An Act to Provide a Death Benefit for Department of Transportation Workers

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 437 - L.D. 669
An Act to Provide a Death Benefit for Department of Transportation
Workers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §1532, sub-§6, as amended by PL 2019, c. 658, §1, is further
amended to read:
6. Death benefits. The Governor shall allocate funds from the stabilization fund as
needed to pay benefits due pursuant to Title 25, chapter 195‑A. Allocations may be made
upon written request of the Chief of the State Police, the State Fire Marshal, the Director
of Maine Emergency Medical Services or , the Commissioner of Corrections or the
Commissioner of Transportation and after consultation with the State Budget Officer.
Sec. 2. 25 MRSA c. 195-A, headnote is amended to read:
CHAPTER 195-A
DEATH BENEFITS FOR LAW ENFORCEMENT OFFICERS, FIREFIGHTERS,
EMERGENCY MEDICAL SERVICES PERSONS, DEPARTMENT OF
CORRECTIONS LAW ENFORCEMENT OFFICERS AND CORRECTIONS
OFFICERS AND DEPARTMENT OF TRANSPORTATION EMPLOYEES WHO
DIE WHILE IN THE LINE OF DUTY
Sec. 3. 25 MRSA §1611, sub-§1-D is enacted to read:
1-D. Department of Transportation employee. "Department of Transportation
employee" means a person who is employed by the Department of Transportation and who
performs official duties:
A. On state or state aid highways;
B. On bridges, culverts and related structures;
C. On rail, port, aviation or transportation facilities under the authority or supervision
of the Department of Transportation;
APPROVED
APRIL 16, 2026
BY GOVERNOR
CHAPTER
749
PUBLIC LAW
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D. In transportation construction or maintenance zones; or
E. On any other transportation project or property owned, maintained or administered
by the Department of Transportation.
A Department of Transportation employee is considered to be performing official duties
when acting within the scope of employment or authorization by the Department of
Transportation.
Sec. 4. 25 MRSA §1612, sub-§1, as amended by PL 2023, c. 433, §4, is further
amended to read:
1. Amount; recipients. In a case in which the chief determines under rules adopted
pursuant to this section that a law enforcement officer has died while in the line of duty, in
a case in which the State Fire Marshal determines under rules adopted pursuant to this
section that a firefighter has died while in the line of duty, in a case in which the director
determines under rules adopted pursuant to this section that an emergency medical services
person has died while in the line of duty or , in a case in which the Commissioner of
Corrections determines under rules adopted pursuant to this section that a Department of
Corrections law enforcement officer or corrections officer has died while in the line of duty
prior to July 1, 2021 or in a case in which the Commissioner of Transportation determines
under rules adopted pursuant to this section that a Department of Transportation employee
has died while performing official duties, the State shall pay a benefit of $100,000. When
determining whether an individual has died while in the line of duty, the chief, the State
Fire Marshal, the director or the Commissioner of Corrections, as applicable, shall evaluate
whether an individual who died by suicide died as a result of events or actions experienced
by the individual while in the line of duty.
Beginning July 1, 2021 and annually thereafter, the benefit amount must be indexed to the
Consumer Price Index whenever there is a percentage increase in the Consumer Price Index
from July 1st to June 30th of the previous year. A firefighter, law enforcement officer,
emergency medical services person, Department of Corrections law enforcement officer or
corrections officer who dies while in the line of duty, or a Department of Transportation
employee who dies while performing official duties, must be paid the benefit amount as
indexed immediately prior to that firefighter's, law enforcement officer's, emergency
medical services person's, Department of Corrections law enforcement officer's or
corrections officer's or Department of Transportation employee's death. The Department
of Administrative and Financial Services shall adopt rules to calculate the annual
percentage increase in the death benefit.
The State shall pay the benefit as follows:
A. If there is no surviving child of the firefighter, law enforcement officer, emergency
medical services person, Department of Corrections law enforcement officer or
corrections officer or Department of Transportation employee, to the surviving spouse
of the person;
B. If there is a surviving child or children and a surviving spouse of the firefighter, law
enforcement officer, emergency medical services person, Department of Corrections
law enforcement officer or corrections officer or Department of Transportation
employee, 1/2 to the surviving child or children in equal shares and 1/2 to the surviving
spouse;
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C. If there is no surviving spouse of the firefighter, law enforcement officer,
emergency medical services person, Department of Corrections law enforcement
officer or corrections officer or Department of Transportation employee, to the child
or children in equal shares; or
D. If there is no surviving child or spouse, to the parent or parents of the firefighter,
law enforcement officer, emergency medical services person, Department of
Corrections law enforcement officer or corrections officer or Department of
Transportation employee in equal shares.
Sec. 5. 25 MRSA §1612, sub-§2, ¶E is enacted to read:
E. When the Commissioner of Transportation determines upon showing of need and
prior to final action that the death of a Department of Transportation employee is a
death for which a benefit will probably be paid, the commissioner may make an interim
benefit payment not exceeding $3,000 to the individual or individuals entitled to
receive a benefit under subsection 1 in the manner set out in subsection 1.
Sec. 6. 25 MRSA §1612, sub-§4, as amended by PL 2023, c. 433, §7, is further
amended to read:
4. Repayment of interim payment; waiver. If a final benefit is not paid, the recipient
or recipients of any interim payment under subsection 2 are liable for repayment of the
amount received. The State Fire Marshal in the case of a firefighter, the chief in the case
of a law enforcement officer, the director in the case of an emergency medical services
person or, the Commissioner of Corrections in the case of a Department of Corrections law
enforcement officer or a corrections officer or the Commissioner of Transportation in the
case of a Department of Transportation employee may waive all or part of the repayment
if that official determines that undue hardship would result from that repayment.
Sec. 7. 25 MRSA §1612, sub-§8, as amended by PL 2019, c. 658, §6, is further
amended to read:
8. Rulemaking. The State Fire Marshal, the chief, the Emergency Medical Services'
Board and, the Department of Corrections and the Department of Transportation shall adopt
rules to carry out the purposes of this section, except that the Department of Administrative
and Financial Services shall adopt rules as required by subsection 1. Rules adopted
pursuant to this section are routine technical rules as defined in Title 5, chapter 375,
subchapter 2‑A.
Sec. 8. State shall pay death benefits to families of James Brown and
Dwayne Campbell. Notwithstanding any provision of law to the contrary, the State shall
pay a death benefit in the amount of $100,000 to the family of James Brown and in the
amount of $100,000 to the family of Dwayne Campbell from the Maine Budget
Stabilization Fund, as established in the Maine Revised Statutes, Title 5, section 1532,
indexed to the Consumer Price Index, as defined in Title 25, section 1611, subsection 1-A
and as described in Title 25, section 1612, subsection 1.