An Act To Protect Volunteer Search and Rescuers Certified by the Maine Association for Search and Rescue from Adverse Employment Actions
Maine Legislature, Session 129, LD 0886
Committee Amendment CA_A_H447 (House)

COMMITTEE AMENDMENT "/+, to H.P. 660, L.D. 886, Bill, "An Act To 
Protect Volunteer Search and Rescuers Certified by the Maine Association for Search and 
Rescue from Adverse Employment Actions" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Search and Rescue Volunteers Certified by the Maine 
Association for Search and Rescue from Adverse Employment Actions' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 26 MRSA c. 7, sub-c. 4-D is enacted to read: 
SUBCHAPTER 4-D 
SEARCH AND RESCUE VOLUNTEERS; ABSENCE FROM WORK 
§810. Absence for emergency response 
1. Definitions. As used in this subchapter, unless the context otherwise indicates, 
the following tenns have the following meanings. 
A. 
"Employer" means any private or public employer. including the State and 
political subdivisions of the State. 
B. 
"Recognized organization" means a nonprofit search and rescue organization 
recognized by the Department of Inland Fisheries and Wildlife. BlU'eau of Warden 
Service. 
C. "Search and rescue" means a search, rescue or search and rescue. 
D. "Search and rescue volunteer" means a person who is certified in search and 
rescue practices and procedlU'es by a recognized organization. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .t4,, to H.P. 660, L.D. 886 
2. Prohibition against discharge or disciplinary action. An emplover may not 
discharge or take any other disciplinary action against or otherwise discriminate against 
an employee because of the employee's failure to report for work at the beginning of the 
employee's regular working hours or the employee's absence during the employee's 
regular working hours if the employee's failure to repo1t or absence was because the 
employee was responding to a search and rescue operation requested by a law 
enforcement agency in the employee's capacity as a search and rescue volunteer and the 
employee rep01ted for work as soon as reasonably possible after being released from the 
search and rescue operation. An employer may charge the lost time against the 
employee's regular pay or against the employee's available leave time. This subsection 
does not apply to the absence of an employee if the employee has been designated as 
essential by the employer pursuant to subsection 6. 
3. Notification; verification. An employee responding as a search and rescue 
volunteer to a search and rescue operation, the employee's designee or the search and 
rescue operation supervisor shall make every effort to immediately notify the employer 
that the employee may be late arriving to work or absent from work as a result of 
responding to a search and rescue operation requested by a law enforcement agency prior 
to or during the employee's regular working hours. At the request of an employer. an 
employee losing work time as provided in subsection 2 shall provide the employer with a 
statement from the official in charge of the recognized organization, the official's 
designee or a law enforcement official responsible for the search and rescue operation 
verifying that the employee was responding to a search and rescue operation and 
specifying the date and time of release from the operation. 
4. Enforcement; penalty for violation. If an employer has violated subsection 2, 
the employee may bring an action in Superior Court in the county in which the employee 
resides or in the county in which the employer's place of business is located. The action 
must be brought within one year of the date of the alleged violation. If the court finds that 
the employer violated subsection 2 and if the employee so requests. the court shall order 
the employer to reinstate the employee in the employee's fo1mer position without 
reduction of pay. seniority or other benefits. The court also shall order any other 
appropriate remedy necessary to return the employee to the position the employee would 
have been in had the employer not violated subsection 2. including payment of back pay 
and reinstatement of any other benefits lost during the period in which the discharge or 
disciplinary action was in effect. 
5. Individual agreements. This section does not apply if the employer and the 
employee have entered into a written agreement, signed by the employer and the 
employee, that governs procedures to be followed when the employee is called to respond 
to a search and rescue operation as a search and rescue volunteer. 
6. Designation as essential. Upon receiving notice of an employee's search and 
rescue volunteer status. an employer may designate the employee essential to the 
employer's operations if the absence of the employee would cause significant disruption 
of the employer's business. This designation must be made in writing and signed by both 
the employee and the employer. 
7. Information to be filed by the employee with the employer. This section 
applies only if: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/)" to H.P. 660, L.D. 886 
A. The recognized organization in charge of calling out search and rescue volunteers 
has a written policy that: 
(1) Specifies the circumstances under which search and rescue volunteers will be 
ordered to remain at a search and rescue operation: and 
(2) 
Affirms that search and rescue volunteers will be released as soon as 
practicable: and 
B. The employee presents a copy of the policy described in paragraph A to the 
employer upon notifying the employer of the employee's status as a search and rescue 
volunteer, within 30 days of employment or within 180 days of the effective date of 
this subsection. 
An employee shall notify the employer of any change to the employee's status as a search 
and rescue volunteer, including termination of that status within 30 days of the change.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the bill consistent with the Maine Revised Statutes, Title 26, 
section 809, concerning absence for emergency response. 
It adds a definition for 
"recognized organization" and changes terminology from "volunteer search and rescue" 
to "search and rescue volunteer." 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/30/19 .fb?ac.. 
LD886 
LR 305(02) 
An Act To Protect Volunteer Search and Rescuers Certified by the Maine Association for Search and 
Rescue from Adverse Employment Actions 
Fiscal Note for Bill as Amended by Committee Amendment ~,{ /1-'1'1!) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts. 
LR0305(02) - Fiscal Note - Page 1 of 1