An Act To Protect Persons Who Provide Assistance to Law Enforcement Dogs, Search and Rescue Dogs and Service Dogs
Maine Legislature, Session 128, LD 1716
Committee: Judiciary
Sponsors: FAY, DIAMOND, BAILEY, BATTLE, COREY, ESPLING, HARRINGTON, MASTRACCIO, PERRY, TUELL
Amends: 14 MRSA §164-B

Legislative Document
No. 1716
H.P. 1196
House of Representatives, December 22, 2017
An Act To Protect Persons Who Provide Assistance to Law 
Enforcement Dogs, Search and Rescue Dogs and Service Dogs
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 19, 2017.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FAY of Raymond.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: BAILEY of Saco, BATTLE of South Portland, COREY of Windham, 
ESPLING of New Gloucester, HARRINGTON of Sanford, MASTRACCIO of Sanford, 
PERRY of Calais, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §164-B is enacted to read:
§164-B.  Immunity from civil liability for assistance given to law enforcement dogs, 
search and rescue dogs and service dogs
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Emergency medical services person" means a person who is licensed to provide 
emergency medical treatment.  "Emergency medical services person" includes 
emergency medical technicians and paramedics.
B.  "Law enforcement dog" means a dog trained for law enforcement use that is 
actively certified pursuant to federal, national, regional or state standards and that is 
owned or maintained by a law enforcement agency or other governmentally funded 
agency for law enforcement or security services.
C.  "Law enforcement dog handler" means a law enforcement officer or security 
professional who is trained to partner with a law enforcement dog in the performance 
of the law enforcement officer's or security professional's duties, who is actively 
certified pursuant to federal, national, regional or state standards and who is qualified 
to train, care for and work with a law enforcement dog.
D.  "Search and rescue dog" means a dog that is certified as a search and rescue dog 
by the Department of Inland Fisheries and Wildlife, Bureau of Warden Service or 
that is in training to become a search and rescue dog with an organization recognized 
by the Bureau of Warden Service to provide such training.
E.  "Service dog" has the same meaning as "service animal" in Title 5, section 4553, 
subsection 9-E.
2.  Immunity.  Notwithstanding any provision of any public or private and special 
law to the contrary, an emergency medical services person or a law enforcement dog 
handler who voluntarily, without the expectation of monetary or other compensation, 
renders first aid, emergency treatment or rescue assistance to a law enforcement dog, 
search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue 
assistance is not liable for damages for an injury alleged to have been sustained by the 
dog nor for damages for the death of the dog alleged to have occurred by reason of an act 
or omission in the rendering of the first aid, emergency treatment or rescue assistance 
unless it is established that the injury or the death was caused willfully, wantonly or 
recklessly or by gross negligence on the part of the emergency medical services person or 
law enforcement dog handler.
3.  Application.  This section applies to a member or employee of a nonprofit 
volunteer or governmental ambulance, rescue or emergency unit, whether or not a user or 
service fee may be charged by the nonprofit unit or the governmental entity and whether 
or not the member or employee receives a salary or other compensation from the 
nonprofit unit or the governmental entity.
This section applies to a law enforcement dog handler who voluntarily renders first aid, 
emergency treatment or rescue assistance to a law enforcement dog, search and rescue 
dog or service dog, to the extent the handler has received training in the medical 
stabilization of dogs and is authorized by the handler's employer to provide such care.
This section does not apply if the first aid, emergency treatment or rescue assistance is 
rendered on the premises of a veterinary hospital or clinic.
SUMMARY
This bill extends Good Samaritan liability protection to cover emergency medical 
services persons and law enforcement dog handlers who treat law enforcement dogs, 
search and rescue dogs and service dogs in emergency situations.