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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 03. MILITARY BUREAU
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Title 37-B - §101-A. Definitions
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1987,
Ch. 230,
§1
(NEW).
PL 1995,
Ch. 196,
§B1
(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 - §101. Purpose
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2003,
Ch. 342,
§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 - §102. Composition
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§102. Composition
1. State military forces. The state military forces shall consist of:
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).]
[2003, c. 342, §2 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§15
(AMD).
PL 2003,
Ch. 342,
§2
(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 - §103. Commander in Chief
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §104. Governor's military staff
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§16
(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 - §105. Staff organization
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 370,
§12
(AMD).
PL 1993,
Ch. 680,
§A32
(RPR).
PL 2003,
Ch. 646,
§4
(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 - §106. Assistant adjutants general
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §107. Qualifications for appointment of Adjutant General and assistant adjutant general
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§3
(AMD).
PL 1999,
Ch. 291,
§1
(RPR).
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 - §108. Designation of Deputy Adjutant General
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 512,
§1
(RPR).
PL 1991,
Ch. 376,
§64
(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 - §109. Deputy Adjutant General as bureau director (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§109. Deputy Adjutant General as bureau director (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 634,
§4
(RP ).
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 - §110-A. Honorary military staff
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 2001,
Ch. 662,
§18
(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 - §110. Other staff; aides-de-camp (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§110. Other staff; aides-de-camp (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§17
(RP ).
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 - §111. Enlisted personnel
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§111. Enlisted personnel
As used in this chapter, "enlisted man" or "enlisted men" means enlisted personnel, male or female.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §112. State Area Command
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1985,
Ch. 16,
§
(NEW).
PL 2001,
Ch. 662,
§19
(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 - §141. Military Bureau accounts; Military Fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
div>
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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §142. Military personnel; appointment of officers; enlistment of enlisted personnel
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §143. Pay and allowances
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§4
(AMD).
PL 1997,
Ch. 455,
§13
(RPR).
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 - §144. Civilian employees
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§5
(RPR).
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 - §145. Property and fiscal officer
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §146. Property purchase
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§20
(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 - §147. Retired officers and retired list
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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:
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).]
[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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1995,
Ch. 196,
§A1
(AMD).
PL 2001,
Ch. 662,
§21
(AMD).
PL 2003,
Ch. 583,
§5
(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 - §148. Discharge
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §149. New organizations
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 460,
§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
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Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §150. Unauthorized volunteer service
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
div>
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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1995,
Ch. 196,
§A2
(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 - §151. Military Lodging Fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1983,
Ch. 594,
§6
(NEW).
PL 1997,
Ch. 455,
§14
(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 - §152. Armory Rental Fund; authority to rent armories
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1995,
Ch. 684,
§2
(NEW).
PL 1995,
Ch. 684,
§5
(AFF).
PL 2003,
Ch. 488,
§1
(AMD).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §153. Authority to rent armories
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1995,
Ch. 684,
§2
(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 - §154. Capital Repair Account
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1995,
Ch. 684,
§2
(NEW).
PL 2003,
Ch. 488,
§2
(AMD).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §155. Reimbursement fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1997,
Ch. 455,
§15
(NEW).
PL 2001,
Ch. 353,
§1
(AMD).
PL 2003,
Ch. 488,
§3
(AMD).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §156. Loring Center of Excellence Operations and Maintenance Fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 1999,
Ch. 401,
§K3
(NEW).
PL 2001,
Ch. 374,
§9
(AFF).
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 - §157. Maine Military Authority Enterprise Fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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:
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).]
[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:
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).]
[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).]
Section History:
PL 2001,
Ch. 374,
§7
(NEW).
PL 2003,
Ch. 646,
§5
(RPR).
PL 2005,
Ch. 12,
§MMM1
(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 - §158. Maine Military Family Relief Fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 2: ADMINISTRATION
§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).]
Section History:
PL 2003,
Ch. 703,
§2
(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 - §181-A. Authority to activate
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1995,
Ch. 600,
§2
(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 - §181. Authority to activate (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§181. Authority to activate (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1989,
Ch. 850,
§4
(AMD).
PL 1995,
Ch. 600,
§1
(RP ).
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 - §182. Proclamation of state of insurrection
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§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).]
div>
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).]
div>
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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§7
(AMD).
PL 1995,
Ch. 600,
§3
(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 - §183. Human health emergencies
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§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).]
Section History:
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).
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 - §184. Notice for duty
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1995,
Ch. 600,
§5
(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 - §185. Rights and liabilities of military force members
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§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.
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).]
[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).]
Section History:
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).
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 - §186. Injuries sustained in connection with military duty
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§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.
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).]
[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).]
Section History:
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).
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 - §187. Bounds and limits of camps
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§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 12 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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §188. Closing of stores (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§188. Closing of stores (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2003,
Ch. 583,
§6
(RP ).
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 - §189. Reemployment rights (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 3: ACTIVATION OF STATE MILITARY FORCES
§189. Reemployment rights (REPEALED)
Section History:
PL 1983,
Ch. 594,
§11
(NEW).
PL 1987,
Ch. 285,
§2
(RP ).
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 - §221. Other state military components
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§25
(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 - §222. Militia
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 4: SPECIAL PROVISIONS GOVERNING STATE MILITARY FORCES OTHER THAN THE NATIONAL GUARD
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §223. Naval militia
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 4: SPECIAL PROVISIONS GOVERNING STATE MILITARY FORCES OTHER THAN THE NATIONAL GUARD
§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.
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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §224. Maine State Guard
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 4: SPECIAL PROVISIONS GOVERNING STATE MILITARY FORCES OTHER THAN THE NATIONAL GUARD
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§26
(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 - §225. Enrollment other than National Guard
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 4: SPECIAL PROVISIONS GOVERNING STATE MILITARY FORCES OTHER THAN THE NATIONAL GUARD
§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.
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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §261. Officers provide own uniforms and equipment
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §262. Exemption from attachment and distress
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 5: UNIFORMS AND EQUIPMENT
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §263. Repair of equipment
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 5: UNIFORMS AND EQUIPMENT
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §264. Inspection and condemnation
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 5: UNIFORMS AND EQUIPMENT
§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.
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:
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:
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 12-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).]
[2003, c. 688, Pt. A, §42 (amd).]
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).]
Section History:
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).
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 - §265. State equipment; obsolete ordnance issued to municipalities (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 5: UNIFORMS AND EQUIPMENT
§265. State equipment; obsolete ordnance issued to municipalities (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§30
(RP ).
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 - §266. Prohibited acts
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 5: UNIFORMS AND EQUIPMENT
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§12
(AMD).
PL 1987,
Ch. 208,
§1,2
(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 - §301. Acquisition of property for construction of military facilities
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§13,14
(AMD).
PL 2001,
Ch. 662,
§31,32
(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 - §302. Construction of armories
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 6: CONSTRUCTION OF MILITARY FACILITIES
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§33,34
(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 - §303. Payment of state expenses (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 6: CONSTRUCTION OF MILITARY FACILITIES
§303. Payment of state expenses (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§15
(RP ).
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 - §304. Rent for use of armories (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 6: CONSTRUCTION OF MILITARY FACILITIES
§304. Rent for use of armories (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§15
(RP ).
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 - §305. Use of armories limited (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 6: CONSTRUCTION OF MILITARY FACILITIES
§305. Use of armories limited (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§15
(RP ).
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 - §306. Tax exemption
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 6: CONSTRUCTION OF MILITARY FACILITIES
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §307. Penalty for violation of this section
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 6: CONSTRUCTION OF MILITARY FACILITIES
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§16
(RPR).
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 - §341. Prosecution of offenses
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §342. Prohibited acts; penalties
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7: PENALTIES
§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.
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.
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.
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).]
[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.
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).]
[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).]
Section History:
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).
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 - §343. Parental rights and responsibilities; parent on active duty
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7: PENALTIES
§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:
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).]
[2005, c. 353, §4 (new).]
Section History:
PL 2005,
Ch. 353,
§4
(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 - §351. Maine National Guard Education Assistance Program
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
Section History:
PL 2003,
Ch. 488,
§4
(NEW).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §353. Tuition grant for member
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7-A: MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM (HEADING: PL 2003, c. 488, @4 (new); @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).]
Section History:
PL 2003,
Ch. 488,
§4
(NEW).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §354. Minimum prerequisites
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7-A: MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM (HEADING: PL 2003, c. 488, @4 (new); @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).]
Section History:
PL 2003,
Ch. 488,
§4
(NEW).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §355. Cessation of tuition benefit
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7-A: MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM (HEADING: PL 2003, c. 488, @4 (new); @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).]
Section History:
PL 2003,
Ch. 488,
§4
(NEW).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §356. Restitution
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7-A: MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM (HEADING: PL 2003, c. 488, @4 (new); @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:
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).]
[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).]
div>
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).]
Section History:
PL 2003,
Ch. 488,
§4
(NEW).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §357. Instate tuition rates
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7-A: MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM (HEADING: PL 2003, c. 488, @4 (new); @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).]
Section History:
PL 2003,
Ch. 488,
§4
(NEW).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §358. Application
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 7-A: MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM (HEADING: PL 2003, c. 488, @4 (new); @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).]
Section History:
PL 2003,
Ch. 488,
§4
(NEW).
PL 2003,
Ch. 488,
§5
(AFF).
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 - §381. Fresh pursuit
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§39
(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 - §382. Registration of aliens during time of war
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
div>
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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §383. Awards, medals and prizes
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§18
(RPR).
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 - §384. Flag to be carried
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §385. National Guard group life insurance
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
div>
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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §386. National Guard Association
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
Section History:
PL 1983,
Ch. 460,
§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
Title 37-B - §387. Stay of forcible entry and detainer during military service
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
Section History:
PL 2001,
Ch. 662,
§40
(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 - §388. Educational leave of absence
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
Section History:
PL 2001,
Ch. 662,
§40
(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 - §389-A. Service members' civil relief
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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.
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).]
[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).]
Section History:
PL 2005,
Ch. 353,
§6
(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 - §389. Stay of proceeding for military members (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§389. Stay of proceeding for military members (REPEALED)
Section History:
PL 2001,
Ch. 662,
§40
(NEW).
PL 2003,
Ch. 404,
§6
(RPR).
PL 2005,
Ch. 353,
§5
(RP ).
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 - §390-A. Waiver of continuing education requirements; extension of license, certificate or registration
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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:
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).]
[2005, c. 111, §3 (new).]
Section History:
PL 2005,
Ch. 111,
§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
Title 37-B - §390. Deferred motor vehicle insurance coverage
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 8: MISCELLANEOUS PROVISIONS
§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).]
Section History:
PL 2001,
Ch. 662,
§40
(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 - §391. Maine Military Authority established
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
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).]
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 342,
§4
(AMD).
PL 2003,
Ch. 646,
§6
(RPR).
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 - §392. Definitions
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§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).]
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 646,
§7
(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 - §393. Maine Military Authority operation
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§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).]
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 646,
§8
(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 - §394. Employees
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§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).]
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 646,
§9
(AMD).
PL 2005,
Ch. 12,
§MMM2
(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 - §395. Books and records
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§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).]
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 646,
§10
(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 - §396. Budget
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§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).]
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 646,
§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 - §397. Report
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§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).]
Section History:
PL 2001,
Ch. 374,
§8
(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 - §398. Property exempt from execution (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§398. Property exempt from execution (REPEALED)
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 646,
§12
(RP ).
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 - §399. Revenue
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 3: MILITARY BUREAU
Subchapter 9: MAINE MILITARY AUTHORITY (HEADING: PL 2001, c. 374, @8 (new))
§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).]
Section History:
PL 2001,
Ch. 374,
§8
(NEW).
PL 2003,
Ch. 646,
§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
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