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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 489
H.P. 1054 - L.D. 1435

An Act To Clarify Immunity and Workers' Compensation for Search and Rescue Volunteers

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 37-B; and sheriffs' deputies as defined in Title 30-A, section 381 when they are serving orders pursuant to section 3135,; and persons while performing a search and rescue activity when requested 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, ¶F is enacted to read:

     Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

INLAND FISHERIES AND WILDLIFE,
DEPARTMENT OF

Departmentwide - Inland Fisheries
and Wildlife 0600

Initiative: Allocates funds for the purchase of workers' compensation coverage for search and rescue workers as certified by the Director of the Maine Emergency Management Agency pursuant to the provisions of the Maine Revised Statutes, Title 39-A, section 102, subsection 11, paragraph F.
Other Special Revenue Funds 2003-04 2004-05

Effective September 13, 2003, unless otherwise indicated.

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