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USA Statutes : maine
Title : Title 37-B. DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING. PL 1997, c. 455, @9 (rpr))
Chapter : Chapter 01. GENERAL PROVISIONS - ORGANIZATION
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Title 37-B - §1. Purpose
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 1: GENERAL PROVISIONS - ORGANIZATION
§1. Purpose
The Department of Defense, Veterans and Emergency Management, as previously established and referred to in this Title as the
"department," shall coordinate and improve the discharge of the State Government's responsibility for military affairs, veterans'
services and emergency management matters.
[2001, c. 614, §2 amd c. 662, §13 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1997,
Ch. 455,
§31
(AMD).
PL 2001,
Ch. 614,
§2
(AMD).
PL 2001,
Ch. 662,
§13
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §2. Composition
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 1: GENERAL PROVISIONS - ORGANIZATION
§2. Composition
The department consists of the following:
[1997, c. 455, §10 (amd).]
1. Military Bureau. The Military Bureau;
[1983, c. 460, §3 (new).]
2. Maine Emergency Management Agency. The Maine Emergency Management Agency; and
[1987, c. 370, §11 (amd).]
3. Bureau of Maine Veterans' Services. The Bureau of Maine Veterans' Services.
[1997, c. 455, §11 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 370,
§10,11
(AMD).
PL 1991,
Ch. 626,
§5
(AMD).
PL 1997,
Ch. 455,
§10,11
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §3. Commissioner; Deputy Adjutant General
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 1: GENERAL PROVISIONS - ORGANIZATION
§3. Commissioner; Deputy Adjutant General
1. Adjutant General. The Adjutant General shall be the Commissioner of Defense, Veterans and Emergency Management and shall:
A. Be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over
veterans' affairs and confirmation by the Legislature and serve at the pleasure of the Governor;
[1995, c. 302, §1 (amd).]
B. Not hold a grade above major general;
[1983, c. 460, §3 (new).]
C. Satisfy the requirements of section 107; and
[1983, c. 460, §3 (new).]
D. Have the following powers and duties.
(1) The Adjutant General shall administer the department subordinate only to the Governor.
(2) The Adjutant General shall establish methods of administration consistent with the law necessary for the efficient operation
of the department.
(3) The Adjutant General may prepare a budget for the department.
(4) The Adjutant General may transfer personnel from one bureau to another within the department.
(5) The Adjutant General shall supervise the preparation of all state informational reports required by the federal military
establishment.
(6) The Adjutant General shall keep an accurate account of expenses incurred and, in accordance with Title 5, sections 43
to 46, make a full report to the Governor as to the condition of the military forces, and as to all business transactions
of the Military Bureau, including detailed statements of expenditures for military purposes.
(7) The Adjutant General is responsible for the custody, care and repair of all military property belonging to or issued
to the State for the military forces and shall dispose of military property belonging to the State that is unserviceable.
The Adjutant General shall account for and deposit the proceeds from that disposal with the Treasurer of State who shall
credit them to the Construction and Capital Repair Account of the Military Bureau.
(8) The Adjutant General may sell for cash to officers of the state military forces, for their official use, and to organizations
of the state military forces, any military or naval property that is the property of the State. The Adjutant General shall,
with an annual report, render to the Governor an accurate account of the sales and deposit the proceeds of the sales with
the Treasurer of State who shall credit them to the General Fund.
(9) The Adjutant General shall represent the state military forces for the purpose of establishing the relationship between
the federal military establishment and the various State military staff departments.
(10) The Adjutant General shall accept, receive and administer federal funds for and on behalf of the State that are available
for military purposes or that would further the intent and specific purposes of this chapter and chapter 3.
(11) The Adjutant General shall acquire, construct, operate and maintain military facilities necessary to comply with this
Title and Title 32 of the United States Code and shall operate and maintain facilities now within or hereafter coming within
the jurisdiction of the Military Bureau.
(12) The Adjutant General may adopt rules pertaining to compliance with state and federal contracting requirements, subject
to the Maine Administrative Procedure Act, Title 5, chapter 375. Those rules must provide for approval of contracts by the
appropriate state agency.
(13) The Adjutant General shall allocate and supervise any funds made available by the Legislature to the Civil Air Patrol.
(14) The Adjutant General shall report at the beginning of each biennium to the joint standing committee of the Legislature
having jurisdiction over veterans' affairs on any recommended changes or modifications to the laws governing veterans' affairs,
particularly as those changes or modifications relate to changes in federal veterans' laws.
(15) The Adjutant General may receive personal property from the United States Department of Defense that the Secretary
of Defense has determined is suitable for use by agencies in law enforcement activities, including counter-drug activities,
and in excess of the needs of the Department of Defense pursuant to 10 United States Code, Section 2576a, and transfer ownership
of that personal property to state, county and municipal law enforcement agencies notwithstanding any other provision of law.
The Adjutant General may receive excess personal property from the United States Department of Defense for use by the department,
notwithstanding any other provision of law.
(16) The Adjutant General may establish a science, mathematics and technology education improvement program for schoolchildren
known as the STARBASE Program. The Adjutant General may accept financial assistance and in-kind assistance, advances, grants,
gifts, contributions and other forms of financial assistance from the Federal Government or other public body or from other
sources, public or private, to implement the STARBASE Program. The Adjutant General may employ a director and other employees,
permanent or temporary, to operate the STARBASE Program.
[2003, c. 590, §1 (amd).]
[2003, c. 590, §1 (amd).]
2. 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, if the office is vacant, until the vacancy is filled by the Governor, as provided
by law. The Deputy Adjutant General may perform other military duties of the Adjutant General as assigned by the Adjutant
General or the Governor.
[1995, c. 196, Pt. C, §1 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§2
(AMD).
PL 1991,
Ch. 376,
§62
(AMD).
PL 1995,
Ch. 196,
§C1
(AMD).
PL 1995,
Ch. 302,
§1
(AMD).
PL 1995,
Ch. 684,
§1
(AMD).
PL 1997,
Ch. 455,
§32
(AMD).
PL 1999,
Ch. 401,
§K2
(AMD).
PL 1999,
Ch. 565,
§1
(AMD).
PL 2001,
Ch. 662,
§14
(AMD).
PL 2003,
Ch. 404,
§2
(AMD).
PL 2003,
Ch. 590,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §4. Directors of bureaus
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 1: GENERAL PROVISIONS - ORGANIZATION
§4. Directors of bureaus
The Director of the Bureau of Maine Veterans' Services and the Director of the Maine Emergency Management Agency are each
appointed by the commissioner and shall serve at the pleasure of the commissioner. The directors must perform other civilian
duties as assigned by the commissioner or Governor.
[1997, c. 643, Pt. Q, §5 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 634,
§3
(RPR).
PL 1989,
Ch. 502,
§A138
(AMD).
PL 1989,
Ch. 878,
§F6
(AMD).
PL 1991,
Ch. 376,
§63
(AMD).
PL 1991,
Ch. 626,
§6
(AMD).
PL 1993,
Ch. 694,
§1
(AMD).
PL 1997,
Ch. 455,
§12
(AMD).
PL 1997,
Ch. 643,
§Q5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §5. Deputy commissioner
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 1: GENERAL PROVISIONS - ORGANIZATION
§5. Deputy commissioner
The commissioner may appoint a deputy commissioner and assign duties and delegate authority to the deputy commissioner as
considered appropriate by the commissioner or Governor. The deputy commissioner serves at the pleasure of the commissioner.
[1997, c. 643, Pt. Q, §6 (new).]
Section History:
PL 1997,
Ch. 643,
§Q6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §6. Issuance of free day use pass and licenses (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 1: GENERAL PROVISIONS - ORGANIZATION
§6. Issuance of free day use pass and licenses (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 63010)
div>
The Commissioner of Defense, Veterans and Emergency Management, in accordance with a memorandum of agreement entered into
with the Commissioner of Conservation and this section, shall issue a free day use pass to state parks and historic sites
to eligible veterans. The commissioner, in accordance with a memorandum of agreement entered into with the Commissioner of
Inland Fisheries and Wildlife and this section, shall issue a free fishing license and free hunting license to eligible veterans
who meet other criteria of the Department of Inland Fisheries and Wildlife for the issuance of licenses.
[2005, c. 268, §3 (new).]
1. Eligibility. The Department of Defense, Veterans and Emergency Management shall determine, based on an examination of an individual's
discharge certificate from active duty services, also known as the DD214, whether the following criteria are met:
A. The person is a resident of this State;
[2005, c. 268, §3 (new).]
B. The person received an honorable discharge or general discharge under honorable conditions; and
[2005, c. 268, §3 (new).]
C. Between October 1, 2001 and January 1, 2010, while a member of the Maine National Guard or an active or reserve member of
the uniformed services as defined in 10 United States Code, Section 101(a)(5), the person served for a minimum of 3 continuous
months outside the United States either:
(1) On an operational mission for which members of the reserve were ordered to active duty; or
(2) 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 Congress.
[2005, c. 268, §3 (new).]
[2005, c. 268, §3 (new).]
2. Duration of passes and licenses. A license or pass issued in accordance with this section is valid for a minimum of 12 months from the date of an eligible
veteran's discharge from active duty. The memoranda of agreement between the departments may allow issuance of passes or
licenses for a period longer than 12 months.
[2005, c. 268, §3 (new).]
3. Responsibilities of commissioner. The Commissioner of Defense, Veterans and Emergency Management shall identify a point of contact within the department to
issue licenses and passes in accordance with this section and the memoranda of agreement entered into with the Department
of Conservation and the Department of Inland Fisheries and Wildlife. The commissioner shall periodically report to the Department
of Conservation with a listing of the names and addresses of all persons receiving passes to state parks and historic sites
and the expiration dates for those passes. The department shall periodically report to the Department of Inland Fisheries
and Wildlife with a listing of the names and addresses of all persons receiving fishing licenses and hunting licenses and
the expiration dates for those licenses.
[2005, c. 268, §3 (new).]
4. Repeal. This section is repealed June 30, 2010.
[2005, c. 268, §3 (new).]
37-B §00006
Issuance of free day use pass and licenses
(WHOLE SECTION TEXT REPEALED 63010 by T. 37-B, §6, sub-§4; PL 2005, c. 268, §3 (new))
Section History:
PL 2005,
Ch. 268,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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