Maine Revised Statutes Title 37-B Sec. 183 – Human health emergencies
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Personnel and equipment of the Maine National Guard may be employed in the case of human health emergencies. [PL 1995, c. 600, §4 (AMD).]
1. Activation of Maine National Guard. In the event of illness, injury, missing persons or loss of life, creating an emergency that requires specialized personnel or equipment of the Maine National Guard to prevent human suffering, increased health risk or loss of life, the Governor or the Governor’s designee may order into active state service the necessary personnel and equipment of the Maine National Guard. Human health emergencies may include medical evacuation and search and rescue under Title 6, section 303 and Title 12, section 10105, which may include providing emergency helicopter airlift service. Any person ordered into active state service, for the purposes of this subsection, is considered a state employee for purposes of the Maine Tort Claims Act and that person’s liability is limited by that Act.
[PL 2003, c. 414, Pt. B, §69 (AMD); PL 2003, c. 614, §9 (AFF).]
Terms Used In Maine Revised Statutes Title 37-B Sec. 183
- active state service: means all military duty performed as a member of the state military forces pursuant to this Title or the United States Code, Title 32. See Maine Revised Statutes Title 37-B Sec. 101-A
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
2. Immunity from civil liability. In addition to all existing tort immunities enumerated in the Maine Tort Claims Act any person ordered into active state service, for the purposes of this section, is immune from civil liability for damages to the same extent as any person who renders assistance pursuant to Title 14, section 164.
[PL 1995, c. 600, §4 (AMD).]
3. Accounting. At least 30 days before the end of each fiscal year, the Adjutant General shall prepare an accounting of all expenses incurred pursuant to this section since any prior accounting and shall present this accounting to the Commissioner of Health and Human Services for payment.
[PL 1995, c. 600, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
4. Reimbursement.
[PL 1995, c. 600, §4 (RP).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §8 (AMD). PL 1987, c. 334 (AMD). PL 1995, c. 600, §4 (AMD). PL 2003, c. 414, §B69 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 689, §B7 (REV).