" or "the board" means the 5-member governing body described in section 22002, subsection 3.
6. Claimant. "Claimant" means a person who alleges having suffered abuse while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf and applies for compensation from the program.
7. Claims consultant. "Claims consultant" means a person employed by the program to assist claimants in preparing their claims for submission to the compensation panel.
8. Compensation panel. "Compensation panel" means the 3-person panel appointed by the authority to hear claims and make decisions, consisting of the determination of eligibility and determination of the compensation amount, as provided in section 22004.
9. Final compensation decision. "Final compensation decision" means the decision of the compensation panel with regard to eligibility and level of compensation if it is not appealed within 60 days of the decision, and the decision of the appeal board if the decision of the compensation panel is appealed.
10. Program. "Program" means the Baxter Compensation Program established in section 22021.
11. Program director. "Program director" means the person appointed by the authority to direct the program as provided in section 22003.
12. Program principles. "The program principles" means the compilation of theoretical and practical bases for operation of the program as provided in section 22007.
13. Trust fund. "Trust fund" means the Baxter Compensation Authority Other Special Revenue Fund account authorized pursuant to section 1513, subsection 1-T, or its successor.
§22002. Baxter Compensation Authority
1. Established. The Baxter Compensation Authority, established in section 12004-G, subsection 26-E, is a public instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter is considered and held to be the performance of essential governmental functions.
2. Purpose. The authority is established to administer the Baxter Compensation Program.
3. Members. The authority board consists of 5 members, to be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary matters and confirmation by the Legislature. Collectively, the members must have knowledge and experience in deaf culture; abuse and its effects; the legal system; and redress and compensation principles.
4. Chair; quorum. The members of the board shall select a chair from among the members. Three members constitute a quorum. Action taken by the board must be by majority vote.
5. Powers. The authority may:
A. Buy or lease real and personal property to carry out its duties;
B. Establish positions and employ and contract with persons to carry out its duties; and
C. Accept funds from all sources to be deposited in the trust fund.
6. Duties. The authority has the following duties.
A. The authority shall establish the Baxter Compensation Program as provided in section 22021.
B. The authority shall appoint a program director as provided in section 22003.
C. The authority shall appoint a compensation panel as provided in section 22004.
D. The authority board shall serve as the appeal board as provided in section 22005.
E. The authority shall complete the training and education under section 22006.
F. The authority shall adopt program guidelines as provided in section 22007.
G. The authority shall establish criteria for 3 tiers of compensation based on the severity of abuse suffered by the former students using well-established legal principles governing awarding damages. The 3 tiers of compensation are: $25,000; $60,000; and $100,000.
H. The authority shall submit an annual written report by January 15th of each year to the Governor, the Attorney General and the joint standing committee of the Legislature having jurisdiction over judiciary matters. The report must include information on the following:
(1) The activities of the authority within the last 12 months;
(2) The number of employees and volunteers and their responsibilities;
(3) Data pertaining to the following:
(a) Requests for information;
(b) Applications filed;
(c) Claims submitted to the compensation panel;
(d) Decisions made by the compensation panel, and the nature of the decisions;
(e) Decisions appealed to the appeal board, and the grounds for and outcomes of the appeals;
(f) Claims pending completion prior to being submitted to the compensation panel;
(g) Claims pending decision by the compensation panel;
(h) Claims pending resolution by the appeal board; and
(i) Awards made and paid;
(4) Amount of compensation paid;
(5) Any other information that would help to evaluate the performance of the program; and
(6) Any recommended legislation the authority determines is necessary to carry out its duties.
I. The authority shall develop an evaluation process to make ongoing determinations concerning the program's effectiveness and operation within the program guidelines.
7. Application of laws. The authority is subject to the budget, accounts and control and auditing requirements of Part 4.
8. Use of trust fund. The authority may use up to 15% of the trust fund for administrative expenses in each fiscal year.
9. Administrative support. The Department of Labor, Bureau of Rehabilitation, Division of Deafness shall provide such administrative support as is requested by the authority.
10. Legal counsel. Notwithstanding section 191, a staff attorney may act as the counsel for the authority and the authority may employ private counsel to advise and represent the authority.
The authority shall appoint a program director to serve as staff to the authority and to direct the program.
1. Appointment. The authority shall appoint 3 persons to serve as the compensation panel established in section 12004-B, subsection 9. The compensation panel shall make decisions about the eligibility of claimants and the appropriate compensation payments to be made.
2. Qualifications. Collectively, the members of the compensation panel must have the following qualifications:
A. Familiarity with the legal system, including experience with:
(1) Weighing evidence and making decisions based on that evidence; and
(2) Well-established legal principles that govern awarding damages;
B. Experience or knowledge of abuse and its effects; and
C. Experience or knowledge of deaf culture.
The members of the compensation panel may not have any personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant.
3. Chair. The compensation panel members shall select a chair from among the members.
4. Decision-making; quorum. The compensation panel members shall work together as collaboratively as possible. Decisions on claims must be determined by a majority vote. All 3 members must be present in order for a vote to be taken.
5. Training and education. Before handling any claims, the compensation panel shall complete the training and education under section 22006.
1. Appointment. The authority board shall serve as the appeal board to hear and decide appeals of the decision of the compensation panel.
2. Decisions. Decisions on claims must be determined by a majority vote. Three members constitute a quorum.
§22006. Training and education
1. Training and education program. The program director shall coordinate training and education for the members of the authority, the program director and the compensation panel in the following subject areas:
A. Deaf culture;
B. Physical and sexual abuse and its effects;
C. Basic applicable legal principles; and
D. Any other subject useful to the operation of the program.
2. Required. Members of the authority, the program director and the compensation panel shall participate in the training and education.
§22007. Program principles and guidelines
1. Duties. The program has the following duties.
A. The program shall provide American Sign Language interpreters to ensure communication between program staff and claimants, their families and friends and advocates providing support.
B. The program shall explain to the claimants the compensation process from initial contact with the program through acceptance of the award, release of the State from further liability and the making of the apology.
C. The program shall allow claimants to be accompanied in all steps of the process by friends, family and other support people.
D. The program shall promote provision of support and immediate access to counseling resources for claimants recounting their experiences, especially those disclosing abuse for the first time.
E. The program shall inform as many former students as possible about the program and give those students an opportunity to apply for compensation.
F. The program shall work with former students and their families in situations in which the former student is not capable of making decisions concerning participation in the program.
G. The program shall develop a plan for working with and providing services to former students no longer living in the State.
H. The program may employ only persons who do not have any personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant.
2. Program guidelines. The authority shall adopt program guidelines as the theoretical and practical bases for the operation of the program that are consistent with subsection 1, using the following sources as guidance:
A. The final report of the Committee to Develop a Compensation Program for Victims of Abuse at the Governor Baxter School for the Deaf, established by Resolve 1999, chapter 127, Part B;
B. The guiding principles that have been adopted and used by other compensation programs as bases for operation of the programs;
C. The report of the Law Commission of Canada, "Restoring Dignity: Responding to Child Abuse in Canadian Institutions," issued in 2000;
D. Judicial practice, in the State and elsewhere, concerning the awarding of damages; and
E. Any other reports, rules or other sources the authority determines useful.
3. Process. The program guidelines are not rules and the authority is not required to proceed under the Maine Administrative Procedure Act in adopting the program guidelines, although the authority may hold public hearings and solicit comments as provided in that Act. In developing the program guidelines, the authority shall seek input from and work as collaboratively as possible with all interested parties and groups, including the deaf community.
§22008. Status of members and employees
1. State employees. Members and employees of the authority may not be construed to be state employees for the purpose of the state civil service provisions of Part 2 and chapter 372, and any other purpose except for the following:
A. Employees of the authority are deemed state employees for the purposes of the state retirement provisions of Part 20, and the state employee health insurance program under chapter 13, subchapter II; and
B. For the purposes of the Maine Tort Claims Act, the authority is deemed a governmental entity and its members and employees are deemed employees as those terms are defined in Title 14, section 8102.
2. Limitation of liability. A person who is a member of the authority or an employee of the authority is not subject to personal liability for having acted within the course and scope of the person's membership or employment to carry out any power or duty under this chapter. The authority shall indemnify a member or employee of the authority against expenses actually and necessarily incurred by the person in connection with the defense of any action or proceeding in which the person is made a party by reason of past or present association with the authority.
§22009. Public proceedings and records; confidentiality
1. Public proceedings and records. Except as provided in subsection 2, all meetings and records of the authority are subject to the provisions of Title 1, chapter 13, subchapter I.
2. Confidential. All information provided by a claimant or a claimant's family is confidential until the claim is submitted to the compensation panel. Once the claim is submitted to the compensation panel, the claim is a public record.
This chapter is repealed on July 1, 2007.
SUBCHAPTER II
THE BAXTER COMPENSATION PROGRAM
§22021. Baxter Compensation Program
1. Purposes. The purposes of the Baxter Compensation Program are:
A. To provide compensation to former students who suffered abuse by a state employee or as a result of state action or inaction while students at either the Maine School for the Deaf or the Governor Baxter School for the Deaf;
B. To assist in the victims' healing process by admitting the State's responsibility for not protecting students from abuse by a state employee or as a result of state action or inaction while the victims were attending the Maine School for the Deaf or the Governor Baxter School for the Deaf; and
C. To apologize to the students who were abused and to their families.
2. Program director; duties. The program director shall direct the program.
A. The program director is responsible for hiring, supervising and firing all employees authorized by the authority. The program director shall maintain only the number of employees necessary to operate the program.
B. The program director is responsible for the day-to-day operations of the program, including overseeing the work of the claims consultants.
C. The program director shall report to the authority on a regular basis as determined by the authority, and shall keep the authority informed about the program and its operation.
D. The program director shall maintain communication with the deaf community and other potential beneficiaries of the program.
E. The program director may not have any personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant.
3. Location; travel. The program must be established in a central office location. The program director and all program personnel, including the claims consultants and the compensation panel are based in the central office. Claim consultants may travel as needed to assist claimants in preparing their claims. The compensation panel may travel as needed to carry out its responsibilities.
4. Claims consultants. The program director shall hire a sufficient number of claims consultants to work with the persons applying for compensation. Claims consultants must be selected to provide personal and professional diversity sufficient to allow claimants to select the claims consultant with whom they feel the most comfortable.
A. The qualifications for claims consultants include:
(1) Fluency in American Sign Language;
(2) Knowledge of or familiarity with abuse and its effects;
(3) Knowledge of or familiarity with deaf culture;
(4) Ability to work with deaf interpreters;
(5) Ability to work with and refer claimants to therapists and counselors; and
(6) An absence of personal bias with regard to the Governor Baxter School for the Deaf, any employee of the Governor Baxter School for the Deaf or any claimant.
B. The duties of claims consultants include:
(1) Working with claimants and potential claimants;
(2) Helping claimants prepare their materials for submission to the compensation panel;
(3) Recording claimants' stories and experiences for use in the claims process, including presentation to the compensation panel in written, audio or audio visual formats;
(4) Assisting claimants in collecting and corroborating information;
(5) Explaining the compensation program process to claimants;
(6) Explaining the decision of the compensation panel;
(7) Assisting claimants in assembling the materials necessary to appeal the compensation panel's decision to the appeal board;
(8) Referring claimants to a professional outside the program in order to secure legal and financial advice;
(9) Referring claimants to counseling when appropriate; and
(10) Other reasonable duties necessary for the operation of the program as assigned by the program director.
A claimant is not required to use the services of a claims consultant to file a claim for compensation.
A person is eligible to receive compensation if:
1. Victim of abuse. That person was abused by a state employee or as a result of state action or inaction while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf, and the abuse occurred either at the school or was associated with the school;
2. Date of abuse. The abuse occurred prior to January 1, 2001; and
3. Filing deadline. The claim for compensation is filed with the program by March 31, 2006.
1. Application. A person may apply for compensation by submitting a completed claim form to the program.
2. Submit to compensation panel. The claimant or, if requested by the claimant, a claims consultant shall submit the information about the claim to the compensation panel.
The compensation panel shall issue a decision on each submitted claim. The decision consists of 2 parts.
1. Eligibility determination. The compensation panel shall determine whether the claimant is eligible to receive compensation. For the claimant to be eligible for compensation, the compensation panel must determine that:
A. The claimant was a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf. The compensation panel may use reliable information in addition to the information included in the claim;
B. The allegation of abuse includes abuse that occurred before January 1, 2001; and
C. The claimant was abused by a state employee or as a result of state action or inaction while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf. The compensation panel shall make this determination if the compensation panel finds there is a reasonable likelihood that the claimant was abused while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf. The abuse may have occurred at either school or elsewhere, but the abuse must have been associated with attendance or residence at either school while the State was responsible for the claimant's care and custody.
2. Determination of compensation amount. If the compensation panel determines that the claimant is eligible under subsection 1, the compensation panel shall review the claim to determine the amount of compensation. The panel shall apply the criteria adopted under section 22002, subsection 6, paragraph G, to the facts of the claim to determine which level of compensation is to be awarded. When making the determination, the panel shall award compensation at the highest level that the facts of the claim support.
3. Decision. The compensation panel shall complete its decision within 60 days of the filing of the complete claim with the compensation panel.
4. Communication of the decision. The compensation panel shall provide to the claims consultant who assisted the claimant or, if no claims consultant assisted the claimant, to a claims consultant a written statement of the decision, including separate findings on each of the determinations. The claims consultant shall provide the statement and explain its content and meaning to the claimant. The claims consultant shall also explain the options available to the claimant if the claimant is not satisfied with the compensation panel's decision.
1. Appeal. If the claimant is not satisfied with the final decision of the compensation panel, the claimant may appeal the decision to the appeal board. The appeal must be submitted within 60 days of the communication of the decision to the claimant, although the appeal board may extend the time limit for good cause.
2. Appeal costs. If the claimant appeals the decision, the claimant is responsible for paying the costs of the appeal as follows.
A. If the claimant is appealing the compensation panel's decision under section 22024, subsection 1 that the claimant is not eligible for compensation, the claimant is not required to pay any appeal costs.
B. If the claimant is appealing the compensation panel's decision under section 22024, subsection 2 regarding the level of compensation, the costs must be paid as follows:
(1) If the appeal board disagrees with the claimant and upholds the compensation panel's decision, the appeal cost is $2,500, to be withheld from the compensation payment; or
(2) If the appeal board agrees with the claimant and increases the compensation award of the compensation panel, the claimant is not required to pay any appeal cost.
3. Assistance of claims consultant. At the request of a claimant, a claims consultant shall assist the claimant in assembling the materials necessary to appeal the decision.
4. Appeal on record and appeal documents. The appeal board may make the decision on the appeal based solely on the record of the claim and documents submitted with the appeal. The appeal board is not required to conduct a hearing or take testimony, but may do so if it so chooses.
5. Standard of review. The appeal board shall review the decision of the compensation panel and may overrule the decision only if the appeal board determines the decision of the compensation panel is arbitrary and capricious.
6. Decision. The appeal board shall complete its decision within 60 days of the filing of the appeal with the appeal board.
7. Communication of decision. The appeal board shall provide to the claims consultant a written statement of the appeal board's decision. The claims consultant shall provide the statement and explain its content and meaning to the claimant.
8. Decision final. The decision of the appeal board is final and is not appealable to any court or other authority.
1. Notification. The claimant shall notify a claims consultant whether the claimant will accept the compensation awarded by the program.
2. Release. To receive payment of the compensation, the claimant must release the State from any further liability by signing a release form provided by the program.
3. Financial advice. A claims consultant shall provide to the claimant who has been awarded compensation the names and addresses of professionals who have agreed to work with claimants to provide financial advice.
The program shall pay compensation within 30 days of the final compensation decision, or as soon thereafter as possible.
1. Personal apology. When the program pays compensation, the State shall issue a personal apology to the claimant.
2. Process. The State shall issue the apology as follows.
A. The program director shall prepare the apology, and deliver the document to the Legislature and the Governor.
B. The President of the Senate, the Speaker of the House of Representatives and the Governor shall personally sign the apology document.
SUBCHAPTER III
SERVICES
1. Referrals. Claims consultants shall refer claimants and their families for counseling when the claims consultants believe such referral may be helpful.
2. Counseling. Claimants are eligible for counseling without cost to them as provided through the Department of Mental Health, Mental Retardation and Substance Abuse Services. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall continue to provide counseling services for former students of the Governor Baxter School for the Deaf and the Maine School for the Deaf.
Sec. T-6. 20-A MRSA §7412, sub-§3, as enacted by PL 1999, c. 731, Pt. PPP, §1, is amended to read:
3. Nonlapsing fund; transfer to General Fund. Any Until July 1, 2007, any unexpended funds remaining in the fund may not lapse but must be carried forward for the benefit of the fund. On July 1, 2007, any unexpended funds remaining in the fund must be transferred to the General Fund.
Sec. T-7. 20-A MRSA §7412, sub-§4, as enacted by PL 1999, c. 731, Pt. PPP, §1, is repealed.
Sec. T-8. Baxter Compensation Authority Other Special Revenue Fund account established. Notwithstanding any other provisions of law, the Baxter Compensation Authority Other Special Revenue Fund account, referred to in this section as the "account," is established. The account is established for the purpose of receiving funds from any source and expending those funds for the payment of administration of the Baxter Compensation Authority established in the Maine Revised Statutes, Title 5, section 12004-G, subsection 26-E and for the payment of compensation to former students who were victims of abuse at the Governor Baxter School for the Deaf or its predecessors.
Sec. T-9. Transfer from Governor Baxter School for the Deaf Student Trust Fund. Notwithstanding any other provision of law, on October 1, 2001 the State Controller shall transfer $1,000,000 from the Governor Baxter School for the Deaf Student Trust Fund established in the Maine Revised Statutes, Title 20-A, section 7412 to the Baxter Compensation Authority Other Special Revenue Fund account to be made available by financial order upon the recommendation of the State Budget Officer and approval of the Governor.
Sec. T-10. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Part.
2001-02 2002-03
BAXTER COMPENSATION AUTHORITY
Baxter Compensation Authority
Positions - Legislative Count (4.000) (6.000)
Personal Services $79,710 $266,767
All Other 1,063,900 24,800
Provides funds for the costs associated with administering the Baxter Compensation Program. Funding is included for the salary, fringe benefits, office expenses and one-time start-up costs for one Program Director position, one Administrative Secretary position, one Claims Consultant position and one Certified Interpreter position in fiscal year 2001-02, for one additional Claims Consultant position and for one additional Certified Interpreter position in fiscal year 2002-03 and for per diem and expenses of members of the authority board and the compensation panel. Funding is also provided for the compensation due former students who were abused while attending the Governor Baxter School for the Deaf or the Maine School for the Deaf.
BAXTER COMPENSATION AUTHORITY ____________ ____________
TOTAL $1,143,610 $291,567
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