APPROVED CHAPTER
JUNE 26, 2023 311
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 342 - L.D. 783
An Act to Protect Certain Private Emergency Services Personnel from
Liability Under the Maine Tort Claims Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §8102, sub-§1, as amended by PL 2003, c. 489, §1, is repealed
and the following enacted in its place:
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:
A. Elected or appointed officials;
B. Volunteer firefighters as defined in Title 30‑A, section 3151, subsection 4;
C. Emergency medical services personnel;
D. Members of the Maine National Guard but only while performing state active
service pursuant to Title 37‑B;
E. Sheriff's deputies as described in Title 30‑A, section 381 when they are serving
orders pursuant to section 3135;
F. Persons while performing a search and rescue activity when requested by a state,
county or local governmental entity; and
G. Mutual aid emergency response personnel.
"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. 14 MRSA §8102, sub-§1-B is 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 acting pursuant to a mutual aid agreement with
a state or municipal entity or in response to a request for aid from a state or municipal
entity.
Sec. 3. 14 MRSA §8102, sub-§1-C is enacted to read:
Page 1 - 131LR1456(03)
 1-C. Mutual aid emergency response personnel. "Mutual aid emergency response
personnel" means the professionally trained firefighting, emergency medical service or
rescue personnel employed by the Bath Iron Works Corporation or its successor when
acting pursuant to a mutual aid agreement with a state or municipal entity or in response to
a request for aid from a state or municipal entity.
Sec. 4. 14 MRSA §8102, sub-§3, as amended by PL 2011, c. 520, §1, is further
amended to read:
3. Political subdivision. "Political subdivision" means any city, town, plantation,
county, administrative entity or instrumentality created pursuant to Title 30‑A, chapters
115 and 119, incorporated fire-fighting unit that is organized under Title 13‑B and is
officially recognized by any authority created by statute, quasi-municipal corporation and
special purpose district, including, but not limited to, any water district, sanitary district,
hospital district, school district of any type, an airport authority established pursuant to
Title 6, chapter 10, any volunteer fire association as defined in Title 30‑A, section 3151, a
transit district as defined in Title 30‑A, section 3501, subsection 1, a regional transportation
corporation as defined in Title 30‑A, section 3501, subsection 2, a transit district or regional
transportation corporation formed under the laws of another state that would qualify as a
transit district or regional transportation corporation under Title 30‑A, chapter 163 if
formed under the laws of this State and, any emergency medical service and a mutual aid
emergency response employer.
Page 2 - 131LR1456(03)


Statutes affected:
Bill Text LD 783, SP 342: 14.8102
Bill Text ACTPUB , Chapter 311: 14.8102