An Act To Clarify Immunity and Workers' Compensation for Search and Rescue Volunteers S ubmi tted by the Department of Defense, Veterans and Emergency Management pursuant to Joint Rule 204.
Maine Legislature, Session 121, LD 1435
Committee: Labor
Sponsors: DUPLESSIE, BRYANT, CLARK, DUNLAP, DUPREY, TRAHAN, WATSON, WHEELER, WOTTON
Amends: 14 MRSA §8102, 39-A MRSA §102

Legislative Document 
No. 1435 
H.P.1054 
House of Representatives, March 25, 2003 
An Act To Clarify Immunity and Workers' Compensation for 
Search and Rescue Volunteers 
S ubmi tted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative DUPLESSIE of Westbrook. 
Cosponsored by Senator BRYANT of Oxford and 
7J1~ 
1?1.1l/P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLARK of Millinocket, DUNLAP of Old Town, DUPREY of Medway, 
TRAHAN of Waldoboro, WATSON of Bath, WHEELER of Kittery, WOTTON of Littleton. 
Printed on recycled papt!f 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §8102, sub-§ 1, as amended by PL 1995, c . 196, 
Pt. D, §1, is further amended to read: 
1. 
Employee. 
"Employee" 
means a person acting on behalf 
of 
a 
governmental entity in 
any official capacity, 
whether 
temporarily 
or 
permanently, 
and 
whether 
with 
or 
without 
compensation 
from 
local, 
state 
or 
federal 
funds, 
including 
elected or appointed officials; volunteer firefighters as defined 
in Title 30-A, section 3151; emergency medical service personnel; 
members 
and staff of the Consumer Advisory Board pursuant to 
Title 34-B, section 1216; members of the Maine National Guard but 
only while performing state active service pursuant to Title 
-B; aRa sheriffs' deputies as defined in Title 30-A, section 
when they are serving orders pursuant to section 3135 T i 
and 
persons 
while 
performing 
a 
search 
and 
rescue 
activity 
when 
reguested by a state, county or local governmental entity, but 
the term "employee" does not mean a person or other legal entity 
acting 
in 
the 
capacity 
of 
an 
independent 
contractor 
under 
contract to the governmental entity. 
Sec. 2. 39-A MRSA §102, sub-§11, ~A, as amended by PL 2001, c. 
710, 
§18 and affected by §19, is further amended by amending 
subparagraph (2) to read: 
(2) 
Firefighters, including volunteer firefighters who 
are active members of a volunteer fire association as 
defined 
in 
Title 
3D-A, 
section 
3151; 
volunteer 
emergency medical services persons as defined in Title 
32, section 83, subsection 12; a person, , ... hether paid 
or unpaid while performing a search and rescue activity 
when reguested by a state, county or local governmental 
entity: and police officers are employees within the 
meaning of this Act. 
In computing the average weekly 
wage of an injured volunteer firefighter or volunteer 
emergency services person, the average weekly wage must 
be taken to be the earning capacity of the injured 
employee in the occupation in which the employee is 
regularly engaged. 
Employers who hire workers wi thin 
this State to work outside the State may agree with 
these workers that the remedies under this Act are 
exclusive as 
regards injuries received outside this 
State 
arising 
out 
of 
and 
in 
the 
course 
of 
that 
employment; and all contracts of hiring in this State, 
unless otherwise specified, 
are presumed to include 
such an agreement. Any reference to an employee who has 
been injured must, when the employee is dead, include 
the employee's legal representatives, 
dependents 
and 
other persons to whom compensation may be pClyable; 
Page l-LR1892(1) 
SUMMARY 
This bill includes under the definition of state "employee" 
for Workers' Compensation and immunit~ purposes a person, whether 
paid or unpaid, who performs a search and rescue acti vi ty upon 
request of a state, county or local government.