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Chapter
3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF
STATE MILITARY FORCES
§101. Purpose
The Military Bureau has jurisdiction over
and responsibility for the administration of the state military forces and the
Maine Military Authority. [2003, c. 342, §1 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 2003, Ch. 342, §1
(AMD).
§101-A. Definitions
1.
Active state service. As used in this Title, "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. [1995, c. 196, Pt. B, §1 (amd).]
2.
Military forces. "Military forces" means the state military
forces, as defined in section 102. [1987, c. 230, §
1 (new).]
PL 1987, Ch. 230, §1
(NEW).
PL 1995, Ch. 196, §B1
(AMD).
§102. Composition
1.
State military forces. The state military forces shall consist of: [2003, c. 342, §2 (amd).]
A. The Maine Army National Guard and the Maine Air National Guard,
referred to in this Title as the "National Guard," when either or
both are not in federal service, but not the Maine Military Authority; and
[2003, c. 342, §2 (amd).]
B. The militia, the naval militia and the Maine State Guard when
and if organized by direction of the Governor pursuant to the authority set
forth in subchapter IV.
[2001, c. 662, §15 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §15
(AMD).
PL 2003, Ch. 342, §2
(AMD).
§103. Commander
in Chief
The Governor shall be the constitutional
Commander in Chief of the military forces of the State, except for components
thereof which may, at times, be in the service of the United States. It shall
be the duty of the Governor as Commander in Chief to prescribe orders, rules
and other administrative procedures necessary to maintain the standard of
organization and armament for the state military forces required by the laws
and regulations of the United States. Subject to regulations prescribed by the
federal military establishment, the Governor shall establish administrative
procedures necessary to insure that adequate numbers of officers, warrant
officers and enlisted men are appointed, commissioned and enlisted into the
state military forces. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§104. Governor's military staff
The military staff of the Governor as
Commander in Chief consists of: [2001, c. 662,
§16 (amd).]
1.
Adjutant General. The Adjutant General, who is chief of staff; [2001, c. 662, §16 (amd).]
2.
Senior staff officers. The senior officer on duty with each of the staff
sections organized under section 105; and [1983, c.
460, §3 (new).]
3.
Other staff officers. Other staff officers as appointed from time to time
[2001, c. 662, §16 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §16
(AMD).
§105. Staff
organization
The Governor may create, organize,
abolish or reorganize staff sections that the Governor determines necessary to
provide for the National Guard, other state military forces and the Maine
Military Authority and appoint staff officers necessary to provide for the
operation of the staff sections. Officers of those sections shall perform the
duties required of them by law and those other duties not inconsistent with the
laws of the State that correspond to the duties performed by officers in
corresponding staff sections in the federal military establishment. [2003, c. 646, §4 (amd).]
1.
Personnel. [1993, c. 680, Pt. A, §32 (rp).]
2.
Contracts, leases, agreements, authorizations, notes or bonds. [1993, c. 680, Pt. A, §32 (rp).]
3.
Maine Veterans' Home Bonding Authority. [1993, c.
680, Pt. A, §32 (rp).]
PL 1983, Ch. 460, §3
(NEW).
PL 1987, Ch. 370, §12
(AMD).
PL 1993, Ch. 680,
§A32 (RPR).
PL 2003, Ch. 646, §4
(AMD).
§106. Assistant
adjutants general
The Adjutant General may, subject to the
approval of the Governor, appoint an assistant adjutant general for the Maine
Army National Guard and an assistant adjutant general for the Maine Air
National Guard, each with the qualifications set forth in section 107, who may
hold the grade of brigadier general and shall serve at the pleasure of the
Adjutant General. The assistant adjutant general for the Maine Army National
Guard shall be responsible for the general supervision of training and
administration of the Maine Army National Guard and the assistant adjutant
general for the Maine Air National Guard shall be responsible for the general
supervision of training and administration of the Maine Air National
Guard. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§107. Qualifications
for appointment of Adjutant General and assistant adjutant general
A person appointed Adjutant General or
assistant adjutant general must have attained the federally recognized rank of
Colonel in the Maine National Guard. [1999, c. 291,
§1 (rpr).]
1.
Hold commission. [1999, c. 291, §1 (rp).]
2.
Service. [1999, c. 291, §1 (rp).]
3.
Meet federal criteria for recognition. [1999, c.
291, §1 (rp).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §3
(AMD).
PL 1999, Ch. 291, §1
(RPR).
§108. Designation
of Deputy Adjutant General
The assistant adjutant general for the
Maine Army National Guard or the assistant adjutant general for the Maine Air
National Guard may be appointed as Deputy Adjutant General. The Deputy Adjutant
General has all the military related powers, responsibilities and duties of the
Adjutant General if the Adjutant General is unable to act, or in case of a
vacancy in the office of the Adjutant General until the vacancy is filled by
the Governor, as provided by law. The Deputy Adjutant General may also perform
other military duties of the Adjutant General as assigned by the Adjutant
General or the Governor. [1991, c. 376, §64 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 512, §1
(RPR).
PL 1991, Ch. 376, §64
(AMD).
§109. Deputy
Adjutant General as bureau director (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 1987, Ch. 634, §4
(RP ).
§110. Other
staff; aides-de-camp (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §17
(RP ).
§110-A. Honorary
military staff
The honorary military staff may consist
of not more than 11 aides-de-camp commissioned by the Governor to serve during
the Governor's term. Honorably discharged officers or enlisted personnel who
served in the Army, Air Force, Navy, Coast Guard or Marine Corps during any war
and who are not members of the state military forces may be appointed as
aides-de-camp with the rank of colonel. One may be a naval aide with the rank
of captain and one may be an Air Force aide with the rank of colonel.
Aides-de-camp may be detailed from the commissioned officers of the state
military forces, but officers so detailed may not be relieved from their
regular duties, except when on duty with the Commander in Chief. [2001, c. 662, §18 (new).]
PL 2001, Ch. 662, §18
(NEW).
§111. Enlisted personnel
As used in this chapter, "enlisted
man" or "enlisted men" means enlisted personnel, male or
female. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§112. State Area Command
The Adjutant General shall organize a
staff to be called a State Area Command, STARC. It shall command, control and
supervise Army National Guard units employed in support of civil authorities in
the protection of life, property and preservation of peace, order and public
safety under competent orders of state authorities. In the event of
mobilization of some or all Army National Guard units by the President of the
United States, it shall assist the State in organizing and training a militia,
if required, perform command and control functions in support of civil
authorities, as directed, and prepare to reconstitute the Army National Guard
and Air National Guard when units are relieved from federal service. It must be
commanded by a federally recognized officer who may be the Adjutant General or
an Assistant Adjutant General. [2001, c. 662,
§19 (amd).]
PL 1985, Ch. 16, §
(NEW).
PL 2001, Ch. 662, §19
(AMD).
Subchapter
2: ADMINISTRATION
§141. Military
Bureau accounts; Military Fund
All military accounts, unless otherwise
specially provided by law, shall be approved by the person authorized to
contract the accounts and transmitted to the Adjutant General for his
examination and approval. They shall then be presented to the State Controller. [1983, c. 460, § 3 (new).]
For the current expenses of the state
military forces, there shall be appropriated biennially a sum known as the
"Military Fund" which is necessary for the proper administration of
the Military Bureau. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§142. Military
personnel; appointment of officers; enlistment of enlisted personnel
Except as otherwise provided in this
chapter, the qualifications for appointment of officers and enlistment of
enlisted personnel and the procedures for promoting, transferring, discharging,
equipping, uniforming and training personnel of the state military force shall
be consistent with federal laws and regulations prescribed for the National
Guard. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§143. Pay and allowances
1.
Pay and allowances. Members of the Maine National Guard ordered to active
state service under this Title, except under section 150, are entitled to
receive at least the same pay and allowance as would be payable to those
persons from the United States Armed Forces. The member's pay, except for that
pay of those members serving under section 150, must include a minimum pay
based upon at least 12 hours a day at the state minimum wage. [1997, c. 455, §13 (new).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §4
(AMD).
PL 1997, Ch. 455, §13
(RPR).
§144. Civilian
employees
The Commander in Chief may authorize the
employment of civilian personnel in organizations in which there are vacancies
of necessary personnel when the organizations are on duty under his orders or
are called upon in aid of civil authorities. These civilian personnel, during
this employment, are subject to the laws and regulations for the government of
the state military forces and shall receive pay commensurate with these
duties. [1983, c. 594, § 5 (rpr).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §5
(RPR).
§145. Property
and fiscal officer
The Governor shall, subject to the
approval of the United States Secretary of the Army or the United States
Secretary of the Air Force, designate a qualified commissioned officer of the
Maine National Guard to be the United States property and fiscal officer. [1983, c. 460, § 3 (new).]
1.
Status; United States property and fiscal officer. The status of the United
States property and fiscal officer shall be that of a National Guard
commissioned officer of the Army or Air Force, as appropriate, on extended
active duty and detailed with the United States Department of Defense, National
Guard Bureau for administrative purposes. [1983, c.
460, § 3 (new).]
2.
Bond. The United States property and fiscal officer shall give a bond to
the United States for the faithful performance of his duties and for the
safekeeping and proper disposition of federal property and funds entrusted to
his care. The amount of the bond shall be determined by the United States
Secretary of the Army or the United States Secretary of the Air Force. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§146. Property purchase
1.
Conflict of interest. No officer authorized to make purchases or sales of
military property may be personally interested, directly or indirectly, in the
purchase or sale of the property; nor may an officer take pay other than that
allowed by law for negotiating or transacting the business of his office. [1983, c. 460, §3 (new).]
2.
Inspection of property. All property purchased under the authority of this
chapter shall be inspected by an officer designated by the Adjutant General. No
payment may be made for the property until the inspecting officer certifies
that the property is of the kind and quality specified in the contract of
purchase. [1983, c. 460, §3 (new).]
3.
Indebtedness contracted without authorization. No officer or enlisted
member may contract or authorize the contracting of any indebtedness on behalf
of the State, unless expressly authorized to do so. [2001, c. 662, §20 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §20
(AMD).
§147. Retired
officers and retired list
Officers are retired from the state
military forces and placed on the retired list as follows. [2001, c. 662, §21 (amd).]
1.
Discharge. Any officer who accepts an appointment in the Army, Air Force,
Navy, Marine Corps or Coast Guard of the United States, or who resigns from
service, must receive an honorable discharge, only if: [2001, c. 662, §21 (amd).]
A. That person is not under arrest or returned to a military court
for any deficiency or delinquency;
[2001, c. 662, §21 (amd).]
B. That person is not indebted to the State in any manner; and
[2001, c. 662, §21 (amd).]
C. The accounts of that person for money and public property are
correct.
[2001, c. 662, §21 (amd).]
2.
Rights. Any person who has served as a commissioned officer in the state
military forces for at least 9 years may, upon personal request, be placed upon
the retired list. When placed upon the retired list, an officer must be given
the highest rank that person held and federally recognized during the person's
term of service. Retired officers are entitled to wear the uniform of the rank
with which they were retired. No commissioned officer in the state military
forces may be removed from office without the person's consent, except by
sentence of a court-martial or by a board of officers in a manner prescribed by
law. [2003, c. 583, §5 (amd).]
3.
Active state service. Whenever the occasion requires, the Governor, the
Adjutant General or Deputy Adjutant General, with the individual's consent, may
order to active state service any retired officer, warrant officer or enlisted
person, with or without pay and allowances of that person's grade while
performing the service. [2001, c. 662, §21 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 1995, Ch. 196, §A1
(AMD).
PL 2001, Ch. 662, §21
(AMD).
PL 2003, Ch. 583, §5
(AMD).
§148. Discharge
An enlisted person discharged from the
state military forces shall receive a discharge in the form and with the
classification prescribed for the federal military establishment. Discharges
may be given prior to the expiration of periods of enlistment under these
regulations, not inconsistent with those established by the national military
establishment for the government of the National Guard, as the Governor may
prescribe. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§149. New organizations
When authorized by the national military
establishment, new organizations may be raised on petition to the Governor, or
by his order. When the minimum number of persons required by law has been
enlisted and notice thereof given to the Governor, he shall order an inspection
to be made by an officer of the National Guard, and if it is found that the
condition contemplated by law for federal recognition can be met by the new
organization, the Governor shall appoint commissioned officers for the new unit
and request an inspection to be made by an officer of the national military
establishment with a view to federal recognition. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§150. Unauthorized volunteer service
A unit of the state military forces may not
perform any voluntary active state service, unless authorized by express order
of the Governor. [1995, c. 196, Pt. A, §2 (amd).]
An officer, warrant officer or enlisted
person or any retired officer, retired warrant officer or retired enlisted
person of the state military forces may not perform any voluntary active state
service, unless authorized by express order of the Governor, the Adjutant
General or the Deputy Adjutant General. [1995, c.
196, Pt. A, §2 (new).]
PL 1983, Ch. 460, §3
(NEW).
PL 1995, Ch. 196, §A2
(AMD).
§151. Military
Lodging Fund
The Military Bureau may operate and
maintain lodging facilities for military personnel and collect a quarters fee
on behalf of both the federal government and the Military Bureau. The fees will
fund these lodging facilities. That portion of the fees due the Federal
Government will be transferred to the United States Property and Fiscal Officer
on a quarterly basis or as requested. Any balances remaining at the end of the
fiscal year do not lapse but must be carried forward to be used for the
purposes stated in this section. [1997, c. 455,
§14 (amd).]
PL 1983, Ch. 594, §6
(NEW).
PL 1997, Ch. 455, §14
(AMD).
§152. Armory
Rental Fund; authority to rent armories
1.
Fund established. The Armory Rental Fund is established in the Military
Bureau as a nonlapsing fund to assist in defraying the operation and
maintenance expenses of the Military Bureau's state-owned facilities. Funds in
the Armory Rental Fund are in addition to appropriations for these purposes
made to the Military Fund. [1995, c. 684,
§2 (new); §5 (aff).]
2.
Rental proceeds. Except as provided in section 353, rental proceeds from
the rental of armories under this section must be paid into the State Treasury
and credited to the Armory Rental Fund to be used for operation and maintenance
expenses at the various state-owned facilities of the Military Bureau. Rental
proceeds credited to the Armory Rental Fund are in addition to the
appropriations made for operation and maintenance expenses included for that
purpose in the Military Fund. [2003, c. 488,
§1 (amd); §5 (aff).]
PL 1995, Ch. 684, §2
(NEW).
PL 1995, Ch. 684, §5
(AFF).
PL 2003, Ch. 488, §1
(AMD).
PL 2003, Ch. 488, §5
(AFF).
§153. Authority
to rent armories
The Military Bureau may rent armories for
activities that do not conflict with the military training mission. [1995, c. 684, §2 (new).]
PL 1995, Ch. 684, §2
(NEW).
§154. Capital Repair Account
Except as provided in section 353, the
Capital Repair Account is established in the Military Bureau as a nonlapsing
fund to assist in defraying the capital repair of state-owned properties of the
Military Bureau. The bureau may not spend $300,000 or more for any single
capital repair project unless that expenditure is approved in advance by the
Legislature. Not later than January 1st of each odd-numbered year, the bureau
shall submit a list to the Legislature that identifies the location, nature and
cost of each planned capital repair project costing less than $300,000. [2003, c. 488, §2 (amd); §5 (aff).]
PL 1995, Ch. 684, §2
(NEW).
PL 2003, Ch. 488, §2
(AMD).
PL 2003, Ch. 488, §5
(AFF).
§155. Reimbursement
fund
The Maine National Guard may provide services
in accordance with section 181-A, subsections 4 and 5 and section 183 for
federal, state, county, regional and municipal governments and agencies and
nongovernmental entities and may charge for those services. Except as provided
in section 353, the fees collected must first be allocated for funding the cost
of providing those services, and any remaining fees may be expended only within
the Military Bureau. [2003, c. 488, §3 (amd); §5
(aff).]
PL 1997, Ch. 455, §15
(NEW).
PL 2001, Ch. 353, §1
(AMD).
PL 2003, Ch. 488, §3
(AMD).
PL 2003, Ch. 488, §5
(AFF).
§156. Loring
Center of Excellence Operations and Maintenance Fund
The Loring Center of Excellence
Operations and Maintenance Fund is established in the Military Bureau as a
nonlapsing fund in order that the Commissioner of the Department of Defense,
Veterans and Emergency Management may accept funds from the Department of
Defense, Department of the Army, Department of the Air Force, Department of the
Navy or the National Guard Bureau, or any instrumentality thereof, as necessary
to carry out the purpose of any cooperative agreement between the Military
Bureau and the Department of Defense, Department of the Army, Department of the
Air Force, Department of the Navy or the National Guard Bureau, or any
instrumentality thereof. The Treasurer of the State shall credit all interest
on fund balances to the Loring Center of Excellence Operations and Maintenance
Fund. [1999, c. 401, Pt. K, §3 (new); 2001, c. 374, §9 (aff).]
PL 1999, Ch. 401, §K3
(NEW).
PL 2001, Ch. 374, §9
(AFF).
§157. Maine
Military Authority Enterprise Fund
1.
Maine Military Authority Enterprise Fund; established. The Maine Military
Authority Enterprise Fund is established to fund activities of the Maine
Military Authority, established in section 391, including, but not limited to,
the following: [2003, c. 646, §5 (new).]
A. Operating the Maine Readiness Sustainment Maintenance Center;
and
[2003, c. 646, §5 (new).]
B. Maintaining, rebuilding, repairing, storing and manufacturing
equipment for the following:
(1) The State and its political subdivisions;
(2) The United States Department of the Army, Department of the
Air Force, Department of the Navy and Department of Homeland Security; and
(3) Foreign governments working in conjunction with the foreign
military sales program of the United States Department of Defense.
[2003, c. 646, §5 (new).]
2.
Maine Military Authority Enterprise Fund account. The Military Bureau shall
establish, through the Department of Administrative and Financial Services,
Bureau of Accounts and Control, the Maine Military Authority Enterprise Fund
account. The funds deposited in the account include, but are not limited to,
the following: [2003, c. 646, §5 (new).]
A. Appropriations made to the account;
[2003, c. 646, §5 (new).]
B. Funds transferred to the account from within the department;
[2003, c. 646, §5 (new).]
C. Funds received for the purposes stated in subsection 1,
paragraph B;
[2003, c. 646, §5 (new).]
D. Earnings from the fund from the Treasurer of State's cash pool;
and
[2003, c. 646, §5 (new).]
E. In accordance with applicable law, proceeds from the sale of
vehicles and equipment under the administrative control of the Maine Military
Authority by the state surplus property program in the Department of
Administrative and Financial Services, Bureau of General Services.
[2003, c. 646, §5 (new).]
3.
Receive revenue; expend proceeds. The Adjutant General may receive
operating revenues of the Maine Military Authority and expend those proceeds in
accordance with section 399. [2003, c. 646,
§5 (new).]
4.
Fund flexibility and adjustments. Notwithstanding the provisions of Title
5, section 1585, in order to provide sufficient flexibility to adjust to market
forces, adjustments to the Maine Military Authority Enterprise Fund may be made
through financial orders recommended to the Governor by the State Budget
Officer. [2005, c. 12, Pt. MMM, §1 (new).]
5.
No obligation of state funds. If revenues or other sources of operating
funds are not sufficient or available as anticipated for the Maine Military
Authority Enterprise Fund, there is no obligation to provide state funds. [2005, c. 12, Pt. MMM, §1 (new).]
6.
Quarterly reports. The Maine Military Authority shall provide quarterly
financial statements regarding the Maine Military Authority Enterprise Fund in
a format prescribed by the State Controller to the joint standing committee of
the Legislature having jurisdiction over appropriations and financial affairs
and the joint standing committee of the Legislature having jurisdiction over
the Maine Military Authority. [2005, c. 12,
Pt. MMM, §1 (new).]
PL 2001, Ch. 374, §7
(NEW).
PL 2003, Ch. 646, §5
(RPR).
PL 2005, Ch. 12,
§MMM1 (AMD).
§158. Maine
Military Family Relief Fund
The Maine Military Family Relief Fund is
established as a nonlapsing fund administered according to rules adopted by the
Adjutant General. The Adjutant General is authorized to make grants from the
Maine Military Family Relief Fund to families of persons who are members of the
Maine National Guard or residents of the State who are members of the Reserves
of the Armed Forces of the United States who have been called to military duty.
The Military Bureau shall adopt rules establishing eligibility criteria for the
grants. Rules adopted pursuant to this section are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 703, §2 (new).]
PL 2003, Ch. 703, §2
(NEW).
Subchapter
3: ACTIVATION OF STATE MILITARY FORCES
§181. Authority
to activate (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 1989, Ch. 850, §4
(AMD).
PL 1995, Ch. 600, §1
(RP ).
§181-A. Authority
to activate
1.
By order of the Governor. The Governor may order members of the state
military forces to active state service in the case of, or imminent danger of,
insurrection, invasion, tumult, riot, conspiracy to commit a felony or threat
of violence to persons or property or upon the reasonable apprehension thereof;
or for the safety of the inhabitants of this State; or, in the case of actual
or imminent public disaster, to the aid of any civil authority. [1995, c. 600, §2 (new).]
2.
By order of a justice or sheriff. In case of, or in the event of imminent
danger of, insurrection, invasion, tumult, riot or conspiracy to commit a
felony, to offer violence to persons or property or by force to break the laws
of this State or the United States, a Justice of the Supreme Judicial Court or
a Justice of the Superior Court or a county sheriff may request in writing aid
from a commanding officer in the state military forces. The commanding officer
to whom the request is made shall order out, in aid of the civil authorities,
all or part of the military forces under that commanding officer's command and
shall immediately report to the Adjutant General and to that commanding
officer's military superior for further instructions. The commanding officer
may receive only general directions from the civil authority requesting the aid
and remains strictly responsible to the commanding officer's military superior
for the manner in which the troops are used to accomplish the desired
end. [1995, c. 600, §2 (new).]
3.
Upon request of local officials. In the event of an emergency requiring
immediate action, the commanding officer, upon written request of the mayor of
a city, the municipal officers of a town or a municipality, may order out, for
the defense or protection of the community, the forces under the commanding
officer's command or any part of those forces. The commanding officer shall
immediately report to the Adjutant General and to the commanding officer's
immediate commanding officer for further instructions. [1995, c. 600, §2 (new).]
4.
Drug enforcement duties. The Governor may order Maine National Guard
members to active state service to support federal drug enforcement operations
under the National Defense Authorization Act of 1989. [1995, c. 600, §2 (new).]
5.
Military duty by consent. The Governor, or the Governor's designee, may
order a member of the Maine National Guard, with that member's consent, to
perform active state service of any nature. [1995, c.
600, §2 (new).]
PL 1995, Ch. 600, §2
(NEW).
§182. Proclamation of state of insurrection
Whenever any portion of the state
military forces is activated in aid of civilian authority and if, in the
Governor's judgment, the maintenance of law and order will thereby be promoted,
the Governor, by proclamation, may declare the county or municipality receiving
the assistance, or any specified portion or combination, to be in a state of
insurrection. [1995, c. 600, §3 (amd).]
In the event of a proclamation of
insurrection, and without limiting any other powers of the Governor, whether
inherent or conferred by other existing laws, the Governor may issue rules
under the emergency rule-making provisions of the Maine Administrative
Procedure Act, Title 5, section 8054 that are reasonable under the
circumstances to avert additional damage, destruction, injury or loss of life,
including, but not limited to, emergency rules for curfews, the deployment of
emergency medical supplies and facilities, evacuations, the closing of liquor,
arms, ammunition, explosives or other stores and facilities, access roads,
temporary detours and other things, whether of a same or a different
nature. [1995, c. 600, §3 (amd).]
In the event of the call up of military
forces, pursuant to section 181-A, subsection 1, and without limiting any
powers expressly and inherently possessed by or otherwise vested in the Governor
as Commander in Chief, the Governor or Adjutant General, as the Governor's
designee, may petition any Superior Court for ex parte temporary restraining
orders to restrain unlawful interference with efforts to maintain peace or
preserve life and property. The court may grant appropriate temporary relief.
Upon issuance of the order, the Governor shall cause prompt notice of the order
and its effect to be broadcast, posted, announced or otherwise publicized so as
to reach the persons effected. Any person aggrieved by the order is entitled at
any time it is in effect to bring a motion for vacating the order. The motion
must lie in the court from which the order was issued and the moving parties
shall serve notice of the motion upon the Governor concurrent with it being
filed, but, until vacated, the order remains effective according to its
terms. [1995, c. 600, §3 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §7
(AMD).
PL 1995, Ch. 600, §3
(AMD).
§183. Human
health emergencies
Personnel and equipment of the Maine
National Guard may be employed in the case of human health emergencies. [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. [2003, c. 414, Pt. B, §69 (amd); c. 614, §9 (aff).]
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. [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. [1995, c. 600, §4 (amd); 2003, c. 689, Pt. B, §7 (rev).]
4.
Reimbursement. [1995, c. 600, §4 (rp).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §8
(AMD).
PL 1987, Ch. 334, §
(AMD).
PL 1995, Ch. 600, §4
(AMD).
PL 2003, Ch. 414,
§B69 (AMD).
PL 2003, Ch. 414, §D7
(AFF).
PL 2003, Ch. 614, §9
(AFF).
PL 2003, Ch. 689, §B7
(REV).
§184. Notice
for duty
Notices for military duty must be given
as follows. [1995, c. 600, §5 (amd).]
1.
When given. Members of the state military forces must receive reasonable
prior notice of active state service appropriate to the duty to be
performed. [1995, c. 600, §5 (amd).]
2.
How given. Notices may be given orally or in writing. Orders conspicuously
posted during a regular meeting of the unit, not less than 4 days prior to the
date fixed in the order, are sufficient. [1995, c.
600, §5 (amd).]
3.
Dates fixed by law. When drill dates have been fixed by law, orders or
regulations, no further notice is required. [1995, c.
600, §5 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 1995, Ch. 600, §5
(AMD).
§185. Rights
and liabilities of military force members
1.
Immunity from civil and criminal liability. A member of the state military
forces may not be liable civilly or criminally for any act done or caused,
ordered or directed to be done by that member while on active state service in
the performance of that member's duty. If an action of any nature has been
commenced in any court by any person against an officer or enlisted member of
the state military forces for such an act, done or caused, ordered or directed
to be done, all expenses of the defense of the action, including fees of
witnesses for the defense, defendant's court costs, and all costs for
transcripts of records and abstract thereof on appeal, must be paid by the
State out of the Military Fund. When the action is civil, it is the duty of the
Attorney General to defend that officer or enlisted member. When the action is
criminal, the Adjutant General shall designate a judge advocate of the National
Guard or other authorized state military or naval force to conduct the defense
of the member. If the services of a judge advocate are not available, the
Adjutant General shall select some other competent attorney to conduct the
defense. In any civil action, the defendant may require the person instituting
the action to file security for payment of costs that may be awarded the
defendant, which costs, if paid out of the Military Fund, when received, must
be paid into the State Treasury and credited to the Military Fund. [1995, c. 196, Pt. B, §2 (amd).]
2.
Exemption from arrest. Persons belonging to the state military forces are
exempt from arrest as follows. [2001, c. 662,
§22 (amd).]
A. Every person belonging to the state military forces, in all
cases except a crime punishable by a maximum term of imprisonment equal to or
exceeding one year or breach of the peace, is privileged from arrest while
going to, attending or returning from active state service or federal military
duty.
[2001, c. 662, §22 (amd).]
B. On the day of any active state service or federal military
duty, no officer or enlisted member may be arrested in a civil action or mesne
process, or on a warrant for taxes; nor may that person be arrested on the day
of annual Thanksgiving; Patriots' Day; Memorial Day; July 4th; Labor Day;
Veterans' Day, November 11th; or Christmas.
[2001, c. 662, §22 (amd).]
3.
Exemption from jury duty. Every member of the state military forces, while
going to, attending or returning from active state service or federal military
duty, is exempt from jury duty. Production of a certificate from the claimant's
commanding officer that the person qualifies for the exemption is prima facie
proof that the person is entitled to the exemption. [2001, c. 662, §22 (amd).]
4.
Rights of a law enforcement officer. A commissioned officer of the state
military forces when called to active state service under section 181-A,
subsection 1, in addition to such other rights conferred by this chapter and
otherwise by law, has the rights, authority and immunities of a law enforcement
officer. [2001, c. 662, §23 (amd).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594,
§9,10 (AMD).
PL 1995, Ch. 196, §B2
(AMD).
PL 1995, Ch. 600, §6
(AMD).
PL 2001, Ch. 662,
§22,23 (AMD).
§186. Injuries
sustained in connection with military duty
1.
Compensation as state employee. A member of the state military forces
receives compensation as a state employee according to the provisions of Title
39-A and this section. [2001, c. 662, §24 (amd).]
A. Duty status is as follows.
(1) The types of duty that are covered are:
(a) Active state service as defined by section 101-A, whether
performed with or without compensation.
(2) The types of duty that are not covered are:
(d) Federal technician civilian duty under the United States Code,
Title 32, Section 709; and
(e) Military duty performed pursuant to the United States Code,
Title 10.
[2001, c. 662, §24 (amd).]
B. Types of injuries cognizable are as follows:
(1) The injury, disability or disease must have been received,
incurred or contracted while in active state service;
(2) Service members must be under the control and supervision of
the military. Incidents occurring during periods of leave or pass are not
compensable; and
(3) An injury, disability or disease received not incident to duty
or contracted with willful negligence or misconduct is not compensable.
[2001, c. 662, §24 (amd).]
C. Preconditions for benefits under Title 39-A are as follows:
(1) Federal income maintenance benefits must be applied for and,
if they exceed comparable Title 39-A benefits, must be exhausted by the member
before receiving weekly compensation benefits under Title 39-A. Medical care at
military or Veterans' Administration facilities, civilian care paid for by the
military forces and other benefits furnished by the military force or the
Veterans' Administration, including military programs offered to retrain or
occupationally rehabilitate the service member, must be used before entitlement
to benefits under Title 39-A. Military programs are fully creditable under
Title 39-A in an approved plan of rehabilitation; and
(2) Title 39-A benefits are based on inability to perform the
service member's usual occupation.
[2001, c. 662, §24 (amd).]
D. For the purpose of calculation of compensation, average weekly
wage must be computed solely on the earning capacity of the injured member in
the occupation in which that member is regularly engaged. In case of death,
dependents are entitled to compensation as provided in Title 39-A and any
amendments to that Title.
[2001, c. 662, §24 (amd).]
E. If the member is eligible for military or Veterans'
Administration care and knowingly declines or through the member's actions
forfeits rights to federal care benefits, the member is not entitled to
compensation for civilian care under Title 39-A.
[2001, c. 662, §24 (amd).]
F. All federal benefits received by the member as a result of an
injury, disability or disease are considered to be derived from the employer
and constitute a setoff to compensation awarded as a result of this section. A
dollar-for-dollar setoff is authorized for all benefits to include continuation
of federal pay and allowances, incapacitation pay, severance pay, disability
retirement pay, Veterans' Administration disability payments and military and
Veterans' Administration death benefits.
[2001, c. 662, §24 (amd).]
G. Reporting pursuant to Title 39-A does not have to be initiated
until a final decision is reached on the injured service member's entitlement
to federal benefits or while military or veterans' disability benefits are
received in lieu of compensation under Title 39-A, whichever ceases first.
Veterans' disability benefits provided in this subsection include state
military duty pay received under section 143, federal continuation pay or
incapacitation pay in lieu of benefits under Title 39-A. The time provisions of
Title 39-A commence upon notification to the service member that federal
benefits are not authorized, or the gross monetary federal benefits are
determined to be less than the entitlements under Title 39-A without taking
into account the setoff prescribed in paragraph E.
[2001, c. 662, §24 (amd).]
2.
Average weekly wage; death benefits. [1987, c.
271 (rp).]
3.
Setoff. [1987, c. 271 (rp).]
4.
Federal pay status. [1987, c. 271 (rp).]
PL 1983, Ch. 460, §3
(NEW).
PL 1987, Ch. 271, §
(RPR).
PL 1987, Ch. 769,
§A162,A163 (AMD).
PL 1991, Ch. 885,
§E44 (AMD).
PL 1991, Ch. 885, §E47
(AFF).
PL 1995, Ch. 196, §B3
(AMD).
PL 2001, Ch. 662, §24
(AMD).
§187. Bounds
and limits of camps
The bounds and limits of camps may be
fixed and intrusion within those limits may be restricted as follows. [1983, c. 460, § 3 (new).]
1.
Fixing the limits. Every commanding officer on duty may fix necessary
bounds and limits to his camp or parade. In doing so, he may not prevent
passage along a through road. By order of the Governor, the commanding officer
may, as described in subsection 2, restrict use or passage through an extended
area not more than 1/2 mile around the camp. The owners of land within that
surrounding security area and their agents shall not be prevented from using,
occupying or improving their land in the same manner as they were accustomed to
do at the time the camp was occupied. [1983, c. 460, §
3 (new).]
2.
Confinement of intruders. Any person who intrudes within the fixed limits
after being forbidden, or resists a sentinel attempting to put or keep him out
of those limits, or disturbs, interrupts or otherwise hinders the passage of
troops or the discharge of their duty, may be confined under guard for up to 14
hours at the discretion of the commanding officer. [1983, c. 460, § 3 (new).]
3.
Intoxicating beverages. The commanding officer of any camp or armory may
prohibit the introduction or sale of any intoxicating beverage within the
necessary or extended limits of the camp or armory. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§188. Closing
of stores (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 2003, Ch. 583, §6
(RP ).
§189. Reemployment
rights (REPEALED)
PL 1983, Ch. 594, §11
(NEW).
PL 1987, Ch. 285, §2
(RP ).
Subchapter 4: SPECIAL PROVISIONS
GOVERNING STATE MILITARY FORCES OTHER THAN THE NATIONAL GUARD
§221. Other state military components
1.
Organization. When necessary to provide for the adequate protection of the
State, the Governor as Commander in Chief may organize as components of the
state military forces an adequate number of Army and Navy units for the length
of time which he directs. Those components shall consist of the militia, the
naval militia and the Maine State Guard. [1983, c.
460, §3 (new).]
2.
Duties. In the event of the organization of other forces described in
subsection 1, those units may be ordered by the Governor to perform duties
which he directs, including duties that the National Guard would be called to
perform, consistent with this chapter and other applicable laws. [1983, c. 460, §3 (new).]
3.
Maine Code of Military Justice. All persons serving in the militia, naval
militia and Maine State Guard shall be subject to the Maine Code of Military
Justice while in an active state duty status. [1983, c. 460, §3 (new).]
4.
Applicability of provisions. [2001, c. 662,
§25 (rp).]
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §25
(AMD).
§222. Militia
The militia shall consist of all
able-bodied citizens of the State, or able-bodied persons who have declared
their intention to become citizens of the United States, who are at least 18
years of age and not more than 45 years of age, and who are enrolled pursuant
to section 225, or who have been enlisted, appointed or commissioned. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§223. Naval militia
1.
Composition. The naval militia of the State of Maine shall consist of such
persons as may be enlisted, appointed or commissioned therein from the
militia. [1983, c. 460, § 3 (new).]
2.
Administration. The Commander in Chief may organize the forces prescribed
in subsection 1 as he deems proper. When in his judgment the efficiency of the
naval militia will be increased thereby, or whenever public interest may demand
it, he may alter, reorganize or disband any or all of the naval militia. He
may, at any time, change the organization of the naval militia so as to conform
to any organization, or system of drill or instruction adopted for the United
States Navy, and increase and decrease for that purpose the number of officers,
warrant officers, chief petty officers, petty officers and enlisted men and to
change their grades, titles and designations. [1983, c. 460, § 3 (new).]
The system of administration, drill and
instruction of the naval militia shall conform, as nearly as practicable, to
that of the United States Navy. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§224. Maine State Guard
The Governor may organize and maintain
within this State in time of peace or war or other emergency, the Maine State
Guard, which organization and maintenance of the Maine State Guard shall be
consistent with federal regulations prescribing the organization, standard of
training, instruction and discipline of state military forces. [1983, c. 460, § 3 (new).]
1.
Composition. When activated, the Maine State Guard shall be composed of
those persons enlisted, appointed or commissioned from the militia and other
able-bodied citizens of the State and such other able-bodied soldiers and
sailors who have previously served honorably in the United States Armed
Services or the National Guard. A person may not become a member of the Maine
State Guard, if he is a member of the National Guard or any component of the
United States Armed Forces, active or reserve. [1983, c. 460, §3 (new).]
2.
Administration; rules. The Governor may from time to time prescribe rules
not inconsistent with this section, for the enlistment, designation and
location of units, and the organization, administration, equipment,
maintenance, training and discipline of the Maine State Guard. The organization
shall not conflict with the laws of the United States or of this State as
applicable to the state military forces, generally. These rules, insofar as the
Governor deems practicable and desirable, shall conform to existing laws, rules
and regulations pertaining to the National Guard. The oath to be taken by
officers and enlisted men in the Maine State Guard shall be substantially the
same as that prescribed for officers and enlisted men of the National Guard.
The words "Maine State Guard" shall be substituted where necessary.
The term of service of officers or enlisted men in the Maine State Guard shall
be the same as that prescribed for officers and enlisted men of the National
Guard. [1983, c. 460, §3 (new).]
3.
Officers; appointment; authority. The Governor, acting by and through the
Adjutant General, shall appoint officers for such units and organizations of
the Maine State Guard as he may establish in conformance with applicable
federal regulations, and these officers shall, subject to removal by the
Commander in Chief, exercise the same military authority over their several
commands as officers of the National Guard. [1983, c.
460, §3 (new).]
4.
Pay and allowances. The pay and allowances of members of the Maine State
Guard when called to active state service are the same as provided in section
143. When the Maine State Guard is organized for inspection and drill purposes
only, no pay is authorized. [2001, c. 662,
§26 (amd).]
5.
Requisitions. For the use of the Maine State Guard, the Governor may
requisition from the United States Secretary of the Army arms, ammunition,
clothing and equipment which the United States Secretary of the Army in his
discretion, and under regulations determined by him, may issue and may make
available to the Maine State Guard the facilities of state armories and their
equipment and other state premises and property which are available. [1983, c. 460, §3 (new).]
6.
Enlistment of civil groups. No civil organization, society, club, post,
order, fraternity, association, brotherhood, body, union, league or other
combination of persons or civil group may be enlisted in the Maine State Guard
as an organization or unit. [1983, c. 460,
§3 (new).]
7.
Federal service. Nothing in this subsection may be construed as authorizing
the Maine State Guard or any part thereof, to be called, ordered or in any
manner drafted as a unit into the military service of the United States. No
person may, by reason of his enlistment or commission in the Maine State Guard,
be exempted from military service under any law of the United States. [1983, c. 460, §3 (new).]
8.
Disqualifications. No person may be commissioned or enlisted in the Maine
State Guard who has been expelled or dishonorably discharged from any military
or naval organization of this State, of another state or of the United States,
or who has been convicted of a felony in any court of this State, of another
state or of the United States. [1983, c. 460,
§3 (new).]
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §26
(AMD).
§225. Enrollment
other than National Guard
1.
Citizen enrollment; penalty for noncompliance. Each citizen who is more
than 18 years of age and less than 45 years of age, unless exempted by order of
the Governor, who is a resident of this State, shall, whenever the Governor
deems it necessary, be enrolled with the militia. Each citizen shall be
enrolled in the municipality in which he resides by the assessor or assessors
for that municipality according to rules which the Governor may prescribe.
[1983, c. 460, § 3 (new).]
Any person knowingly refusing to give
required information concerning himself or another person who is required to be
enrolled, or giving false information to an assessor making the enrollment, is
for each act of concealment, refusal or falsification guilty of a Class E
crime. Within 10 days, the assessor making the enrollment shall report all
persons violating this subsection to the Adjutant General. [1983, c. 460, § 3 (new).]
2.
Exemptions. The Vice-President of the United States; judicial and executive
officers of the government of the United States and of the several states and territories;
persons in the military or naval service of the United States; customhouse
clerks; persons employed by the United States in the transmission of the mail,
artificers and workmen employed in the armories, arsenals and navy yards of the
United States; pilots; mariners actually employed in the sea service of any
citizen or merchant within the United States, shall be exempt from militia duty
without regard to age. All persons, who because of religious belief, claim
exemption from militia service, if the conscientious holding of that belief by
that person shall be established under regulations prescribed by the President,
shall be exempted from militia service in a combatant capacity. A person
exempted because of religious beliefs shall not be exempt from militia service
in a capacity that the President declares to be noncombatant. [1983, c. 460, § 3 (new).]
3.
Burden of proof in exemption. Any person claiming exemption shall satisfy
the assessor of his right to the exemption. In case of doubt, the burden of
proof shall be upon the person claiming exemption. The assessor may require him
to submit to examination under oath and may administer the oath. [1983, c. 460, § 3 (new).]
4.
Responsibilities of assessor and clerk; penalty for failure to perform. On
the roll, opposite the name of each person who is exempt from duty under
subsection 2, or who is serving in the active state or federal military forces,
or who is unable by reason of physical disability to perform military duty, the
assessor shall write the word "exempt" and state in each case the
cause of the exemption. The assessor shall subscribe the list and make oath
that the list is true to the best of his knowledge and belief, and shall
immediately file the list with the clerk of the municipality. Within 10 days,
the clerk shall make a certified statement of the total number enrolled, the
number marked exempt with the reason for exemption and the number in active
service. The clerk shall forward the statement to the Military Bureau. Any assessor
neglecting or refusing faithfully to perform the enrolling duties required by
law, making a false entry upon the rolls or committing any other related fraud
and any clerk neglecting to make and forward the statement required is guilty
of a Class E crime. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
Subchapter
5: UNIFORMS AND EQUIPMENT
§261. Officers
provide own uniforms and equipment
All commissioned officers and warrant
officers in the state military forces shall provide themselves with uniforms
and equipment required by federal regulation. The Adjutant General may purchase
and issue as state property on memorandum receipt or sell for cash to these
officers the necessary uniforms and equipment. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§262. Exemption from attachment and distress
The clothes, arms, military outfit and
accoutrements furnished by or through the State to, or required of, a member of
the state military forces are not subject to any civil action, distress,
execution or sale for debt or payment of taxes. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§263. Repair of equipment
The Adjutant General shall make
arrangements for the necessary repair, cleansing and renovation of all clothes,
arms, military outfits or accoutrements of the state military forces. If the
repair, cleansing or renovation is due to the negligence of a member, the cost
shall be charged against pay due, or to become due, to the member or recovered
in the same manner as a forfeiture under the Maine State Code of Military
Justice. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§264. Inspection and condemnation
1.
Sale of property; proceeds. The Adjutant General shall designate an officer
to inspect military property, real and personal, and may condemn any inspected
property that the Adjutant General determines to be unfit for use by the
military. Property condemned under this subsection may be sold by the Adjutant
General. Real property condemned under this subsection may not be sold for less
than its appraised value as determined by a person licensed as a real estate
appraiser under Title 32, chapter 124. [2001, c. 559,
Pt. PP, §1 (amd).]
All proceeds from the sale of condemned
property must be paid into the State Treasury and credited to the Capital
Repair Account of the Military Bureau established under section 154. For fiscal
year 2002-03 only, proceeds up to $300,000 from the sale of condemned property
must be paid into the State Treasury and credited to the National Guard
Education Assistance Pilot Program established under Resolve 1999, chapter 121.
Funds not used for National Guard Education Assistance Pilot Program purposes
must be paid into the Capital Repair Account of the Military Bureau. [2001, c. 559, Pt. PP, §1 (amd).]
2.
Designation of property; sale. The Adjutant General may sell an armory or
other real property of the Military Bureau if the Adjutant General has: [1995, c. 684, §3 (new).]
A. Completed the appraisal required under subsection 1; and
[1995, c. 684, §3 (new).]
B. Except as provided in subsection 3, obtained approval of the
Legislature to sell that armory or other real property. For the purposes of
this subsection, the term "approval of the Legislature" means the
enactment by the Legislature and signing by the Governor of a resolve
authorizing the sale of that armory or other real property.
[1995, c. 684, §3 (new).]
All proceeds of the sale of an armory or
other real property under this subsection must be paid into the State Treasury
and credited to the Capital Repair Account of the Military Bureau established
under section 154. [1995, c. 684, §3 (new).]
3.
Exceptions; authorization to sell. Notwithstanding subsection 2, paragraph
B, the Adjutant General is authorized to sell the following armories and parcel
of land: [2003, c. 688, Pt. A, §42 (amd).]
A. The Brunswick Armory or the Bath Armory, but not both;
[1997, c. 783, §1 (amd).]
B. The Newport Armory;
[1995, c. 684, §3 (new).]
C. The Rumford Armory;
[1995, c. 684, §3 (new).]
D.
[1997, c. 783, §1 (rp).]
E. The South Portland Armory;
[1997, c. 783, §1 (amd).]
F. The Millinocket Armory;
[2001, c. 353, §2 (amd).]
G. A 6 1/2-acre parcel of land located on the northeasterly side
of U.S. Route One across from the Belfast Armory and part of the parcel of land
described in the Waldo County Registry of Deeds, Book 411, Page 446;
[2001, c. 662, §27 (amd).]
H. The Caribou Armory, located at 55 Bennett Drive, Caribou, for
market value but not including the organizational maintenance shop, known as
OMS5, nor the metal storage building;
[2003, c. 404, §3 (amd).]
I. The Fort Fairfield Armory located at 25 Columbia Street, Fort
Fairfield by means of a quitclaim deed, subject to all easements of record, to
the inhabitants of the Town of Fort Fairfield for the sum of $1 as long as the
inhabitants of the Town of Fort Fairfield agree to indemnify and hold harmless
the State from all claims, including any environmental clean-up costs that may
arise from the land or buildings constituting the Fort Fairfield Armory and
this transfer is determined to be a transfer for not less than appraised value
as specified in subsection 1 in view of the economic conditions of northern
Aroostook County, the financial contributions made by the Town of Fort
Fairfield to the armory and the environmental conditions existing at the site;
and
[2003, c. 688, Pt. A, §42
(rpr).]
J. The Saco Armory located at 75 Franklin Street, Saco, Maine, by
means of a quitclaim deed as long as the purchaser agrees to indemnify and hold
harmless the State from all claims, including any environmental clean-up costs
that may arise in connection with the land or the buildings constituting the
armory.
[2003, c. 404, §5 (new).]
4.
Easements and rights-of-way. Notwithstanding subsection 2, the Adjutant
General may, with written approval of the Governor, grant easements and
rights-of-way on real property held by the Military Bureau. [1995, c. 684, §3 (new).]
PL 1983, Ch. 460, §3
(NEW).
PL 1995, Ch. 684, §3
(RPR).
PL 1997, Ch. 783, §1
(AMD).
PL 1999, Ch. 185, §6
(AMD).
PL 2001, Ch. 353,
§2,3 (AMD).
PL 2001, Ch. 559,
§PP1 (AMD).
PL 2001, Ch. 662,
§27-29 (AMD).
PL 2003, Ch. 342, §3
(AMD).
PL 2003, Ch. 404,
§3-5 (AMD).
PL 2003, Ch. 688,
§A42 (AMD).
§265. State
equipment; obsolete ordnance issued to municipalities (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §30
(RP ).
§266. Prohibited
acts
1.
Destruction of equipment. The penalties for destruction of equipment are as
follows.
A. Any person who knowingly or recklessly destroys, injures or
defaces any article of military property belonging to the State or the United
States, or uses it for an unauthorized purpose, or has or retains the property
in violation of law or rule is guilty of a Class E crime.
[1987, c. 208, § 1 (new).]
B. In case an officer or enlisted man of the state military forces
through carelessness or inattention loses, destroys or causes the loss or
destruction of government property which has been issued for his use, the
Adjutant General shall retain, out of the pay, allowances or money due the
officer or enlisted man for any military services an amount equal to the value
of the property lost or destroyed. That portion of the money which is for state
property shall be turned in to the Treasurer of State and credited to the
Military Fund. That portion which is for United States property shall be turned
into the United States Treasury and credited to the State on its property
returns.
[1987, c. 208, § 1 (new).] [1987, c. 208, § 1 (rpr).]
2.
Equipment not to be sold. Except as otherwise provided by law, the clothes,
arms, military outfits and accoutrements furnished by or through the State to
any member of the state military forces shall not be sold, bartered, exchanged,
pledged, loaned or given away. Any unauthorized person who has possession of
clothes, arms, military outfits or accoutrements furnished as a result of
unlawful disposition shall have no right, title or interest in them. Those
items may be seized as contraband by a civil officer of the State and shall be
delivered to a commanding officer or other officer authorized to receive them,
who shall make an immediate report to the Adjutant General. The possession of
the clothes, arms, military outfits or accoutrements by any person not a member
of the military forces of the State or of the United States shall be prima
facie evidence of unauthorized sale, barter, exchange, pledge, loan or gift.
A. Any person who knowingly sells or offers for sale, barters,
exchanges, pledges, loans or gives away, secretes or who retains, after demand
made by any civil or military officer of the State, any clothes, arms, military
outfits or accoutrements furnished by or through the State to a member of the
state military forces is guilty of a Class E crime.
[1987, c. 208, § 2 (new).]
B. Whoever knowingly receives by purchase, barter, exchange,
pledge, loan or gift any such clothes, arms, military outfits or accoutrements
commits a civil violation for which a forfeiture of not more than $500 may be
adjudged.
[1987, c. 208, § 2 (new).] [1987, c. 208, § 2 (rpr).]
3.
Uniform forbidden to unauthorized persons. It is unlawful for any person
not an officer or enlisted man in the federal or state military forces to wear
the duly prescribed uniform of any military forces or any distinctive part of
the uniform, or a uniform any part of which is similar to a distinctive part of
a prescribed uniform. This subsection shall not be construed to prevent
authorized persons from wearing the uniforms. The term "distinctive part
of the uniform" in this subsection shall be construed to mean such parts
of the uniform as may be designated as "distinctive" by the
regulations of the federal military establishment. Violation of this subsection
is a Class E crime. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §12
(AMD).
PL 1987, Ch. 208,
§1,2 (AMD).
Subchapter
6: CONSTRUCTION OF MILITARY FACILITIES
§301. Acquisition
of property for construction of military facilities
1.
Duty of municipal officers. [2001, c. 662,
§31 (rp).]
2.
Gifts to the State. The Governor or the Adjutant General, or both, may
accept, in the name of the State, donations of real estate and personal
property to be used for military purposes by the state military forces upon
such conditions as the donor may prescribe. The Governor may prescribe further
rules pertaining to donated property. [2001, c. 662,
§32 (amd).]
3.
Eminent domain. The Adjutant General may acquire real property by right of
eminent domain in the manner prescribed by law for the taking of land for
highway purposes, and both real and personal property by purchase, gift or
otherwise, for the purpose of construction or maintenance of armories,
airports, shipyards and other military facilities, including the building or
improvement and maintenance of railroads or roads necessary for the more
efficient use of these facilities for military purposes and the procuring of
equipment and supplies for military purposes. [1983, c. 460, §3 (new).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594,
§13,14 (AMD).
PL 2001, Ch. 662,
§31,32 (AMD).
§302. Construction
of armories
1.
By the State. Whenever the Military Fund is sufficient, the Adjutant
General may, with the approval of the Governor, erect armories and other
necessary buildings. [2001, c. 662, §33 (amd).]
2.
By municipalities. [2001, c. 662, §34 (rp).]
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662,
§33,34 (AMD).
§303. Payment
of state expenses (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §15
(RP ).
§304. Rent
for use of armories (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §15
(RP ).
§305. Use
of armories limited (REPEALED)
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §15
(RP ).
§306. Tax
exemption
All real estate and personal property
owned or leased by the State, by any municipality, or by any organization of
the state military forces and used for military purposes is exempt from all
taxation during the period of that ownership or lease and use. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§307. Penalty for violation of this section
Any municipal officer who fails to comply
with this subchapter is guilty of a Class E crime. Any fine imposed under this
section shall be paid into the State Treasury and credited to the General
Fund. [1983, c. 594, § 16 (rpr).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §16
(RPR).
Subchapter
7: PENALTIES
§341. Prosecution
of offenses
Unless otherwise provided, offenses
described in this chapter except where committed by a person subject to the
Maine Code of Military Justice or the United States Uniform Code of Military
Justice, may be prosecuted by complaint or indictment before a court of
competent criminal jurisdiction. All fines and forfeitures collected under this
chapter and not otherwise specifically provided for shall be paid into the
State Treasury and credited to the General Fund. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§342. Prohibited acts; penalties
1.
Failure of civil officers to perform duties. A civil officer named in this
chapter, who neglects or refuses to obey the provisions of this chapter, is
guilty of a Class E crime. [1983, c. 460,
§3 (new).]
2.
Other military organizations prohibited. No group of persons, other than
federal or state military forces, may join together as a military organization
or parade in public with firearms. Associations of historical military
reenactors may parade in public with firearms with authorization of the city or
town officials in the municipality in which they wish to parade. Students in
educational institutions where military science is taught, as a prescribed part
of the course of instruction, may drill and parade with firearms in public
under the supervision of their military instructors. [2001, c. 662, §35 (amd).]
Any person violating this subsection is
guilty of a Class E crime. [2001, c. 662, §35 (amd).]
3.
Enlistment of minors into the military. Any person who knowingly enlists,
or causes or induces, a person under the age of 18 years to enlist into the
state military forces without written consent of his parent or guardian is
guilty of a Class E crime. [1983, c. 460,
§3 (new).]
4.
Obstruction of the right-of-way. The commander of any part of the state
military forces parading or performing any military duty in any street or
highway may require any or all persons to yield the right-of-way to his troops,
provided that the transport of the United States mail, the legitimate
functions, progress and operations of police, ambulances, firefighters and
other authorized emergency vehicles shall not be interfered with by the
troops. [1983, c. 460, §3 (new).]
Anyone who hinders, delays or obstructs
any portion of the state military forces when parading or performing their
military duty, or who attempts to do so, is guilty of a Class E crime. [1983, c. 460, §3 (new).]
5.
Employment; leave of absence. It is unlawful for any public or private
employer to penalize any member of the National Guard or the Reserves of the
United States Armed Forces, with regard to compensation, hiring, tenure, terms,
conditions, or privileges of employment or to deny any other incident or
advantage of employment due to the employee's membership or participation in
the National Guard or the Reserves of the United States Armed Forces. [2003, c. 583, §7 (amd).]
A. Any person, including an employer described in this subsection,
who willfully deprives a member of the National Guard or the Reserves of the
United States Armed Forces, of the member's employment, prevents the member's
employment, interferes with the member's employment rights as described in this
subsection, or otherwise obstructs the member or the member's employer with
respect to the member's occupation or business because of the member's
membership in the National Guard or the Reserves of the United States Armed
Forces, or who dissuades any person from enlisting in, the National Guard or
the Reserves of the United States Armed Forces by threat of injury to the
member's occupation or business, is guilty of a Class E crime.
[2001, c. 662, §36 (amd).]
B. All officials and employees of the State who are members of the
National Guard or the Reserves of the United States Armed Forces must have a
leave of absence not to exceed 17 work days each calendar year from their
respective duties, without loss of pay or time, when performing military duty
and without loss of time or leave for all other military duty, during which the
members are so engaged.
[2003, c. 583, §7 (amd).]
6.
Discrimination against members of the National Guard or Reserves of the United
States Armed Forces. Anyone who discriminates against personnel of the
National Guard or the Reserves of the United States Armed Forces must be
punished as follows. [2001, c. 662, §37 (amd).]
A. No association or corporation organized to promote the trade,
occupation or business of its members may by a rule or act discriminate against
any member of the National Guard or the Reserves of the United States Armed
Forces with respect to the member's eligibility for membership in the
association or corporation, nor the member's right to retain the member's
membership. Whoever aids in enforcing a rule or action against a member of the
National Guard or the Reserves of the United States Armed Forces, with intent
to discriminate against the member, is guilty of a Class E crime.
[2001, c. 662, §37 (amd).]
B. Whoever without good cause discriminates against any uniformed
member of the National Guard or the Reserves of the United States Armed Forces
with respect to the enjoyment of any public place of amusement, the use of any
public conveyance, access to public lodging or the receipt of other services
generally available to the public is guilty of a Class E crime.
[2001, c. 662, §37 (amd).]
7.
Interference with members in performance of duties. Whoever intentionally
molests, abuses or interferes with any member of the National Guard or the
Reserves of the United States Armed Forces in the performance of the member's
duty is guilty of a Class E crime. [2001, c. 662,
§37 (amd).]
8.
Unauthorized use of military insignia. [2001, c.
662, §38 (rp).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §17
(AMD).
PL 1987, Ch. 263, §1
(AMD).
PL 2001, Ch. 662,
§35-38 (AMD).
PL 2003, Ch. 583, §7
(AMD).
§343. Parental
rights and responsibilities; parent on active duty
1.
Departure under military orders. A court may not consider departure from
the family residence or absence from the child or children as an adverse factor
in determining parental rights and responsibilities with respect to a minor
child when the departing parent is a member of the National Guard or the
Reserves of the United States Armed Forces under an order to active duty for a
period of more than 30 days and whose absence is due to compliance with
military orders. [2005, c. 353, §4 (new).]
2.
Change of residence of child prohibited when parent under military orders.
A court may not order a change of the primary physical residence of a child
when one of the child's parents is a member of the National Guard or the
Reserves of the United States Armed Forces under an order to active duty for a
period of more than 30 days and whose absence from the State is due to
compliance with military orders unless the change is in the best interest of
the child. [2005, c. 353, §4 (new).]
3.
Application. This section applies only if the service of the member
referred to in subsection 1 or subsection 2 is in support of: [2005, c. 353, §4 (new).]
A. An operational mission for which members of the reserve
components have been ordered to active duty without their consent; or
[2005, c. 353, §4 (new).]
B. Forces activated during a period of war declared by Congress or
a period of national emergency declared by the President or Congress.
[2005, c. 353, §4 (new).]
PL 2005, Ch. 353, §4
(NEW).
Subchapter 7-A: MAINE NATIONAL
GUARD EDUCATION ASSISTANCE PROGRAM (HEADING: PL 2003, c. 488, @4 (new); @5
(aff))
§351. Maine National Guard Education Assistance
Program
There is established the Maine National
Guard Education Assistance Program, referred to in this subchapter as "the
program." [2003, c. 488, §4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
§352. Definitions
As used in this subchapter, unless the
context otherwise indicates, the following terms have the following
meanings. [2003, c. 488, §4 (new); §5 (aff).]
1.
Course. "Course" means a
class taught over a semester, trimester, quarter or term. [2003, c. 488, §4 (new); §5 (aff).]
2.
Degree program. "Degree program" means a course of study designed
to culminate in a specific degree, diploma or certificate. [2003, c. 488, §4 (new); §5 (aff).]
3.
Member. "Member" means a member of a federally recognized unit of
the Maine National Guard. [2003, c. 488, §4 (new); §5
(aff).]
4.
State postsecondary education institution. "State postsecondary
education institution" means the University of Maine System, the Maine
Maritime Academy, the Maine Technical College System or any other college or
university system established as a public instrumentality of this State. [2003, c. 488, §4 (new); §5 (aff).]
5.
Tuition. "Tuition" means the total semester, trimester, quarter
or term or credit hour cost of instruction to the student as periodically
published in the catalog of a state postsecondary education institution,
including mandatory fees and lab fees but excluding all other expenses such as
book charges, room and board. [2003, c. 488,
§4 (new); §5 (aff).]
6.
Tuition benefit. "Tuition benefit" means tuition provided by the
Maine National Guard using either state or federal funds. [2003, c. 488, §4 (new); §5 (aff).]
7.
Unsatisfactory participant. "Unsatisfactory participant" means a
member who has accumulated 9 or more unexcused absences from unit training
assemblies or who, without proper authorization, fails to attend or complete
the entire period of annual training. [2003, c. 488,
§4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
§353. Tuition
grant for member
A member who meets the prerequisites of
section 354 is entitled to a tuition benefit that may not exceed tuition costs
incurred at any state postsecondary education institution. A member who attends
classes in Maine at a regionally accredited private Maine college or university
is entitled to a tuition benefit that may not exceed the tuition costs incurred
at that private college or university or a tuition benefit not to exceed
tuition assessed for a similar degree program at any state postsecondary
education institution, whichever is less. Notwithstanding any other provision
of law, the Maine National Guard shall use federal funds; state general funds
not to exceed $5,000 in any fiscal year; or state funds from the Armory Rental
Fund as established in section 152, the Capital Repair Account as established
in section 154 or the reimbursement fund as established in section 155 or from
revenue generated by the Maine Military Authority to pay tuition
benefits. [2003, c. 488, §4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
§354. Minimum
prerequisites
To qualify for the tuition benefit, the
member must: [2003, c. 488, §4 (new); §5 (aff).]
1.
Basic training. Have successfully completed basic training or received a
commission; [2003, c. 488, §4 (new); §5 (aff).]
2.
Participant. Be a satisfactory participant in the Maine National Guard;
and [2003, c. 488, §4 (new); §5 (aff).]
3.
Contractual commitment. Enter into a written contractual commitment with
the Maine National Guard to serve in the Maine National Guard for at least one
year beyond the end of the term for which a tuition benefit is granted. [2003, c. 488, §4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
§355. Cessation
of tuition benefit
The tuition benefit granted under this
subchapter for a member ceases upon: [2003, c. 488,
§4 (new); §5 (aff).]
1.
Credit hours. Accumulation of 150 credit hours or the equivalent of the
tuition benefit as provided in this subchapter; [2003, c. 488, §4 (new); §5 (aff).]
2.
Unsatisfactory participation. Unsatisfactory participation in the Maine
National Guard as certified to the state postsecondary education institution or
regionally accredited private college or university by the Adjutant General;
or [2003, c. 488, §4 (new); §5 (aff).]
3.
Good academic standing. Failure by the member to maintain good academic
standing at the state postsecondary education institution or regionally
accredited private college or university. [2003, c.
488, §4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
§356. Restitution
Repayment of the tuition benefit is
required pursuant to this section. [2003, c. 488,
§4 (new); §5 (aff).]
1.
Failure to complete. A member shall pay the full amount of a tuition
benefit for each course during the preceding semester, trimester, quarter or
term that: [2003, c. 488, §4 (new); §5 (aff).]
A. The member fails to complete; or
[2003, c. 488, §4 (new); §5
(aff).]
B. The member completes but for which the member earns a grade
lower than 2.0 on a 4.0 scale.
[2003, c. 488, §4 (new); §5
(aff).]
2.
Repay tuition. If the member becomes an unsatisfactory participant or does
not remain in good academic standing with the state postsecondary education
institution or regionally accredited private college or university, then the
member shall repay the full amount of a tuition benefit for all courses taken
during the preceding semester, trimester, quarter or term to the Maine National
Guard. [2003, c. 488, §4 (new); §5 (aff).]
3.
Restitution. If the member does not fulfill the member's contractual commitment
to the Maine National Guard under section 354, subsection 3, then the Adjutant
General shall notify the member in writing that the member is liable for
restitution and the member shall repay the full amount of the tuition benefit
for the last school year. [2003, c. 488, §4 (new); §5
(aff).]
A member may appeal the requirement to
make restitution pursuant to this section if the member files a written notice
of intent to appeal with the Adjutant General within 30 days of notice that the
member is liable for restitution. During the pendency of the appeal, the
requirement of restitution is postponed. If the Adjutant General determines
that the member met the requirements for restitution as described in subsection
1, 2 or 3 and that there were not sufficient extenuating circumstances to
excuse the failure of the member to complete satisfactorily the course or
participation in the Maine National Guard, the Adjutant General shall inform
the member of this determination and the member shall make restitution for
those courses for which the Adjutant General determines the member is liable.
The decision of the Adjutant General is final and may not be appealed. [2003, c. 488, §4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
§357. Instate
tuition rates
Regardless of the state of residence, a
member who has met the requirements of this subchapter and is attending a state
postsecondary education institution qualifies for instate tuition rates. [2003, c. 488, §4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
§358. Application
This subchapter applies to school
semesters, trimesters, quarters or terms beginning on or after May 1,
2003. [2003, c. 488, §4 (new); §5 (aff).]
PL 2003, Ch. 488, §4
(NEW).
PL 2003, Ch. 488, §5
(AFF).
Subchapter
8: MISCELLANEOUS PROVISIONS
§381. Fresh
pursuit
Except as provided in this section, no
component of the state military forces, except the National Guard when called
to federal service, may leave the State and no military organization of another
state, unless acting under authority of the United States, may enter the State,
except by permission of the Governor or the Adjutant General. [2001, c. 662, §39 (amd).]
1.
By state military forces. A component of the state military forces may,
upon the order of the officer in immediate command, continue in fresh pursuit
of insurrectionists, saboteurs or enemy forces into another state until those
persons are apprehended or until the military or police forces of the other state
or forces of the United States have had a reasonable opportunity to apprehend
those persons, provided that the other state has given authority by law for
that pursuit by forces of this State. Any person who is apprehended in another
state by any element of the state military forces shall be surrendered without
unnecessary delay to the military or police forces of that state or of the
United States. That surrender shall not constitute a waiver by this State of
its right to extradite or prosecute the person for a crime committed in this
State. [1983, c. 460, §3 (new).]
2.
By forces of other states. A component of the military forces of another
state, which is in fresh pursuit of insurrectionists, saboteurs or enemy
forces, may continue the pursuit into this State until the military or police
forces of this State or the forces of the United States have had reasonable
opportunity to apprehend these persons. The state military forces of the other
state are authorized to detain persons apprehended while in fresh pursuit in
this State. Any person who is detained in this State by military forces of the
other state shall be surrendered without unnecessary delay to the military or
police forces of this State to be dealt with according to law. This subsection
shall not be construed to make unlawful any arrest in this State which would
otherwise be lawful. [1983, c. 460, §3 (new).]
PL 1983, Ch. 460, §3
(NEW).
PL 2001, Ch. 662, §39
(AMD).
§382. Registration
of aliens during time of war
Whenever a state of war exists or is
imminent between the United States and a foreign country, the Governor may by
proclamation direct every citizen or subject of that foreign country within
this State to personally appear within 24 hours after the proclamation or
within 24 hours after his arrival in this State, whichever is later, before the
public authorities named by the Governor in the proclamation. At that time the
citizen or subject of the foreign country shall register his name, residence,
business, length of stay and other information which the Governor may prescribe
in the proclamation. [1983, c. 460, § 3 (new).]
The person in control of each hotel, inn,
boardinghouse, rooming house and private residence within the State shall
within 24 hours after the proclamation notify the public authorities of the
presence in their establishment of every citizen or subject of that foreign
country, and shall each day notify the public authorities of the arrival and
departure of those persons. Failure to comply with the requirements of the
Governor's proclamation or to do or perform any of the acts provided in this
section is a Class E crime. [1983, c. 460, §
3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§383. Awards, medals and prizes
The Governor may prescribe the award of
medals, prizes, citations and other suitable means of public recognition for
distinguished service, longevity, marksmanship, acts of valor, dependability,
meritorious achievement and other qualities. The awards may be made to members
of the state military forces or to individuals not members who have rendered
appropriate service to the military establishment. The Governor shall
promulgate rules to carry out this section. Expenses for procurement of these
awards shall be provided from the Military Fund. [1983, c. 594, § 18 (rpr).]
PL 1983, Ch. 460, §3
(NEW).
PL 1983, Ch. 594, §18
(RPR).
§384. Flag
to be carried
The flag of the State to be carried by
the National Guard shall be the same as the flag described in Title 1, section
206, with addition of a scroll in red below the coat of arms of the State
bearing the inscription, "Maine National Guard." [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§385. National Guard group life insurance
The Adjutant General may enter into
insurance agreements with insurance companies for group life insurance on
behalf of each participating national guardsman called to state active duty and
to pay from departmental funds the cost of each individual's premium for that
insurance. [1983, c. 460, § 3 (new).]
Any insurance agreement entered into
under this authority shall be reviewed and approved by the Superintendent of
Insurance before it becomes effective. All insurance policies shall be issued
by an insurance company licensed by the Bureau of Insurance to do business in
the State. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§386. National Guard Association
1.
Commissioned officers. The commissioned officers of the National Guard may
organize themselves into an association. The name of the association shall be
the "National Guard Association of the State of Maine." The
association may adopt and amend a constitution and bylaws, not repugnant to
law, orders or regulations. The association may take and hold real and personal
property necessary for the purposes of the association. [1983, c. 460, § 3 (new).]
2.
Enlisted personnel. The enlisted personnel of the National Guard may
organize themselves into an association. The name of the association shall be
the "Enlisted National Guard Association of the State of Maine." The
association may adopt and amend a constitution and bylaws, not repugnant to
law, orders or regulations. The association may take and hold real and personal
property necessary for the purposes of the association. [1983, c. 460, § 3 (new).]
PL 1983, Ch. 460, §3
(NEW).
§387. Stay
of forcible entry and detainer during military service
1.
General rule. Whenever any member of the National Guard or the Reserves of
the United States Armed Forces is ordered to military duty in response to
federal or state orders, a forcible entry and detainer action may not be made
of the premises occupied chiefly for dwelling purposes by the military member
or any military family member or other dependents, except upon leave of court
granted upon application for such an action. [2001, c. 662, §40 (new).]
2.
Stay of proceedings. In an action brought pursuant to subsection 1, the
court may on its own motion or upon the motion of the military member or
military family member, stay the proceedings if in the opinion of the court the
ability of the military member or military family member to pay the rent is
materially affected by reason of the military service. The court may make such
other order as may be just under the circumstances, including an order
postponing full payment of the rent. [2001, c. 662,
§40 (new).]
3.
Impact on landlords. When a stay or other order is made pursuant to this
section by the court, the owner of the premises is entitled upon application to
such relief as the court determines just and equitable under the circumstances,
including an order of the military member or military family member to pay the
arrearage in rent upon the release from military service to the extent and for
such a period as may appear to the court just. [2001, c. 662, §40 (new).]
PL 2001, Ch. 662, §40
(NEW).
§388. Educational leave of absence
Whenever any member of the National Guard
or the Reserves of the United States Armed Forces is ordered to military duty
in response to federal or state orders, the educational institution in which
the member is enrolled shall grant the member a military leave of absence from
the educational institution. Upon release from military duty, a person on
military leave of absence from an educational institution is entitled to be
restored to the educational status that person had attained prior to being
ordered to military duty without loss of academic credits earned, scholarships
or grants awarded to tuition, room and board and other fees paid prior to the
commencement of military duty. The educational institution shall
proportionately refund tuition, room and board and other fees paid or credit
them to the next semester or term after the termination of the educational
military leave of absence, at the option of the member. [2001, c. 662, §40 (new).]
PL 2001, Ch. 662, §40
(NEW).
§389. Stay
of proceeding for military members (REPEALED)
PL 2001, Ch. 662, §40
(NEW).
PL 2003, Ch. 404, §6
(RPR).
PL 2005, Ch. 353, §5
(RP ).
§389-A. Service
members' civil relief
1.
Short title. This section may be known and cited as "the Maine
Servicemembers' Civil Relief Act." [2005, c.
353, §6 (new).]
2.
Definitions. As used in this section, unless the context otherwise
indicates, the following terms have the following meanings. [2005, c. 353, §6 (new).]
A. "Court" means any administrative agency, civil court
or venue of a proceeding involving a case management officer.
[2005, c. 353, §6 (new).]
B. "Service member" means a member of the uniformed
services as that term is defined in 10 United States Code, Section 101(a)(5) or
a member of the state military forces as that term is described in section 102,
on active state service as that term is defined in section 101-A.
[2005, c. 353, §6 (new).]
3.
Stay of proceeding. Any action or proceeding in any court in which a
service member is involved, either as plaintiff, defendant or attorney, if the
plaintiff, defendant or attorney is a member of the National Guard or the
Reserves of the United States Armed Forces, during the period of any military
service or within 60 days after any military service, at the discretion of the
court, or by the member's own motion or motion of the court, may be stayed at
any stage of the proceeding unless, in the opinion of the court, the ability of
the plaintiff to prosecute the action, the defendant to conduct the defendant's
defense or the attorney to represent either party is not materially affected by
reason of the member's military service, except that an action or proceeding
involving a child may not be stayed unless the stay is in the best interest of
the child. [2005, c. 353, §6 (new).]
4.
Appearance. An application for a stay of a court or administrative proceeding
pursuant to the Servicemembers' Civil Relief Act of 2003, 50 United States Code
App. Sections 501 to 596, or this section does not constitute an appearance for
any purpose. [2005, c. 353, §6 (new).]
5.
Electronic means; testimony and evidence. Upon motion of a service member
who is a party in a civil case, the court shall allow the service member to
present testimony and evidence by electronic means when the military duties of
the service member have a material effect on the service member's ability to
appear in person at a regularly scheduled hearing, unless good cause is shown.
For purposes of this subsection, "electronic means" includes, but is
not limited to, telephone, video teleconference and the Internet. [2005, c. 353, §6 (new).]
6.
Expedited hearing. Upon motion of a service member who is a party in a
civil case, the court shall hold an expedited hearing when the military duties
of the service member have a material effect on the service member's ability to
appear in person at a regularly scheduled hearing, unless good cause is
shown. [2005, c. 353, §6 (new).]
7.
Transfer of parent-child contact rights. Upon motion of a service member,
or upon the court's own motion, in a case involving parent-child contact, the
court shall allow the service member to temporarily transfer the service
member's contact rights to a relative, by blood or marriage, who has a
significant connection with the child or children when the military duties of
the service member have a material effect on the ability of the service member
to exercise those rights, unless the transfer is not in the best interest of
the child. [2005, c. 353, §6 (new).]
PL 2005, Ch. 353, §6
(NEW).
§390. Deferred motor vehicle insurance coverage
1.
Applicability. This section applies whenever any member of the National
Guard or the Reserves of the United States Armed Forces is ordered to military
duty in response to federal or state orders for 30 or more consecutive
days. [2001, c. 662, §40 (new).]
2.
Deferral of coverage. A member of the military forces as described in
subsection 1 may defer without cost or penalty motor vehicle insurance coverage
during the period of military duty on one or more vehicles owned by the member,
either individually or jointly with another person, as long as the member
certifies to the insurer that the vehicle will not be operated during the
member's absence on military duty and, if a motor vehicle serves as collateral
for a loan, the member must continue to insure it against the risks of property
damage and theft as required by the lender. [2001, c.
662, §40 (new).]
3.
Refund or crediting of prepaid premiums. The insurer shall, at the election
of the member, refund premiums paid for coverage during the period of deferral
or credit those premiums to coverage in effect after the end of the deferral
period. [2001, c. 662, §40 (new).]
4.
Reinstatement of deferred coverage. Upon the member's release or discharge
from military duty, the insurer shall, upon notice, reinstate the member's coverage
at the rates in effect on the date of reinstatement. [2001, c. 662, §40 (new).]
PL 2001, Ch. 662, §40
(NEW).
§390-A. Waiver
of continuing education requirements; extension of license, certificate or
registration
1.
Definitions. As used in this section, unless the context otherwise
indicates, "active duty for a period of more than 30 days" has the
same meaning as in 10 United States Code, Section 101(d)(2). [2005, c. 111, §3 (new).]
2.
Waiver of continuing education requirements. Notwithstanding any other
provision of law, except as provided in Title 12, section 6311 a person who is
a member of the National Guard or the Reserves of the United States Armed
Forces under an order to active duty for a period of more than 30 days and who
was licensed, registered or certified to engage in a profession or occupation
prior to entering into active duty for a period of more than 30 days may not be
required to complete the continuing education requirements for that profession
or occupation for any licensing, registration or certification period during
that period of active duty and for 6 months after that person is released from
active duty. [2005, c. 111, §3 (new).]
3.
Automatic extension of license, certificate or registration. Notwithstanding
any other provision of law, except as provided in Title 12, section 6311 a
person who is a member of the National Guard or the Reserves of the United
States Armed Forces under an order to active duty for a period of more than 30
days and who was licensed, certified or registered to engage in a profession or
occupation prior to being called to active duty for a period of more than 30
days and whose license, certificate or registration expires during that period
of active duty must have that license, certificate or registration
automatically extended for the period of active duty and for 6 months after
that person has been released from active duty. [2005, c. 111, §3 (new).]
4.
Limited application. This section applies only if the member's service is
in support of: [2005, c. 111, §3 (new).]
A. An operational mission for which members of the Reserves of the
United States Armed Forces have been ordered to active duty without their
consent; or
[2005, c. 111, §3 (new).]
B. Forces activated during a period of war declared by the United
States Congress or a period of national emergency declared by the President of
the United States or the United States Congress.
[2005, c. 111, §3 (new).]
PL 2005, Ch. 111, §3
(NEW).
Subchapter 9: MAINE MILITARY
AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§391. Maine Military Authority established
The Maine Military Authority is
established within the Executive Department. [2003, c. 646, §6 (rpr).]
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 342, §4
(AMD).
PL 2003, Ch. 646, §6
(RPR).
§392. Definitions
As used in this subchapter, unless the
context otherwise indicates, the following terms have the following
meanings. [2001, c. 374, §8 (new).]
1.
Authority. "Authority" means the Maine Military Authority. [2001, c. 374, §8 (new).]
2.
Operating revenues. [2003, c. 646, §7 (rp).]
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 646, §7
(AMD).
§393. Maine
Military Authority operation
The Adjutant General operates the
authority under the direction of the Governor and may: [2001, c. 374, §8 (new).]
1.
Execute agreements. Execute cooperative agreements between the Maine
National Guard and the Federal Government or its instrumentalities or
agencies; [2001, c. 374, §8 (new).]
2.
Contract with various entities. Contract with the Federal Government or its
instrumentalities or agencies, the State or its agencies, instrumentalities or
municipalities, foreign governments, public bodies, private corporations,
partnerships, associations and individuals; [2001, c.
374, §8 (new).]
3.
Accept financial assistance. Accept, through the normal budgetary process,
financial assistance and in-kind assistance, advances, loans, grants, gifts,
contributions and other forms of financial assistance from the Federal
Government and the State Government or its agencies, from municipalities or
other public bodies or from other sources, public or private; [2003, c. 646, §8 (amd).]
4.
Provide money for upkeep. Provide from operating revenues money for the
maintenance, construction or reconstruction of capital repair and replacement
items as necessary and approved by the Legislature; [2003, c. 646, §8 (amd).]
5.
Acquire property. Acquire for use by the authority real or personal
property or any interest in real or personal property, including rights or
easements, on either a temporary or permanent basis, by gift, purchase,
transfer, lease or otherwise, subject to the approval of the Legislature; [2003, c. 646, §8 (amd).]
6.
Dispose of property. In accordance with applicable state law, hold, sell,
lease, rent or otherwise dispose of any real or personal property, or any
interest in real or personal property, and release or relinquish any right,
title, claim, lien, interest, easement or demand however acquired, and these
proceeds become and remain operating revenues except that the Adjutant General
may not sell any interest in real property without following the provisions of
section 264; [2003, c. 646, §8 (amd).]
7.
Procure insurance. Procure insurance through the Risk Management Division
against any loss in connection with property of the authority and other assets
in amounts and from insurers that the Director of Risk Management determines
necessary or desirable to protect the State from risks or losses; and [2003, c. 646, §8 (amd).]
8.
Take all other lawful action. Take all other lawful action necessary and
incidental to the powers in this subchapter. [2001, c. 374, §8 (new).]
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 646, §8
(AMD).
§394. Employees
1.
Employees. The Adjutant General may employ technical experts and other
agents and employees, permanent or temporary, for the authority. Such employees
are subject to the Civil Service Law. [2003, c. 646,
§9 (amd).]
2.
Service at pleasure of Adjutant General. The executive director and general
manager serve at the pleasure of the Adjutant General. [2001, c. 374, §8 (new).]
3.
Legal services. The Office of the Attorney General shall provide legal
services for the authority, or, with the permission of the Adjutant General,
retain outside counsel. [2003, c. 646, §9 (amd).]
4.
Establish positions. By financial order, the Adjutant General may establish
positions necessary to support the operations of the Maine Readiness
Sustainment Center in Limestone or to maintain, repair, store and manufacture
equipment under section 157. In order for a position that is established by
financial order to become permanent, it must be presented to the next session
of the Legislature through the normal budgetary process. As a result of their
limited nature, positions funded by the operating revenues of the Maine
Military Authority Enterprise Fund are not included as a part of the overall
position count of state government operations. [2005, c. 12, Pt. MMM, §2 (amd).]
5.
Employee administration. Notwithstanding the provisions of Title 26,
section 979-A, subsection 5, the Governor shall direct the authority to develop
and execute employee relations policies, conduct negotiations with certified
and recognized bargaining agents for its employees and administer and interpret
the collective bargaining agreements applying to the employees of the authority
consistent with the overall objectives of the Governor. The Department of
Administrative and Financial Services, Bureau of Employee Relations shall
assist and advise the Governor and the authority, in order to ensure compliance
with state and federal labor and employment laws consistent with the overall
objectives of the Governor. Employees of the authority are essential employees
for the purpose of shutdown or furlough days imposed on employees of the
State. [2003, c. 646, §9 (new).]
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 646, §9
(AMD).
PL 2005, Ch. 12,
§MMM2 (AMD).
§395. Books
and records
The Adjutant General shall ensure the
accurate and timely maintenance of books, records, accounts and other evidences
of the financial transactions of all the authority's activities in accordance
with accounting standards established by a governmental accounting standards board
and the State Controller. Books and records must be open to inspection and
audit by the Maine National Guard, the State Auditor and the Federal Government
audit in conjunction with federal contracts, agreements, grants or cooperative
agreements but are otherwise confidential and not subject to Title 1, chapter
13, subchapter 1. The State Auditor shall periodically conduct an audit of the
financial records of the authority and report the results of the audit to the
Adjutant General, the State Controller, the Governor and the Legislature. The
Adjutant General may maintain the required books, records, accounts and other
evidences of the financial transactions of all of the authority's activities or
enter into service agreements or contracts with departments and agencies of
State Government for that purpose. [2003, c. 646,
§10 (amd).]
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 646, §10
(AMD).
§396. Budget
The Adjutant General shall establish a
budget for the authority and shall present that budget to the Governor and the
Legislature. [2003, c. 646, §11 (amd).]
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 646, §11
(AMD).
§397. Report
The Adjutant General shall report by
February 15th of the first regular session of each Legislature to the joint
standing committees of the Legislature having jurisdiction over appropriations
and financial affairs and defense, veterans and emergency management matters.
The report must include information about the operation of the authority, its
budget and the distribution of profits generated by the authority. [2001, c. 374, §8 (new).]
PL 2001, Ch. 374, §8
(NEW).
§398. Property
exempt from execution (REPEALED)
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 646, §12
(RP ).
§399. Revenue
Revenue generated by the authority must
first be used to support the operation of the authority, including segregation
of money for future capital repairs. At the close of the fiscal year,
unreserved retained earnings as identified by the State Controller may be
transferred at any time prior to the closing of the books to an account
established within the Military Bureau to be used for capital repairs and
maintenance of state armories and Maine National Guard tuition
assistance. [2003, c. 646, §13 (amd).]
PL 2001, Ch. 374, §8
(NEW).
PL 2003, Ch. 646, §13
(AMD).