An Act to Protect Certam Pnvate Emergency Services Personnel from L1ab1hty Under the Mame Tort Claims Act
Maine Legislature, Session 131, LD 0783
Committee Amendment CA_A_S350 (Senate)
Amends: 14 MRSA §8102

COMNIITTEE AMENDMENT "fl " to SP 342, L D 783, "An Act to Protect 
Certam Pnvate Emergency Services Personnel from L1ab1hty Under the Mame Tort Claims 
Act" 
Amend the bill m sect10n I m subsect10n I m paragraph C m the first 5 Imes (page I, 
Imes 9 to 13 m L D) by stnkmg out the followmg ", except that a person who 1s a pnvate 
firefighter, a pnvate emergency medical services employee or an employee of another 
pnvate service that provides an emergency response 1s an employee for purposes of this 
chapter only 1f the person is actmg without compensat10n and either at the request of a 
governmental entity or m response to a hfe-threatemng emergency" 
Amend the bill m section I m subsect10n I m paragraph E m the last lme (page I, lme 
m L D ) by stnkmg out the followmg "and" 
Amend the bill m section I m subsection I m paragraph F m the last lme (page 1, lme 
m L D) by stnkmg out the followmg "entity" and msertmg the followmg 'entity, and' 
Amend the bill m section I m subsection I by msertmg after paragraph F the followmg 
'G Mutual aid emergency response personnel ' 
Amend the bill by msertmg after section I the followmg 
'Sec. 2. 14 MRSA §8102, sub-§1-B 1s enacted to read 
1-B Mutual aid emergency response employer "Mutual aid emergency response 
employer" means the Bath Iron Works Corporation or its successor solely with respect to 
mutual aid emergency response personnel actmg pursuant to a mutual aid agreement with 
a state or mumc1pal entity or m response to a request for aid from a state or mumc1pal 
entity 
Sec. 3. 14 MRSA §8102, sub-§1-C 1s enacted to read 
1-C Mutual aid emergency response personnel "Mutual aid emergency response 
personnel" means the profess10nally tramed firefightmg, emergency medical service or 
rescue personnel employed by the Bath Iron Works Corporation or its successor when 
COMMITTEE AMENDMENT 
ot:o 
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23\ 
COMMITTEE AMENDMENT" f1" to SP 342, L D 783 
actmg pursuant to a mutual aid agreement with a state or mumc1pal entity or m response to 
a request for aid from a state or mumc1pal entity 
Sec. 4. 14 MRSA §8102, sub-§3, as amended by PL 2011, c 520, §1, 1s furthe1 
amended to read 
3. Pobt1cal subd1v1s1on. "Political subd1v1s1on" means any city, town, plantat10n, 
county, admmistrat1ve entity or mstrumentality created pursuant to Title 30-A, chapters 
and 119, mcorporated fire-fightmg umt that 1s orgamzed under Title 13-B and 1s 
officially recogmzed by any authonty created by statute, quas1-mumcipal corporat10n and 
special purpose distnct, mcludmg, but not limited to, any water district, samtary distnct, 
hospital district, school distnct of any type, an airport authonty established pursuant to 
Trtle 6, chapter 10, any volunteer fire assoc1at1on as defmed m Title 3 0-A, sect10n 3151, a 
transit distnct as defined m Title 3 0-A, sect10n 3501, subsection 1, a reg10nal transportation 
corporat10n as defined m Title 3 0-A, sect10n 3501, subsection 2, a transit district or reg10nal 
transportation corporation fonned under the laws of another state that would qualify as a 
transit distnct or regional transportation corporation under Title 30-A, chapter 163 1f 
formed under the laws of this State and.,, any emergency medical service and a mutual aid 
emergency response employer ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment removes an exception to emergency medical services personnel and 
adds mutual aid emergency 1esponse pe1sonnel to the defm1tlon of "employee" for purposes 
of tort clanns The amendment clanfies that pnvate emergency response umts employed 
by the Bath Iron Works Corporation or its successor are considered employees for the 
purposes of the Mame Tort Claims Act only when the umts are actmg pursuant to a mutual 
aid agreement with a state or mumcipal entity or m response to a request for aid from a 
state or mumc1pal entity 
COMMITTEE AMENDMENT