37-B M.R.S. § 742 — ME Code / Title 37-B / Chapter 13 / Section 742
37-B §742. Emergency proclamation
Status: in_force

1. Emergency proclamation. Emergency proclamations must be issued as follows. A. Whenever a disaster or civil emergency exists or appears imminent, the Governor shall, by oral proclamation, declare a state of emergency in the State or any section of the State. If the Governor is temporarily absent from the State or is otherwise unavailable, the next person in the State who would act as Governor if the office of the Governor were vacant may, by oral proclamation, declare the fact that a civil emergency exists or appears sufficiently imminent to activate emergency plans in any or all areas of the State. A written copy of the proclamation must be filed with the Secretary of State within 24 hours of the oral proclamation. [PL 2001, c. 353, §4 (AMD).] B. Subject at all times to the further direction and order of the Governor, an executive proclamation of emergency activates the emergency plans applicable to the affected areas and is the authority for the deployment and use of any forces or resources to which the plan or plans apply. [PL 2001, c. 353, §4 (AMD).] C. After the filing of the emergency proclamation and in addition to any other powers conferred by law, the Governor may: (1) Suspend the enforcement of any statute prescribing the procedures for conduct of state business, or the orders or rules of any state agency, if strict compliance with the provisions of the statute, order or rule would in any way prevent, hinder or delay necessary action in coping with the emergency; (2) Utilize all available resources of the State Government and of each political subdivision of the State as reasonably necessary to cope with the disaster emergency; (3) Transfer the direction, personnel or functions of state departments and agencies, or units thereof, for the purposes of performing or facilitating emergency services; (4) Authorize the obtaining and acquisition of property, supplies and materials pursuant to section 821 ; (5) Enlist the aid of any person to assist in the effort to control, put out or end the emergency or aid in the caring for the safety of persons; (6) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the State, if the Governor determines this action necessary for the preservation of life or other disaster mitigation, response or recovery; (7) Prescribe routes, modes of transportation and destinations in connection with evacuations; (8) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein; (9) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles; (10) Make provision for the availability and use of temporary emergency housing; (11) Order the termination, temporary or permanent, of any process, operation, machine or device which may be causing or is understood to be the cause of the state of emergency for which this proclamation was made; (12) Take whatever action is necessary to abate, clean up or mitigate whatever danger may exist within the affected area; and (13) During a state of emergency declared by the Governor in accordance with this section due to the outbreak of COVID-19: (a) Reasonably adjust time frames and deadlines imposed by law for state, county and municipal governments and other entities when such an adjustment is reasonably necessary to mitigate an effect of the emergency; (b) In consultation with the Public Utilities Commission, suspend the termination of residential electricity and water services during the period of emergency and up to 60 days after the state of emergency is terminated; and (c) Modify or suspend the requirements for professional or occupational licensing or registration by any agency, board or commission if strict compliance with such requirements would in any way prevent, hinder or delay necessary action in dealing with the emergency. The powers granted in divisions (a) and (c) terminate 30 days following the termination of the state of emergency. [PL 2019, c. 617, Pt. H, §1 (AMD).] D. [PL 2019, c. 617, Pt. A, §1 (NEW); MRSA T. 37-B §742, sub-§1, ¶D (RP).] E. In dealing with a declared state of emergency under this subsection, the Governor shall ensure that: (1) Medical privacy and confidentiality requirements, including but not limited to requirements under the federal Health Insurance Portability and Accountability Act of 1996, are followed; and (2) Health care services and surgeries are not considered to be nonessential services. [PL 2021, c. 28, Pt. C, §1 (NEW).] [PL 2021, c. 28, Pt. C, §1 (AMD).]

2. Energy emergency proclamation. Energy emergency proclamations must be issued as follows. A. When an actual or impending acute shortage in energy resources threatens the health, safety or welfare of the citizens of the State, the Governor shall, by oral proclamation, declare that fact and that an energy emergency exists in the State or in any section of the State. A written copy of the proclamation must be filed with the Secretary of State within 24 hours of the oral proclamation. [PL 2001, c. 353, §5 (AMD).] B. Upon the issuance of an energy emergency proclamation and after consulting with the Governor's Energy Office, the Governor may exercise all the powers granted in this chapter, except as specifically limited by paragraph C . The powers of the Governor include, without limitation, the authority to: (1) Establish and implement programs, controls, standards, priorities and quotas for the allocation, conservation and consumption of energy resources; (2) Regulate the hours and days during which nonresidential buildings may be open and the temperatures at which they may be maintained; (3) Regulate the use of gasoline and diesel-powered land vehicles, watercraft and aircraft; (4) After consulting, when appropriate, with the New England governors and upon the recommendations of the Public Utilities Commission, regulate the generation, distribution and consumption of electricity; (5) Establish temporary state and local boards and agencies; (6) Establish and implement programs and agreements for the purposes of coordinating the emergency energy response of the State with those of the Federal Government and of other states and localities; (7) Temporarily suspend truck weight and size regulations, but not in conflict with federal regulations; (8) Regulate the storage, distribution and consumption of home heating oil; and (9) If the energy emergency was caused by a lack of electric grid reliability in this State resulting from insufficient capacity resources, take appropriate action, in consultation with the Public Utilities Commission, to procure sufficient capacity resources including generation capacity and interruptible, demand response or energy efficiency capacity resources. [PL 2011, c. 655, Pt. MM, §19 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).] C. In dealing with a declared energy emergency, the following powers granted by this chapter may not be invoked: (1) The eminent domain powers granted in section 821 ; and (2) The enforcement powers granted in sections 786 and 829 , unless the Governor specifically invokes these powers by an order issued pursuant to an energy emergency proclamation and approved by a majority of the membership of the Legislative Council. That order must specify those emergency orders or rules that are enforceable pursuant to this paragraph and must further specify the enforcement activities emergency management organizations are to pursue. No enforcement action may be taken pursuant to this paragraph without publication of the order authorizing the action in a manner reasonably calculated to give affected persons adequate notice of the order or rule to be enforced, which may include publication on the Internet, and the sanctions to be applied. [PL 2001, c. 353, §5 (AMD).] D. During a declared energy emergency, the following provisions relating to environmental rules apply. (1) Except as provided in subparagraph (2), this subsection may not be construed to authorize the Governor to suspend or to modify orders, rules, standards or classifications issued or enforced by the Department of Environmental Protection or the Maine Land Use Planning Commission. (2) When an energy emergency proclamation is in effect, the Governor may call the Board of Environmental Protection into extraordinary session to consider temporary waivers or suspensions of rules and standards related to air and water quality necessary to relieve then existing energy shortages. At an extraordinary session, the board is empowered, notwithstanding any other provision of law, to approve suspensions or waivers that it determines are necessary to relieve or avoid an energy shortage and will not result in environmental degradation of a permanent or enduring nature. In no event may any suspension or modification be granted that will result in a circumvention of Title 38, sections 481 to 488 , 541 and 557 . The waiver or suspension may not remain in effect longer than 60 days or after the date on which the board renders a further order issued pursuant to the regular procedures specified in Title 38 , whichever first occurs. [PL 2001, c. 353, §5 (AMD); PL 2011, c. 682, §38 (REV).] E. The Superior Court of the county in which a person fails to obey an order or rule promulgated in accordance with this subsection has jurisdiction to issue a restraining order or injunction to enforce the order or rule. That proceeding must be held in accordance with the Maine Rules of Civil Procedure, Rule 65. [PL 2001, c. 353, §5 (AMD).] F. In the event that an order or rule issued by the Governor, pursuant to the powers granted in paragraph B , are to be in effect for longer than 90 days, the Governor shall, before the 80th day following the issuance of the order or rule, convene the Legislature. [PL 1983, c. 460, §3 (NEW).] [PL 2011, c. 655, Pt. MM, §19 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF); PL 2011, c. 682, §38 (REV).]

3. Oil spill emergency proclamation. In the event of a disaster due to an oil spill in coastal waters, the Commissioner of Environmental Protection shall directly represent the Governor in all direct abatement, clean-up and resource protection activities in coordination with federal, industry and other states' response teams. The agency shall assume the other functions prescribed in subsection 1, paragraph C , but does not have supervisory authority over the Department of Environmental Protection in the conduct of response activities on the water. [PL 1991, c. 454, §1 (NEW).]
37-B M.R.S. § 449 — ME Code / Title 37-B / Chapter 5 / Section 449
37-B §449. Breaking arrest
Status: in_force

Any person subject to this Code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 451 — ME Code / Title 37-B / Chapter 5 / Section 451
37-B §451. Sentinels
Status: in_force

Any sentinel or lookout who is found sleeping upon the sentinel's or lookout's post or who leaves it before the sentinel or lookout is regularly relieved must be punished as a court-martial may direct. [RR 2019, c. 1, Pt. B, §42 (COR).]
37-B M.R.S. § 158 — ME Code / Title 37-B / Chapter 3 / Section 158
37-B §158. Maine Military Family Relief Fund
Status: in_force

The Maine Military Family Relief Fund, referred to in this section as "the fund," is established as a nonlapsing fund in the department administered according to rules adopted by the Adjutant General. The funds deposited in the fund include, but are not limited to, fines imposed by the court on any person convicted under Title 17‑A, section 354, subsection 2, paragraph A of theft by deception due to that person's intentional creation or reinforcement of a false impression that the person is a veteran or a member of the Armed Forces of the United States or a state military force. The Adjutant General is authorized to award loans and grants from the fund for emergencies and other special needs to members or families of members of the Maine National Guard or residents of the State who are members or families of members of the Reserves of the Armed Forces of the United States and to distribute funds to a statewide nonprofit organization established for the purpose of providing assistance to members or families of members of the Maine National Guard or residents of the State who are members or families of members of the Reserves of the Armed Forces of the United States. The Adjutant General is authorized to distribute money from the fund to state military welfare societies that the Adjutant General has designated in accordance with section 3, subsection 1, paragraph D , subparagraph (23) for the purpose of providing emergency relief to members of the state military forces and their families in accordance with this section and rules adopted in accordance with this section. The Adjutant General shall require that funds distributed to a designated military welfare society must be segregated from all other funds administered by the society and shall require regular reports on how the society distributed the funds. The Military Bureau shall adopt rules establishing eligibility criteria for the loans and grants. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2019, c. 1, Pt. A, §74 (COR).]

1. We Support Our Troops Advisory Board. [PL 2011, c. 344, §33 (RP).]
37-B M.R.S. § 1114 — ME Code / Title 37-B / Chapter 24 / Section 1114
37-B §1114. Powers of the department
Status: in_force

1. Rules. In accordance with Title 5, chapter 375, subchapter II , the department may adopt, modify or repeal rules for carrying out this chapter. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 460, §3 (NEW).]

2. Emergency situation. When an emergency situation arises, the commissioner shall warn the public of the emergency and, notwithstanding any other provision of law, shall take all actions necessary to protect life and property, which may include, but are not limited to, the following: A. Taking full charge and control of any dam or reservoir; [PL 2001, c. 460, §3 (NEW).] B. Lowering the water level by releasing water from the reservoir; [PL 2001, c. 460, §3 (NEW).] C. Completely emptying the reservoir; [PL 2001, c. 460, §3 (NEW).] D. Breaching or removing the dam itself; and [PL 2001, c. 460, §3 (NEW).] E. Taking other necessary steps to safeguard life and property. [PL 2001, c. 460, §3 (NEW).] [PL 2001, c. 460, §3 (NEW).]

3. Investigations. For the purpose of enabling it to make decisions as compatible as possible with economy and protection of life and property and for the purpose of determining compliance with this chapter, the department may make necessary investigations and inspections. In making investigations and inspections required or authorized by this chapter, the department or its representatives may, as necessary in emergency situations, enter upon public or private property or in nonemergency situations secure administrative warrants from any District Court Judge or Superior Court Justice for the purpose of gaining entry onto private property. [PL 2001, c. 460, §3 (NEW).]

4. Injunction; civil or criminal proceedings. In the event of violation of any of the provisions of this chapter or of any rule, order or decision of the department, the department may institute injunctive proceedings or other civil action as provided in this chapter. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 704 — ME Code / Title 37-B / Chapter 13 / Section 704
37-B §704. Director; duties
Status: in_force

The Maine Emergency Management Agency, as previously established and in this chapter called the "agency," is under the supervision of the Director of the Maine Emergency Management Agency, who in this chapter is called the "director." The director must be qualified by education, training or experience in managing emergencies or in the emergency management profession and is appointed by the Governor upon recommendation of the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over the Department of Public Safety and confirmation by the Legislature. The director serves at the pleasure of the Governor. [PL 2007, c. 3, §1 (AMD).]

The director may employ technical, administrative and operative assistants and other personnel, subject to the Civil Service Law, and make expenditures, with approval of the commissioner, that are necessary to carry out the purposes of this chapter. [PL 2013, c. 146, §7 (AMD).]

The director, subject to the direction and control of the commissioner, is responsible administratively to the commissioner, retains direct access to the Governor in the case of an emergency and is responsible for notifying the Governor and the commissioner of all emergencies. The director is the executive head of the agency and is responsible for carrying out the program for emergency management. [PL 2013, c. 146, §7 (AMD).]

The director shall: [PL 2013, c. 146, §7 (NEW).]

1. Emergency management; disaster response. Represent the Governor in all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of the State; [PL 2013, c. 146, §7 (NEW).]

2. Coordination. Coordinate the activities of all organizations for emergency management within the State; [PL 2013, c. 146, §7 (NEW).]

3. Liaison. Maintain liaison with and cooperate with emergency management and public safety agencies and organizations of other states, the Federal Government and foreign countries and their political subdivisions; [PL 2013, c. 146, §7 (NEW).]

4. Local emergency management; assessment. Prior to the annual meeting required in section 782, subsection 4 , provide to each of the local emergency management organizations of the State an annual assessment of each organization's degree of emergency management capability and any other information pertinent to ensuring the public's welfare and safety within the local organization's jurisdiction; [PL 2013, c. 146, §7 (NEW).]

5. Public safety radio frequencies; assessment. Conduct periodic assessments at least once every 2 years of the use of public safety radio frequencies in emergency situations to ensure that first responders obtain sufficient training to understand and comply with adopted protocols and procedures; [PL 2013, c. 146, §7 (NEW).]

6. Public education. Develop and conduct an annual program of comprehensive public education, using all appropriate means of communication to educate and inform members of the public and public officials about emergency preparedness, response, recovery, prevention and mitigation. The program must incorporate the use of appropriate accessible formats to educate and inform individuals with disabilities, individuals who are elderly and non-English-speaking residents of the State; [PL 2013, c. 146, §7 (NEW).]

7. Training program. Develop and conduct an annual statewide program of emergency management training, including the assessment, development and implementation of appropriate training for state, county and local emergency management and response and support personnel, public officials and the public. The program must address all hazards and threats identified pursuant to section 783 ; [PL 2013, c. 146, §7 (NEW).]

8. Exercises; evaluations; corrective actions. Develop and conduct an annual statewide program of emergency management exercises, evaluations and corrective actions to test and improve the policies and plans of the state, county and local emergency management agencies. The program must address all hazards and threats identified pursuant to section 783 ; [PL 2013, c. 146, §7 (NEW).]

9. Emergency operations center. Maintain and operate a primary State Emergency Operations Center and designate an alternate State Emergency Operations Center pursuant to section 741, subsection 3, paragraph G-1 ; [PL 2013, c. 146, §7 (NEW).]

10. Risk assessment; emergency planning guidance. Develop and disseminate risk assessment and emergency planning guidance in conformance with current federal requirements and national standards for use by the agency and county, regional and municipal jurisdictions; [PL 2013, c. 146, §7 (NEW).]

11. Comprehensive emergency management plan. Develop and maintain a comprehensive emergency management plan for the State that is in conformance with guidance developed under subsection 10 ; and [PL 2013, c. 146, §7 (NEW).]

12. Additional duties and authority. Carry out any additional duties and assume such additional authority as may be prescribed by the commissioner or the Governor. [PL 2013, c. 146, §7 (NEW).]
37-B M.R.S. § 432 — ME Code / Title 37-B / Chapter 5 / Section 432
37-B §432. Reconsideration
Status: in_force

1. Return of record. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. [PL 1983, c. 460, §3 (NEW).]

2. Errors. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case may the record be returned: A. For reconsideration of a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; [PL 1983, c. 460, §3 (NEW).] B. For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this Code; or [PL 1983, c. 460, §3 (NEW).] C. For increasing the severity of the sentence, unless the sentence imposed is less than the mandatory sentence prescribed for the offense. [PL 1983, c. 460, §3 (NEW).] [PL 1983, c. 460, §3 (NEW).]

3. Rehearing. A rehearing must be ordered as follows. A. If the convening authority disapproves of the findings and sentence, the convening authority shall state the reasons for disapproval, and may order a rehearing, except where there is lack of sufficient evidence in the record to support the findings. If the convening authority disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges. [RR 2019, c. 1, Pt. B, §33 (COR).] B. Each rehearing must take place before a court-martial composed of members who were not members of the court-martial that first heard the case. Upon a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial. No sentence more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. [RR 2019, c. 1, Pt. B, §33 (COR).] [RR 2019, c. 1, Pt. B, §33 (COR).]
37-B M.R.S. § 501 — ME Code / Title 37-B / Chapter 7 / Section 501
37-B §501. Purpose
Status: in_force

The Maine Bureau of Veterans' Services, referred to in this chapter as the "bureau," is established and shall provide informational services, program assistance, memorial facilities and financial aid to veterans in the State and their dependents in order to ensure that they receive all entitlements due under the law, are relieved to the extent possible of financial hardship, receive every opportunity for self-improvement through higher education and are afforded proper recognition for their service and sacrifice to the Nation. The bureau shall serve as the primary source of information for veterans in the State regarding all services, benefits and honors administered by the State and, to the maximum extent possible, services and benefits provided by the United States Department of Veterans Affairs, veterans' service organizations and other organizations dedicated to serving veterans. [PL 2019, c. 377, §1 (AMD).]

The bureau acts as the primary public advocate for veterans before the United States Department of Veterans Affairs. [PL 2001, c. 662, §60 (NEW).]
37-B M.R.S. § 513-A — ME Code / Title 37-B / Chapter 7 / Section 513-A
37-B §513-A. Veterans' homelessness prevention coordination
Status: in_force

1. Veterans' homelessness prevention partnership. The director may, through one or more collaborative agreements, establish a program of partnerships with human services‑based volunteer organizations to provide transitional housing to homeless veterans and coordinate efforts to remedy and prevent homelessness among veterans in this State. The volunteer organizations must have as their core programs addressing homelessness and veterans' services and have been active in the State for at least 2 years. Priority must be given to an organization founded, chartered or organized in the State. The director may accept donations from outside sources and state and federal funding to accomplish the priorities of the partnerships. To the extent state, federal or outside funding is available, the priorities of these partnerships, listed in order of priority, include, but are not limited to: A. Identifying homeless veterans in the State; [PL 2019, c. 504, §2 (NEW).] B. Identifying and securing temporary or permanent living space for veterans within the veterans' communities; [PL 2019, c. 504, §2 (NEW).] C. Providing disbursements to human services‑based volunteer organizations that provide transitional housing to homeless veterans pursuant to collaborative agreements entered into pursuant to this subsection; and [PL 2025, c. 57, §1 (AMD).] D. Conducting annual outreach events, targeted to reach the maximum number of veterans in need, to disseminate information on resources and services available to assist homeless veterans. [PL 2019, c. 504, §2 (NEW).] [PL 2025, c. 57, §1 (AMD).]

2. Rules. The bureau may adopt rules necessary to implement this section, including to define "veterans" for purposes of this section, to govern collaborative agreements with human services‑based volunteer organizations and to govern disbursements from the Veterans' Homelessness Prevention Partnership Fund. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 57, §1 (AMD).]

3. Fund established. The Veterans' Homelessness Prevention Partnership Fund, a nonlapsing fund, is established under the bureau for the purpose of receiving funds from state, federal and other sources, including donations from private citizens, corporations and entities for the purpose of this section. The bureau shall use the fund to provide disbursements to organizations, businesses, landlords or other entities to prevent homelessness among veterans in this State and to otherwise carry out the purposes of this section. [PL 2025, c. 57, §1 (AMD).]
37-B M.R.S. § 224 — ME Code / Title 37-B / Chapter 3 / Section 224
37-B §224. Maine State Guard
Status: in_force

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. [PL 1983, c. 460, §3 (NEW).]

1. Composition. When activated, the Maine State Guard must 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 the person is a member of the National Guard or any component of the United States Armed Forces, active or reserve. [RR 2019, c. 1, Pt. B, §12 (COR).]

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 may 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 considers practicable and desirable, must conform to existing laws, rules and regulations pertaining to the National Guard. The oath to be taken by officers and enlisted personnel in the Maine State Guard must be substantially the same as that prescribed for officers and enlisted personnel of the National Guard. The words "Maine State Guard" must be substituted where necessary. The term of service of officers or enlisted personnel in the Maine State Guard must be the same as that prescribed for officers and enlisted personnel of the National Guard. [RR 2019, c. 1, Pt. B, §13 (COR).]

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 the Governor 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. [RR 2019, c. 1, Pt. B, §14 (COR).]

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. [PL 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 that the United States Secretary of the Army in the secretary's discretion, and under regulations determined by the secretary, 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 that are available. [RR 2019, c. 1, Pt. B, §15 (COR).]

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. [PL 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 the person's enlistment or commission in the Maine State Guard, be exempted from military service under any law of the United States. [RR 2019, c. 1, Pt. B, §16 (COR).]

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. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 801 — ME Code / Title 37-B / Chapter 13 / Section 801
37-B §801. Fees
Status: in_force

1. Fees required. The operators of any facility that is required to report to the State Emergency Response Commission under the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Sections 311, 312 and 313, are subject to the fees adopted pursuant to subsection 2 . All fees collected pursuant to this section shall be deposited in the Emergency Response Commission Fund. [PL 1989, c. 464, §3 (NEW).]

2. Fees established. The director, with the advice of the commission and subject to the Maine Administrative Procedure Act, shall promulgate rules to establish a fee schedule for: A. Registering facilities, not to exceed $100 per facility; and [PL 2023, c. 62, §8 (AMD).] B. Reporting hazardous materials, on a weight basis per chemical. [PL 1989, c. 464, §3 (NEW).] [PL 2023, c. 62, §8 (AMD).]

3. Fee caps. Facility owners and operators shall be subject to maximum fees of $5,000 per facility for reporting hazardous materials under this section. [PL 1989, c. 464, §3 (NEW).]

4. Fee exemptions. The following operators are exempt from the following requirements under this section. A. Retail marketers of petroleum products with a storage capacity of 75,000 pounds or less per product shall be exempt from the reporting fee. [PL 1989, c. 464, §3 (NEW).] B. Owners and operators of commercial agricultural operations are exempt from the fee requirements under this section for registering agricultural facilities and for hazardous materials used in the commercial production of agricultural products as defined in Title 7, section 152, subsection 2 . Agricultural product processing facilities are not exempt from the fee requirements. For the purposes of this section, "processing" does not include the packaging of raw commodities or agricultural products for resale. [PL 2007, c. 649, §9 (AMD).] C. Public schools are exempt from registration fees and inventory fees imposed pursuant to this section prior to March 1, 1994 for underground storage tanks. This paragraph does not exempt a public school from registration or inventory requirements other than the payment of fees prior to March 1, 1994 for underground storage tanks. [PL 1993, c. 571, §1 (NEW).] [PL 2007, c. 649, §9 (AMD).]
37-B M.R.S. § 798 — ME Code / Title 37-B / Chapter 13 / Section 798
37-B §798. Emergency notification
Status: in_force

1. Immediate notification. In the event of an unlicensed release from any facility where a CERCLA hazardous substance or an extremely hazardous substance is produced, used or stored that requires reporting under the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Section 103(a) or the federal Superfund Amendments and Reauthorization Act of 1986, Title III, Section 304(a), the owner or operator of the facility at which the release occurs must immediately contact the local fire department with jurisdiction over the site, the State Police as the designated agent for the commission and the community emergency coordinator. This oral notification must contain, to the extent known at the time of notice and so long as no delay in responding to the emergency results, information included in the Maine Emergency Management Agency's AR-1 form including: A. The specific location of the release; [PL 1989, c. 464, §3 (NEW).] B. Identification of the chemical released and the estimated quantity released; [PL 1989, c. 464, §3 (NEW).] C. The time and duration of the release; [PL 1989, c. 464, §3 (NEW).] D. The environmental media into which the chemical was released; [PL 1989, c. 464, §3 (NEW).] E. Any known or anticipated acute or chronic health risks; [PL 1989, c. 464, §3 (NEW).] F. Any precautions that should be taken, including evacuation or medical surveillance; and [PL 1989, c. 464, §3 (NEW).] G. The names and telephone numbers of parties to be contacted for further information. [PL 1989, c. 464, §3 (NEW).] [RR 2021, c. 1, Pt. A, §50 (COR).]

2. Transportation releases. For releases of substances covered under this subchapter during transportation, the responsible party must contact the State Police. [PL 1989, c. 464, §3 (NEW).]

3. Follow-up report. Within 14 days of the release, the owner or operator must file with the commission and committee a follow-up emergency notice, which details all of the information in subsection 1 , along with: A. Actions taken to respond to and contain the release; [PL 1989, c. 464, §3 (NEW).] B. The cause of the release and the events leading to it; [PL 1989, c. 464, §3 (NEW).] C. The known or anticipated health risks of the release and any medical attention needs of exposed persons; and [PL 1989, c. 464, §3 (NEW).] D. The measures taken or to be taken to avoid recurrence. [PL 1989, c. 464, §3 (NEW).] [PL 1989, c. 464, §3 (NEW).]
37-B M.R.S. § 1127 — ME Code / Title 37-B / Chapter 24 / Section 1127
37-B §1127. Emergency action plans
Status: in_force

Within 6 months after the determination of classification, the owner of a dam under the commissioner's jurisdiction that is classified as high or significant hazard potential shall prepare an emergency action plan, which must be updated every 2 years. Such emergency action plans must be reviewed for adequacy by the department. Emergency plans must follow a model plan supplied by the department. All emergency action plans must be available and on file at the appropriate local and county government offices and at the department. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 949-H — ME Code / Title 37-B / Chapter 16-B / Section 949-H
37-B §949-H. Relation to other laws
Status: in_force

1. Other laws unaffected. This chapter does not limit the rights, privileges or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided in subsection 2 , this chapter does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact or the International Emergency Management Assistance Compact. [PL 2017, c. 396, §5 (NEW).]

2. Exceptions; Emergency Management Assistance Compact and International Emergency Management Assistance Compact. The Maine Emergency Management Agency, pursuant to section 784‑A , the Emergency Management Assistance Compact and the International Emergency Management Assistance Compact, may incorporate into the emergency forces of this State volunteer health practitioners who are not officers or employees of this State, a political subdivision of this State or a municipality or other local government within this State. [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 153 — ME Code / Title 37-B / Chapter 3 / Section 153
37-B §153. Authority to rent armories, readiness centers and other real property
Status: in_force

The Military Bureau may rent armories, readiness centers and other real property for activities that do not conflict with the military training mission. [PL 2017, c. 108, §4 (AMD).]
37-B M.R.S. § 306 — ME Code / Title 37-B / Chapter 3 / Section 306
37-B §306. Tax exemption
Status: in_force

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. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 428 — ME Code / Title 37-B / Chapter 5 / Section 428
37-B §428. Execution of sentences
Status: in_force

1. Imprisonment. Under instructions issued by the Governor, a sentence of imprisonment adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by imprisonment in any place designated as provided in section 408 . Persons confined in a correctional center not under the control of one of the military forces are subject to the same discipline and treatment as persons committed by the courts of the State. Any period of imprisonment included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to imprisonment is suspended or deferred must be excluded in computing the service of the term of imprisonment. [PL 2001, c. 662, §53 (AMD).]

2. Forfeiture. Whenever a sentence includes both a forfeiture of pay and allowances and imprisonment and the imprisonment is not suspended or deferred, the forfeiture may apply only to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. [PL 1983, c. 460, §3 (NEW).]

3. Effective date. Sentences of courts-martial are effective on the date ordered executed, except another date may be required by subsection 1 or 2 . [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 261 — ME Code / Title 37-B / Chapter 3 / Section 261
37-B §261. Officers provide own uniforms and equipment
Status: in_force

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. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 927 — ME Code / Title 37-B / Chapter 16 / Section 927
37-B §927. Supplementary agreements--Article VII
Status: in_force

Because it is probable that the pattern and detail of the machinery for mutual aid among 2 or more states may differ from that among the states that are party to this compact, this compact contains elements of a broad base common to all states, and nothing in this compact precludes any state from entering into supplementary agreements with another state or affects any other agreements already in force between states. Supplementary agreements may include, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 357 — ME Code / Title 37-B / Chapter 3 / Section 357
37-B §357. In-state tuition rates
Status: in_force

Unless otherwise provided under this subchapter, a member who is approved to receive tuition benefits under this subchapter qualifies for in-state tuition rates. [PL 2017, c. 419, §4 (AMD).]
37-B M.R.S. § 744 — ME Code / Title 37-B / Chapter 13 / Section 744
37-B §744. Disaster relief
Status: in_force

1. Financial assistance to individuals. Whenever the President has declared a major disaster to exist in this State, the Governor may: A. Accept a grant of financial assistance from the Federal Government, subject to such terms and conditions as may be imposed upon the grant and upon the Governor's determination that financial assistance is essential to meet necessary expenses or serious needs of individuals or families caused by the disaster that cannot otherwise adequately be met; [RR 2019, c. 1, Pt. B, §46 (COR).] B. Enter into an agreement with the Federal Government, or any officer or agency thereof, pledging the State to participate in up to 25% of the financial assistance authorized in this subsection. If state funds are not otherwise available, the Governor may accept an advance of the state's share from the Federal Government to be repaid when the State is able to do so; and [PL 1983, c. 460, §3 (NEW).] C. Notwithstanding any other provision of law or regulation, make financial grants to meet necessary expenses or serious needs of individuals or families caused by the disaster that cannot otherwise adequately be met. A grant to an individual or family may not exceed in the aggregate for any single major disaster declared by the President the amount established by the Federal Government for the limit on grants to individuals under any federal disaster assistance program for individuals and families. [PL 2003, c. 404, §8 (AMD).] [RR 2019, c. 1, Pt. B, §46 (COR).]

2. Community disaster loans. [PL 1985, c. 794, Pt. A, §4 (RP).]

2-A. Assistance to local governmental units. Assistance to local governmental units is governed as follows. A. Whenever the President of the United States declares that an emergency or a major disaster exists in the State, the Governor may: (1) Apply for a public assistance grant from the Federal Government under Public Law 93-288 on behalf of both the State and local governmental units for the purposes of emergency work or repairing or replacing publicly owned facilities within the disaster area or relocating public facilities outside of the disaster area; (2) Obligate state financial resources, as a condition for receiving such a federal grant, up to, but not in excess of, 25% of the total public assistance requested; and (3) Enter into an agreement with the affected local governmental units to obligate local financial resources up to, but not in excess of, 10% of the total cost of damage to local public facilities, as long as the local share does not exceed 10% of total local annual operating budget, exclusive of educational budgets. [PL 2025, c. 194, §1 (AMD).] B. If the President of the United States declares that an emergency or a major disaster exists in the State, the Governor may: (1) Apply for a loan from the Federal Government on behalf of a unit of local government if the Governor determines that the unit will suffer a substantial loss of tax and other revenues as a result of an emergency or a major disaster and has demonstrated a need for financial assistance to perform its governmental functions; (2) Receive and disburse the proceeds of any approved loan to an applicant local government; (3) Determine the amount needed by any applicant local government to restore or resume its governmental functions and certify the amount to the Federal Government, except that no application amount may exceed 25% of the annual operating budget of the applicant for the fiscal year in which the emergency or major disaster occurs; and (4) Recommend to the Federal Government, based upon the Governor's review, the cancellation of all or any part of repayment when, after 3 full fiscal years following the emergency or major disaster, the revenues of the local government are insufficient to meet its operating expenses, including additional municipal expenses related to the emergency or disaster. [PL 2025, c. 194, §1 (AMD).] [PL 2025, c. 194, §1 (AMD).]

3. Temporary housing. Temporary housing may be provided as follows. A. Whenever the Governor has proclaimed a disaster emergency under the laws of this State, or the President has declared an emergency or a major disaster to exist in this State, the Governor may: (1) Enter into purchase, lease or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and make these units available to any political subdivision of the State; (2) Assist any political subdivision of the State, in which is located temporary housing for disaster victims, acquire sites necessary for the temporary housing and do all things required to prepare the sites to accommodate temporary housing units. This may be accomplished by advancing or lending funds available to the Governor from any appropriation made by the Legislature or from any other source, and "passing through" funds made available by any agency, public or private; or by becoming a partner with the political subdivision for the execution and performance of any temporary housing project for disaster victims. For those purposes, the Governor may pledge the credit of the State on terms that the Governor considers appropriate, having due regard for current debt transactions of the State; and (3) Suspend or modify a state health, safety, zoning, transportation or other requirement of law or rule when the Governor considers suspension or modification necessary to provide temporary housing for disaster victims. That suspension or modification must be in accordance with rules adopted by the Governor and may not exceed 60 days' duration. [RR 2019, c. 1, Pt. B, §48 (COR).] B. Any political subdivision of this State is expressly authorized to acquire, temporarily or permanently, by purchase, lease or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, which are necessary to prepare or equip those sites to accommodate the housing units. [PL 1983, c. 460, §3 (NEW).] [RR 2019, c. 1, Pt. B, §48 (COR).]

4. Debris removal in major disasters. In major disasters, debris may be removed as follows. A. Whenever the Governor has declared a disaster emergency to exist under the laws of this State, or the President has declared a major disaster or emergency to exist in this State, the Governor may: (1) Notwithstanding any other provision of law, through the use of state departments or agencies or the use of any of the state's instrumentalities, clear or remove from publicly-owned or privately-owned land or water, debris and wreckage that may threaten public health or safety, or public or private property; (2) Accept funds from the Federal Government and utilize those funds to make grants to any local government for the purpose of removing debris or wreckage from publicly-owned or privately-owned land or water; and (3) Notwithstanding any other provision of law, agree to indemnify the Federal Government against any claim arising from debris and wreckage removal from private property. [PL 2003, c. 404, §9 (AMD).] B. The following conditions apply to the execution of removal or clearance. (1) Authority under this subsection shall not be exercised unless the affected local government, corporation, organization or individual first presents an unconditional authorization for removal of the debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, also first agrees to indemnify the State Government against any claim arising from that removal. (2) Whenever the Governor provides for clearance of debris or wreckage pursuant to paragraph A , employees of the designated state agencies or individuals appointed by the State are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation. (3) Except in cases of willful misconduct, gross negligence or bad faith, any state employee or agent complying with orders of the Governor and performing duties pursuant thereto under this section shall not be liable for death of or injury to persons or damage to property occurring during performance of those duties. [PL 1983, c. 460, §3 (NEW).] [PL 2003, c. 404, §9 (AMD).]

5. Terms. As used in this section, "major disaster," "emergency" and "temporary housing" have the same meaning as in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended. [PL 2001, c. 662, §80 (AMD).]

6. Rules. The Governor shall make rules necessary for carrying out this section, including, but not limited to, standards of eligibility for persons applying for benefits; procedures for applying for and administration of relief; methods of investigation, filing and approving applications and formation of local or statewide boards to pass upon applications and procedures for appeals. [PL 1983, c. 460, §3 (NEW).]

7. Authority not limited. Nothing contained in this section may be construed to limit the Governor's authority to apply for, administer and expend any grants, gifts or payments in aid of disaster prevention, preparedness, response or recovery. [PL 1983, c. 460, §3 (NEW).]

8. Penalty. Any person who knowingly makes a misstatement of fact in connection with an application for financial assistance under this section is guilty of a Class D crime. [PL 1983, c. 460, §3 (NEW).]

9. Application. This section does not apply to federal funds received under section 746 . [PL 2021, c. 1, Pt. BB, §1 (NEW).]
37-B M.R.S. § 705 — ME Code / Title 37-B / Chapter 13 / Section 705
37-B §705. Rules; appeal from administrative action
Status: in_force

The director shall adopt reasonable rules to carry out this chapter in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II . Those rules shall not become effective until approved in writing by the Governor. [PL 1983, c. 460, §3 (NEW).]

Any person aggrieved by rule or an act or order of the director enforcing a rule may appeal by filing a complaint in the Superior Court within 30 days. The court may affirm or reverse the rule, act or order of the director and the decision of the court shall be final. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 450 — ME Code / Title 37-B / Chapter 5 / Section 450
37-B §450. Under influence of alcohol or drugs on duty
Status: in_force

Any person subject to this Code who is found under the influence of alcoholic liquor or any drug while on duty or reporting for duty must be punished as a court-martial may direct. [PL 2001, c. 662, §58 (AMD).]
37-B M.R.S. § 183 — ME Code / Title 37-B / Chapter 3 / Section 183
37-B §183. Human health emergencies
Status: in_force

Personnel and equipment of the Maine National Guard may be employed in the case of human health emergencies. [PL 1995, c. 600, §4 (AMD).]

1. Activation of Maine National Guard. In the event of illness, injury, missing persons or loss of life, creating an emergency that requires specialized personnel or equipment of the Maine National Guard to prevent human suffering, increased health risk or loss of life, the Governor or the Governor's designee may order into active state service the necessary personnel and equipment of the Maine National Guard. Human health emergencies may include medical evacuation and search and rescue under Title 6, section 303 and Title 12, section 10105 , which may include providing emergency helicopter airlift service. Any person ordered into active state service, for the purposes of this subsection, is considered a state employee for purposes of the Maine Tort Claims Act and that person's liability is limited by that Act. [PL 2003, c. 414, Pt. B, §69 (AMD); PL 2003, c. 614, §9 (AFF).]

2. Immunity from civil liability. In addition to all existing tort immunities enumerated in the Maine Tort Claims Act any person ordered into active state service, for the purposes of this section, is immune from civil liability for damages to the same extent as any person who renders assistance pursuant to Title 14, section 164 . [PL 1995, c. 600, §4 (AMD).]

3. Accounting. At least 30 days before the end of each fiscal year, the Adjutant General shall prepare an accounting of all expenses incurred pursuant to this section since any prior accounting and shall present this accounting to the Commissioner of Health and Human Services for payment. [PL 1995, c. 600, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

4. Reimbursement. [PL 1995, c. 600, §4 (RP).]
37-B M.R.S. § 949-J — ME Code / Title 37-B / Chapter 16-B / Section 949-J
37-B §949-J. Limitations on civil liability for volunteer health practitioners
Status: in_force

A volunteer health practitioner who provides health services or veterinary services in accordance with this chapter is immune from liability for injury or death arising from the provision of those services to the extent provided in Title 24, section 2904 . [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 949-F — ME Code / Title 37-B / Chapter 16-B / Section 949-F
37-B §949-F. No effect on credentialing and privileging
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Credentialing" means obtaining, verifying and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility. [PL 2017, c. 396, §5 (NEW).] B. "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status and specialized skill. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

2. Health facility autonomy over credentialing and privileging. This chapter does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect. [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 433 — ME Code / Title 37-B / Chapter 5 / Section 433
37-B §433. Appeal
Status: in_force

Upon petition of the accused, the Supreme Judicial Court shall review the record of any court-martial approved by the convening authority. [PL 2001, c. 662, §54 (AMD).]

The accused shall file the petition for review within 30 days of the time the accused is notified of the approval of the case by the convening authority. [PL 2001, c. 662, §54 (AMD).]

On the same date that the accused files the petition for review in the Supreme Judicial Court, the accused shall file a notice of the accused's intention to appeal with the convening authority. Within 30 days, the convening authority shall forward the complete transcript of the case to the Supreme Judicial Court. [PL 2001, c. 662, §54 (AMD).]
37-B M.R.S. § 410 — ME Code / Title 37-B / Chapter 5 / Section 410
37-B §410. Information on charges; speedy trial
Status: in_force

When any person subject to this Code is arrested or confined prior to trial, immediate steps must be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person. [RR 2019, c. 1, Pt. B, §25 (COR).]
37-B M.R.S. § 504 — ME Code / Title 37-B / Chapter 7 / Section 504
37-B §504. Maine Veterans' Memorial Cemetery System
Status: reserved

1. Land acquisition. The director may acquire by eminent domain in accordance with Title 35‑A, chapter 65 and with approval of the Governor, or by purchase, gift or otherwise, real estate in fee simple, or any interest therein, for use by the Maine Veterans' Memorial Cemetery System. [PL 2001, c. 662, §63 (AMD).]

2. Superintendent of the cemetery system. The director, with approval of the appointing authority, shall appoint a competent and trustworthy superintendent of the cemetery system and shall arrange for personnel, material and equipment necessary for adequate maintenance of the cemeteries. [PL 2009, c. 406, §9 (AMD).]

3. Monuments, buildings and markers. The director shall erect a suitable monument in the center of each cemetery. A. The monument must be suited to the topography of the land and display, on suitable flag poles, the national emblem and the state flag in accordance with the Flag Code. [PL 1991, c. 626, §12 (AMD).] B. The immediate area surrounding the monument must be prepared and reserved as a suitable place for commemorating Memorial Day and other appropriate observances. The remaining grounds must be laid out in a manner suitable to the topography of the land, expanding from the center when possible. Suitable buildings may be erected for purposes the director determines necessary. [PL 2019, c. 377, §2 (AMD).] C. All nongreen burial section grave markers must be flat-type granite or 42-inch upright white marble grave markers as furnished by the United States Department of Veterans Affairs, National Cemetery Administration. Grave markers for a green burial section must be granite as furnished by the National Cemetery Administration. All caskets used for burial in nongreen burial sections must be protected with permanent vaults. Permanent vaults must be reinforced and properly cured and match pounds per square inch specifications imposed by the National Cemetery Administration. Vaults may be either water-resistant or waterproof or have drain holes in their liner boxes as long as they meet the stated specifications. Headstones and vaults are not provided at state expense. The process of a burial in a green burial section may not include the use of embalming fluids and must use a shroud made of natural biodegradable fabric, and the decedent must be strapped onto a wooden board of appropriate size or placed in a wicker casket or a wooden casket that has been assembled with wooden dowels and contains no metal. [PL 2019, c. 377, §3 (AMD).] [PL 2019, c. 377, §§2, 3 (AMD).]

4. Burials. Burials in the cemeteries must be as follows. A. [PL 1985, c. 117, §1 (RP).] A-1. As used in this subsection, unless the context indicates otherwise, the following terms have the following meanings. (1) "Eligible dependent" means: (a) The spouse or surviving spouse of an eligible veteran even if that veteran is not buried or memorialized in the cemetery system or the surviving spouse of a member of the United States Armed Forces whose remains are unavailable for burial; (b) The surviving spouse of an eligible veteran who had a subsequent remarriage to a person who is not a veteran when the surviving spouse's death occurred on or after January 1, 2000; (c) A minor child of an eligible veteran. For purposes of this division, a minor child is a child who is unmarried and: (i) Has not attained 21 years of age; or (ii) Has not attained 23 years of age and is pursuing a full-time course of instruction at an educational institution offering an accredited postsecondary educational degree program; and (d) An unmarried adult child of an eligible veteran if that child became permanently physically or mentally disabled and incapable of self-support: (i) Before attaining 21 years of age; or (ii) Before attaining 23 years of age if supporting documentation exists that the adult child was pursuing a full-time course of instruction at an educational institution offering an accredited postsecondary educational degree program. (2) "Eligible veteran" means any person who: (a) Served in the active United States Armed Forces and who: (i) If discharged, received an honorable discharge or a general discharge under honorable conditions, as long as the discharge was not upgraded through a program of general amnesty; and (ii) If having served as an enlisted person after September 7, 1980 or as an officer after October 16, 1981, served for a minimum of 24 continuous months or the full period for which the person was called to active duty; (b) Served in the Maine National Guard and died as a result of injury, disease or illness sustained while serving on active state service; (d) Served in the Reserve Components of the United States Armed Forces and was entitled to retired pay under 10 United States Code, chapter 1223, section 12731 or would have been entitled to retired pay under chapter 1223, section 12731 except that the person was under 60 years of age; or (e) Died while serving in the Active Guard Reserve and whose death is determined to be in the line of duty. (3) "Program of general amnesty" does not include the process for upgrading a discharge for state law purposes under section 517 . [PL 2023, c. 202, §2 (AMD).] B. The director must allow the earth burial in one of the cemeteries of any eligible veteran who requests burial in the cemetery system. The director must allow the veteran the option of crypt burial if crypt space exists. All burials must be without charge. [PL 1999, c. 401, Pt. II, §1 (AMD).] B-1. The director may allow the earth burial in one of the cemeteries of a person, and any spouse or minor child of that person, who meets the criteria established by the department by rule and who died while: (1) A member or former member of the National Guard; (2) A member or former member of the state military forces or the Reserve Components of the United States Armed Forces; or (3) A member of a reserve officer training corps of the United States Armed Forces. The department shall adopt rules necessary to implement this paragraph, including rules governing the eligibility for burial in the cemeteries. In establishing criteria for the burial of a person under this paragraph, the department shall ensure that such criteria comply with any applicable state or federal requirements. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 593, §1 (NEW).] C. At the dependent's request, the director must allow an eligible dependent of a veteran to be buried in one of the cemeteries if, at the date of the dependent's death, the veteran would be eligible for burial. Dependents may be buried in the same grave as the veteran or adjacent to the veteran, in accordance with regional state veterans' cemetery procedures, without charge, so long as: (1) If the veteran dies first, the dependents specify in writing their intention to be so buried; (2) If the dependent dies first, the veteran specifies in writing the intention to be buried in the same grave as the dependent or adjacent to the dependent; or (3) Eligible family members of members of the armed services or veterans who are permanently buried overseas, buried at sea, missing in action and declared dead, or whose bodies are inaccessible for other reasons, may be buried in one of the cemeteries if the deceased member of the armed services or veteran was eligible for the burial at the time of death. [PL 2007, c. 167, §3 (AMD).] D. The plots must be reserved as necessary and a permanent record of all burials must be kept. [PL 1999, c. 401, Pt. II, §1 (AMD).] E. Remains of eligible veterans or eligible dependents previously buried in other cemeteries may be reinterred in one of the cemeteries upon request, as long as no cost other than that which would be incurred in an original burial is borne by the State. [PL 2007, c. 167, §4 (AMD).] F. This subsection may not be construed to obligate the State beyond the furnishing of a grave site, opening and closing of the grave and maintenance of the grave and the cemeteries thereafter in perpetuity. [PL 1999, c. 401, Pt. II, §1 (AMD).] G. The interment of an eligible veteran or eligible dependent is permanent and final except that the director may allow disinterment as long as there is no cost to the State. [PL 2011, c. 539, §1 (NEW).] H. A person is not eligible for interment under this chapter if the person has: (1) Been convicted of the crime of murder; (2) Been convicted of a crime in another jurisdiction punishable by a sentence of life imprisonment or death; (3) Been convicted of a Class A or Class B crime under: (a) Title 17‑A, chapter 11 ; (b) Title 17‑A, chapter 12 ; (c) Title 17‑A, section 301, subsection 1, paragraph A , subparagraph (3) if the crime is committed prior to January 1, 2022; or (d) Title 17‑A, section 301, subsection 1, paragraph A , subparagraph (3-A) if the crime is committed on or after January 1, 2022; (4) Been convicted of a Class C crime under Title 17‑A, section 853, subsection 1 ; (5) Been convicted of a military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151; (6) Been convicted under any other jurisdiction's sex offender laws requiring the person to register for life; or (7) Been found to have committed any crime listed in subparagraphs (1) to (6) but has not been convicted because the person has not been available for trial due to the person's death or flight to avoid prosecution. A finding under this subparagraph must be made by the appropriate federal official. Any such finding may be based only upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate federal official. For purposes of this subparagraph, "appropriate federal official" means the Secretary of Veterans Affairs, in the case of the National Cemetery Administration, or the Secretary of the Army, in the case of the Arlington National Cemetery. [PL 2021, c. 299, Pt. B, §4 (AMD).] [PL 2023, c. 202, §2 (AMD).]

5. Weekend visitation. The director of the cemetery system shall arrange for public access during weekend daylight hours and regularly scheduled weekday visiting hours unless closure of the cemetery is considered necessary by the director for security or public safety purposes. [PL 2007, c. 368, §1 (AMD).]

6. Maine Veterans' Memorial Cemetery Maintenance Fund. There is established the Maine Veterans' Memorial Cemetery Maintenance Fund, an interest-bearing account, referred to in this subsection as "the fund." The fund receives money deposited by the Treasurer of State pursuant to Title 36, section 5289 and any other money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the maintenance and upkeep of Maine veterans' cemeteries and for the necessary administrative and personnel costs associated with the management of the fund. Money in the fund may not be deposited in the General Fund or any other fund except as specifically provided by law. [PL 2005, c. 519, Pt. RRR, §2 (NEW); PL 2005, c. 519, Pt. RRR, §3 (AFF).]

7. Flag placement program. The director of the cemetery system shall establish a program to facilitate the placement of 12-inch by 18-inch American flags at the graves of veterans buried in the Maine Veterans' Memorial Cemetery System. This program must allow for volunteer organizations to place flags on graves beginning 2 days prior to the day Memorial Day is observed and for removal by volunteer organizations 3 days after the day Memorial Day is observed. The director of the cemetery system shall permit a limited extension beyond the 3 days, so that the flags do not have to be removed in inclement weather. The director of the cemetery system is authorized to use funds as provided in subsection 8 and to accept private donations of flags, tools or other equipment necessary to implement the program. [PL 2007, c. 368, §2 (NEW).]

8. Flag placement fund. There is established the Maine Veterans' Memorial Cemetery Flag Placement Fund, an interest-bearing account, referred to in this subsection as "the fund." The fund receives money appropriated from the General Fund and any other money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used to implement the flag placement program as described in subsection 7 , specifically for the purchase of new flags as needed to ensure each veteran's grave is decorated as required by subsection 7 and as replacements for damaged flags. Money in the fund may not be deposited in the General Fund or any other fund except as specifically provided by law. [PL 2007, c. 368, §3 (NEW).]
37-B M.R.S. § 1 — ME Code / Title 37-B / Chapter 1 / Section 1
37-B §1. Purpose
Status: in_force

The Department of Defense, Veterans and Emergency Management, as previously established and referred to in this Title as the "department," shall coordinate and improve the discharge of the State Government's responsibility for military affairs, veterans' services and emergency management matters. [PL 2001, c. 614, §2 (AMD); PL 2001, c. 662, §13 (AMD).]
37-B M.R.S. § 186 — ME Code / Title 37-B / Chapter 3 / Section 186
37-B §186. Injuries sustained in connection with military duty
Status: in_force

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. [PL 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. [PL 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. [PL 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. [PL 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 . [PL 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. [PL 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 . [PL 2001, c. 662, §24 (AMD).] [PL 2001, c. 662, §24 (AMD).]

2. Average weekly wage; death benefits. [PL 1987, c. 271 (RP).]

3. Setoff. [PL 1987, c. 271 (RP).]

4. Federal pay status. [PL 1987, c. 271 (RP).]
37-B M.R.S. § 391 — ME Code / Title 37-B / Chapter 3 / Section 391
37-B §391. Maine Military Authority established
Status: in_force

The Maine Military Authority is established within the Executive Department. [PL 2003, c. 646, §6 (RPR).]
37-B M.R.S. § 422 — ME Code / Title 37-B / Chapter 5 / Section 422
37-B §422. Counsel
Status: in_force

1. Appointment. For each court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the authority considers appropriate. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel, or unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution. [RR 2019, c. 1, Pt. B, §31 (COR).]

2. Qualifications. Trial counsel or defense counsel detailed for a court-martial: A. Shall be: (1) A graduate of an accredited law school; and (2) A member of: (a) The bar of this State; (b) The bar of a federal court; or (c) The bar of the highest court of another state; and [PL 1983, c. 594, §27 (AMD).] B. Shall be certified as competent to perform those duties by the state judge advocate. [PL 1983, c. 460, §3 (NEW).] [PL 1983, c. 594, §27 (AMD).]
37-B M.R.S. § 187 — ME Code / Title 37-B / Chapter 3 / Section 187
37-B §187. Bounds and limits of camps
Status: in_force

The bounds and limits of camps may be fixed and intrusion within those limits may be restricted as follows. [PL 1983, c. 460, §3 (NEW).]

1. Fixing the limits. A commanding officer on duty may fix necessary bounds and limits to the commanding officer's camp or parade. In doing so, the commanding officer may not prevent passage along a through road. By order of the Governor, the commanding officer may, as described in subsection 2 , restrict use or passage through an extended area not more than 1/2 mile around the camp. The owners of land within that surrounding security area and their agents may 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. [RR 2019, c. 1, Pt. B, §7 (COR).]

2. Confinement of intruders. Any person who intrudes within the fixed limits after being forbidden, or resists a sentinel attempting to put or keep the person 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. [RR 2019, c. 1, Pt. B, §8 (COR).]

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. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 385 — ME Code / Title 37-B / Chapter 3 / Section 385
37-B §385. National Guard group life insurance
Status: in_force

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. [PL 1983, c. 460, §3 (NEW).]

Any insurance agreement entered into under this authority shall be reviewed and approved by the Superintendent of Insurance before it becomes effective. All insurance policies shall be issued by an insurance company licensed by the Bureau of Insurance to do business in the State. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 514 — ME Code / Title 37-B / Chapter 7 / Section 514
37-B §514. Coordinated Veterans Assistance Fund; establishment; report
Status: in_force

The Coordinated Veterans Assistance Fund, referred to in this section as "the fund," is established to provide financial assistance to veterans' service organizations. Beginning July 1, 2013 the director shall make distributions from the fund as follows: [PL 2013, c. 128, §3 (NEW).]

1. Transportation for medical needs of veterans. Fifteen thousand dollars annually to a veterans' service organization that has maintained for the previous 5 years consecutively as of January 1, 2013 a program of providing transportation to veterans receiving medical services at the Veterans Administration Hospital at Togus or outreach centers of the veterans hospital; [PL 2013, c. 128, §3 (NEW).]

2. Veteran service officers at veterans hospital. Sixty-four thousand five hundred dollars annually to each veterans' service organization that has funded and maintained a veteran service officer at the Veterans Administration Hospital at Togus for at least one year as of January 1, 2013. If revenues in the fund are insufficient to make the full amount of the distributions required by this subsection, the director shall divide the amount of available funds equally between the veterans' service organizations; and [PL 2013, c. 569, §6 (AMD).]

3. Other veterans programs. The remainder of the funds, distributed by the director after payment of any fees applied by the State for administration of the fund, as follows: A. Sixty-eight percent to the Maine Veterans Memorial Cemetery System Care Fund established by section 512, subsection 1 ; [PL 2013, c. 128, §3 (NEW).] B. Twenty percent to organizations that coordinate an annual event to benefit homeless veterans by providing warm clothing and personal items; and [PL 2013, c. 128, §3 (NEW).] C. Twelve percent to purchase flags for graves at veterans' cemeteries. [PL 2013, c. 128, §3 (NEW).] [PL 2013, c. 128, §3 (NEW).]

Beginning in 2014, the director shall submit a report annually by February 15th regarding the distribution of these funds, including information from organizations that received the funds, to the joint standing committee of the Legislature having jurisdiction over veterans affairs. [PL 2013, c. 128, §3 (NEW).]
37-B M.R.S. § 937 — ME Code / Title 37-B / Chapter 16-A / Section 937
37-B §937. Party jurisdiction responsibilities - Article III
Status: in_force

1. Formulate plans and programs. It is the responsibility of each party jurisdiction to formulate procedural plans and programs for interjurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating such plans, and in carrying them out, the party jurisdictions, to the extent practical, shall: A. Review individual party jurisdiction hazards analysis and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages; [PL 1999, c. 696, §1 (NEW).] B. Review party jurisdictions' individual emergency plans and develop a plan that will determine the mechanism for the interjurisdictional management and provision of assistance concerning any potential emergency; [PL 1999, c. 696, §1 (NEW).] C. Develop interjurisdictional procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans; [PL 1999, c. 696, §1 (NEW).] D. Assist in warning communities adjacent to or crossing jurisdictional boundaries; [PL 1999, c. 696, §1 (NEW).] E. Protect and ensure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material; [PL 1999, c. 696, §1 (NEW).] F. Inventory and set procedures for the interjurisdictional loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and [PL 1999, c. 696, §1 (NEW).] G. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances over which the province or state has authority that restrict the implementation of the responsibilities described in this subsection. [PL 1999, c. 696, §1 (NEW).] [PL 1999, c. 696, §1 (NEW).]

2. Request assistance. The authorized representative of a party jurisdiction may request assistance of another party jurisdiction by contacting the authorized representative of that party jurisdiction. The provisions of this compact only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in writing within 30 days of the verbal request. Requests must provide the following information: A. A description of the emergency service function for which assistance is needed, including but not limited to: fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue; [PL 1999, c. 696, §1 (NEW).] B. The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; and [PL 1999, c. 696, §1 (NEW).] C. The specific place and time for staging of the assisting party's response and a point of contact at the location. [PL 1999, c. 696, §1 (NEW).] [PL 1999, c. 696, §1 (NEW).]

3. Consultation between party jurisdictions' officials. There must be frequent consultation between the party jurisdictions' officials who have assigned emergency management responsibilities and other appropriate representatives of the party jurisdictions and the federal governments, with free exchange of information, plans and resource records relating to emergency capabilities. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 420 — ME Code / Title 37-B / Chapter 5 / Section 420
37-B §420. Composition of court-martial
Status: in_force

1. Commissioned officer. A commissioned officer is eligible to serve on any court-martial for the trial of a person who may lawfully be brought before the court for trial. [PL 1983, c. 460, §3 (NEW).]

2. Warrant officer. A warrant officer is eligible to serve on a court-martial for the trial of a person, other than a commissioned officer, who may lawfully be brought before the court for trial. [PL 1983, c. 460, §3 (NEW).]

3. Enlisted member. An enlisted member is eligible to serve on a court-martial for the trial of an enlisted member of an armed force who may lawfully be brought before the court for trial. An enlisted accused may not be tried by a court-martial that does not include in its membership enlisted members in a number comprising at least 1/3 of the total membership of the court. [PL 2001, c. 662, §51 (AMD).]

4. Rank or grade. Except where it cannot be avoided, a member of the military forces may not be tried by a court-martial any member of which is junior in rank or grade to the member being tried. When convening a court-martial, the convening authority shall detail persons in the military forces who, in the convening authority's opinion, are qualified for the duty by reason of age, education, training, experience, length of service and judicial temperament. No member of the military forces may serve as a member of a court-martial when the member is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. [RR 2019, c. 1, Pt. B, §28 (COR).]
37-B M.R.S. § 352 — ME Code / Title 37-B / Chapter 3 / Section 352
37-B §352. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]

1. Course. "Course" means a class taught over a semester, trimester, quarter or term. [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]

2. Degree program. "Degree program" means a course of study designed to culminate in a specific degree, diploma or certificate. [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]

3. Member. "Member" means a member of a federally recognized unit of the Maine National Guard. [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]

4. State postsecondary education institution. "State postsecondary education institution" means the University of Maine System, the Maine Maritime Academy, the Maine Community College System or any other college or university system established as a public instrumentality of this State, the Maine Criminal Justice Academy, or a private nonprofit postsecondary education institution in this State registered with the Military Bureau as a participating institution in accordance with this subchapter. [PL 2017, c. 419, §1 (AMD).]

5. Tuition. "Tuition" means the total semester, trimester, quarter or term or credit hour cost of instruction to the student as periodically published in the catalog of a state postsecondary education institution, excluding mandatory fees and lab fees and other expenses such as book charges, room and board. [PL 2015, c. 465, Pt. D, §4 (AMD).]

6. Tuition benefit. "Tuition benefit" means tuition provided by the Maine National Guard using either state or federal funds or waivers of tuition from a state postsecondary education institution. [PL 2015, c. 465, Pt. D, §4 (AMD).]

7. Unsatisfactory participant. "Unsatisfactory participant" means a member who has accumulated 9 or more unexcused absences from unit training assemblies or who within a 12-month period, without proper authorization, fails to attend or complete the entire period of annual training. [PL 2015, c. 465, Pt. D, §4 (AMD).]
37-B M.R.S. § 933 — ME Code / Title 37-B / Chapter 16 / Section 933
37-B §933. Additional provisions--Article XIII
Status: in_force

This compact does not authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call the militia into federal service or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under 18 United States Code, Section 1385. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 946 — ME Code / Title 37-B / Chapter 16-A / Section 946
37-B §946. Severability - Article XII
Status: in_force

This chapter is construed to effectuate the purposes stated in section 935 . If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the constitutionality of the remainder of this chapter and the applicability of the chapter to other persons and circumstances is not affected. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 938 — ME Code / Title 37-B / Chapter 16-A / Section 938
37-B §938. Limitation - Article IV
Status: in_force

Any party jurisdiction requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms of this compact, except that it is understood that the party jurisdiction rendering aid may withhold resources to the extent necessary to provide reasonable protection for that party jurisdiction. Each party jurisdiction shall afford to the emergency forces of any party jurisdiction, while operating within its jurisdiction limits under the terms and conditions of this compact and under the control of an officer of the requesting party jurisdiction, the same powers, duties, rights, privileges and immunities as are afforded similar or like forces of the party jurisdiction in which they are performing emergency services. Emergency forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency services authorities of the party jurisdiction receiving assistance. These conditions may be activated, as needed, by the party jurisdiction that is to receive assistance or commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect or loaned resources remain in the receiving party jurisdiction or jurisdictions, whichever is longer. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 407 — ME Code / Title 37-B / Chapter 5 / Section 407
37-B §407. Arrest or confinement
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following words have the following meanings. A. "Arrest" is the restraint of a person by an order directing the person to remain within certain specified limits and that is not imposed as a punishment for an offense. [RR 2019, c. 1, Pt. B, §24 (COR).] B. "Confinement" is the physical restraint of a person. [PL 1983, c. 460, §3 (NEW).] [RR 2019, c. 1, Pt. B, §24 (COR).]

2. Order. A person subject to this Code who is charged with an offense under this Code may be ordered into arrest or confinement, as circumstances require. A. An enlisted person may be ordered into arrest or confinement by any officer by an order, oral or written, delivered in person or through other persons subject to this Code. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted persons of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement. [PL 2001, c. 662, §44 (AMD).] B. An officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority the officer or warrant officer is subject. The order may be oral or written and delivered in person or by another officer. The authority to order officers or warrant officers into arrest or confinement may not be delegated. [PL 2001, c. 662, §44 (AMD).] [PL 2001, c. 662, §44 (AMD).]

3. Not a limitation. Nothing in this section may be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until the proper authority may be notified. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 8 — ME Code / Title 37-B / Chapter 1 / Section 8
37-B §8. Issuance of free day use pass to veterans
Status: in_force

The Commissioner of Defense, Veterans and Emergency Management, in accordance with a memorandum of agreement entered into with the Commissioner of Agriculture, Conservation and Forestry and this section, shall issue a free day use pass to state parks and historic sites to eligible veterans. [PL 2009, c. 440, §5 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

1. Eligibility. The Department of Defense, Veterans and Emergency Management shall determine, based on an examination of an individual's discharge certificate from active duty services, also known as the DD214, whether the following criteria are met: A. The person is a resident of this State; and [PL 2009, c. 440, §5 (NEW).] B. The person received an honorable discharge or general discharge under honorable conditions. [PL 2009, c. 440, §5 (NEW).] [PL 2009, c. 440, §5 (NEW).]

2. Responsibilities of commissioner. The Commissioner of Defense, Veterans and Emergency Management shall identify a point of contact within the department to issue passes in accordance with this section, Title 12, section 1819‑A and the memorandum of agreement entered into with the Commissioner of Agriculture, Conservation and Forestry. The Commissioner of Defense, Veterans and Emergency Management shall periodically report to the Department of Agriculture, Conservation and Forestry with a listing of the names and addresses of all persons receiving passes to state parks and historic sites and the beginning dates for those passes. A pass issued under this section does not expire and is valid for the lifetime of the holder. [PL 2009, c. 440, §5 (NEW); PL 2011, c. 657, Pt. W, §§5, 6 (REV).]
37-B M.R.S. § 2 — ME Code / Title 37-B / Chapter 1 / Section 2
37-B §2. Composition
Status: in_force

The department consists of the following: [PL 1997, c. 455, §10 (AMD).]

1. Military Bureau. The Military Bureau; [PL 1983, c. 460, §3 (NEW).]

2. Maine Emergency Management Agency. The Maine Emergency Management Agency; and [PL 1987, c. 370, §11 (AMD).]

3. Maine Bureau of Veterans' Services. The Maine Bureau of Veterans' Services. [PL 1997, c. 455, §11 (AMD); PL 2019, c. 377, §6 (REV).]
37-B M.R.S. § 149 — ME Code / Title 37-B / Chapter 3 / Section 149
37-B §149. New organizations
Status: in_force

When authorized by the national military establishment, new organizations may be raised on petition to the Governor, or by the Governor's order. When the minimum number of persons required by law has been enlisted and notice thereof given to the Governor, the Governor 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. [RR 2019, c. 1, Pt. B, §6 (COR).]
37-B M.R.S. § 402 — ME Code / Title 37-B / Chapter 5 / Section 402
37-B §402. Definitions
Status: in_force

As used in this Code, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 460, §3 (NEW).]

1. Accuser. "Accuser" means a person who: A. Signs and swears to charges; [PL 1983, c. 460, §3 (NEW).] B. Directs that charges be signed and sworn in the name of another; or [PL 1983, c. 460, §3 (NEW).] C. Has an interest, other than an official interest, in the prosecution of the accused. [PL 1983, c. 460, §3 (NEW).] [PL 1983, c. 460, §3 (NEW).]

2. Active service. Active service is defined in section 101‑A, subsection 1 . [PL 1987, c. 230, §2 (RPR).]

3. Code. "Code" means this chapter. [PL 1983, c. 460, §3 (NEW).]

4. Commanding officer. "Commanding officer" means any officer vested with the authority for the direction, coordination and control of a military unit. [PL 2001, c. 662, §41 (AMD).]

5. Enlisted person. "Enlisted person" means any person who is serving in an enlisted grade in any military force. [PL 1983, c. 460, §3 (NEW).]

6. Military forces. Military forces is defined in section 101‑A, subsection 2 . [PL 1987, c. 230, §2 (RPR).]

7. Military judge. "Military judge" means an official of a court-martial detailed in accordance with section 221 . [PL 1983, c. 460, §3 (NEW).]

8. Military unit. "Military unit" means any military element whose structure is prescribed by a competent authority, such as a table of organization and equipment. [PL 1983, c. 460, §3 (NEW).]

9. Officer. "Officer" means a commissioned or warrant officer. [PL 1983, c. 460, §3 (NEW).]

10. Superior officer. "Superior officer" means an officer superior in rank or command. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 832 — ME Code / Title 37-B / Chapter 13 / Section 832
37-B §832. Political activity prohibited
Status: in_force

An emergency management organization established under the authority of this chapter may not participate in any form of political activity and may not be employed directly or indirectly for political purpose. [PL 2003, c. 510, Pt. A, §41 (RPR).]
37-B M.R.S. § 221 — ME Code / Title 37-B / Chapter 3 / Section 221
37-B §221. Other state military components
Status: in_force

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 that the Governor directs. Those components consist of the militia, the naval militia and the Maine State Guard. [RR 2019, c. 1, Pt. B, §9 (COR).]

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 that the Governor directs, including duties that the National Guard would be called to perform, consistent with this chapter and other applicable laws. [RR 2019, c. 1, Pt. B, §10 (COR).]

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. [PL 1983, c. 460, §3 (NEW).]

4. Applicability of provisions. [PL 2001, c. 662, §25 (RP).]
37-B M.R.S. § 1111 — ME Code / Title 37-B / Chapter 24 / Section 1111
37-B §1111. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 460, §3 (NEW).]

1. Dam. "Dam" means any artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts water, and that: A. Is 25 feet or more in height from the natural bed of the watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier to the maximum water storage elevation and impounds at least 15 acre-feet of water; or [PL 2001, c. 460, §3 (NEW).] B. Is 6 feet or more in height from the natural bed of the watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier to the maximum water storage elevation and has an impounding capacity at maximum water storage elevation of 50 acre-feet or more. [PL 2001, c. 460, §3 (NEW).] [PL 2001, c. 460, §3 (NEW).]

2. Commissioner. "Commissioner" means the Commissioner of Defense, Veterans and Emergency Management. [PL 2001, c. 460, §3 (NEW).]

3. Emergency. "Emergency" means breaches and all conditions leading to or causing a breach, overtopping or any other condition in a dam and its appurtenant structures that may be construed as unsafe or threatening to life and property. [PL 2001, c. 460, §3 (NEW).]

4. Emergency situation. "Emergency situation" means a situation determined by the commissioner, after consultation with other state and federal agencies if time permits, to present a potential but real and impending danger to life, limb or property because of flooding or potential and imminent flooding and includes a situation that the Governor declares to be an emergency pursuant to section 742 . [PL 2001, c. 460, §3 (NEW).]

5. Emergency action plan. "Emergency action plan" means a set of written instructions or guidelines for use by public officials that recommends actions that, when implemented, will minimize the effects of a dam failure on people and property. [PL 2001, c. 460, §3 (NEW).]

6. Hazard potential. "Hazard potential" means the possible adverse incremental consequences that result from the release of water or stored contents due to failure of the dam or misoperation of the dam or appurtenances. The hazard potential classification of a dam does not reflect in any way on the current condition of the dam and its appurtenant structures. The classifications are as follows: A. High hazard potential dam. "High hazard potential dam" means a dam assigned the high hazard potential classification where failure or misoperation will probably cause loss of human life; [PL 2001, c. 460, §3 (NEW).] B. Low hazard potential dam. "Low hazard potential dam" means a dam assigned the low hazard potential classification where failure or misoperation results in no probable loss of human life and low economic and environmental losses. Losses are principally limited to the owner's property; and [PL 2001, c. 460, §3 (NEW).] C. Significant hazard potential dam. "Significant hazard potential dam" means a dam assigned the significant hazard potential classification where failure or misoperation results in no probable loss of human life but can cause major economic loss, environmental damage or disruption of lifeline facilities or affect other concerns. Significant hazard potential dams are often located in predominantly rural or agricultural areas but could be located in areas with population and significant infrastructure. [PL 2001, c. 460, §3 (NEW).] [PL 2001, c. 460, §3 (NEW).]

7. Necessary remedial measure. "Necessary remedial measure" means any repair or hazard-reducing measure relating to a structural component or operation of a dam needed to mitigate a specific condition at the dam that constitutes a threat to public safety. [PL 2001, c. 460, §3 (NEW).]

8. Person. "Person" means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state department, federal department or other legal entity. [PL 2001, c. 460, §3 (NEW).]

9. Public safety. "Public safety" or "safety of the public" means protection of life, health or property from any condition, event or action at a dam that might compromise the safety, stability or integrity of the dam or its ability to function safely. [PL 2001, c. 460, §3 (NEW).]

10. State dam inspector. "State dam inspector" means an inspector appointed or hired under section 1117 . [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 381 — ME Code / Title 37-B / Chapter 3 / Section 381
37-B §381. Fresh pursuit
Status: in_force

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. [PL 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. [PL 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. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 425 — ME Code / Title 37-B / Chapter 5 / Section 425
37-B §425. Pretrial procedures
Status: in_force

Except as provided otherwise by this Code, the pretrial and trial procedures before a court-martial must be in accordance with the procedures set forth in the United States Uniform Code of Military Justice, Title 10, United States Code, Chapter 47, for a special court-martial and the United States Manual for Courts-Martial as each is revised from time to time. [PL 2001, c. 662, §52 (AMD).]
37-B M.R.S. § 5 — ME Code / Title 37-B / Chapter 1 / Section 5
37-B §5. Deputy commissioner
Status: in_force

The commissioner may appoint a deputy commissioner and assign duties and delegate authority to the deputy commissioner as considered appropriate by the commissioner or Governor. The deputy commissioner serves at the pleasure of the commissioner. [PL 1997, c. 643, Pt. Q, §6 (NEW).]
37-B M.R.S. § 436 — ME Code / Title 37-B / Chapter 5 / Section 436
37-B §436. New trial
Status: in_force

At any time after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. The state judge advocate shall review the petition, the record and such other evidence as the state judge advocate considers appropriate and report to the convening authority the state judge advocate's recommendation to grant or deny a new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section 432, subsection 3 . Upon filing of the petition for a new trial, any proceedings pending upon appeal or review of sentence must be dismissed. [RR 2019, c. 1, Pt. B, §35 (COR).]
37-B M.R.S. § 786 — ME Code / Title 37-B / Chapter 13 / Section 786
37-B §786. Enforcement
Status: in_force

1. Law enforcement officers. Duly appointed law enforcement officers of local, state and sheriffs' organizations are empowered to enforce any of the provisions of this chapter or any rules promulgated thereunder in times of an emergency or during authorized alerts, including partial or full mobilization necessary to carry out section 742 . Failure to comply with any just or reasonable order relative to enforcement from a duly appointed law enforcement officer is a Class E crime. [PL 1983, c. 460, §3 (NEW).]

2. Arrest powers. Duly appointed law enforcement officers of local, state and sheriffs' organizations shall have the power to arrest persons found in violation of any provision of this chapter or any rules promulgated in times of emergency to carry out section 742 . [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 503 — ME Code / Title 37-B / Chapter 7 / Section 503
37-B §503. Powers and duties
Status: in_force

The director has the following powers and duties. [PL 1997, c. 455, §19 (AMD).]

1. Employment of personnel. The director may employ, subject to approval of the appointing authority and the Civil Service Law, the personnel necessary to administer this chapter. The director may employ a deputy director, a superintendent of the cemetery system, a deputy superintendent of the cemetery system, a supervisor of veterans' services, a deputy supervisor of veterans' services and veterans' services officers. The director and other employees referred to in this subsection must be veterans as defined by 38 United States Code, Section 101(2) who were separated with an honorable discharge. [PL 2025, c. 98, §1 (AMD).]

2. Expenditures. The director may make expenditures approved by the commissioner necessary to carry out this chapter. [PL 1997, c. 455, §19 (AMD).]

3. Agent. The director shall act, upon request, as the agent of any Maine resident who has a legitimate claim against the United States for any benefit accruing as a result of any federal or state military service and, in cooperation with all public and private agencies, shall prosecute the claim without charge. [PL 2001, c. 662, §61 (AMD).]

4. Record. [PL 2001, c. 662, §61 (RP).]

5. Rules. [PL 1991, c. 626, §9 (RP).]

6. Other duties. [PL 2001, c. 662, §61 (RP).]

7. Marketing and outreach program. The director shall implement, as a core function of the bureau, a marketing and outreach program to increase, to the greatest extent practicable, awareness of services and benefits available to veterans and family members of veterans and to encourage veterans to seek the benefits and services to which they are entitled. The director is authorized to employ personnel dedicated to the marketing and outreach program objectives described in this subsection. The director is authorized to enter into memoranda of understanding with other state agencies to allow for the sharing of information to achieve the objectives of the program. Upon request of the director, agencies required to enter into memoranda of understanding with the director include, but are not limited to, the Bureau of Motor Vehicles under the Department of the Secretary of State, the Bureau of Parks and Lands under the Department of Agriculture, Conservation and Forestry, the Department of Inland Fisheries and Wildlife, the Department of Health and Human Services, the University of Maine System and the Maine Community College System. The marketing and outreach program objectives must include, but are not limited to: A. Identifying residents of the State who are veterans; [PL 2015, c. 465, Pt. A, §3 (NEW).] B. Increasing awareness of the bureau for veterans and family members of veterans; [PL 2015, c. 465, Pt. A, §3 (NEW).] C. Implementing media and technology to encourage veterans to self-identify to the bureau and communicating to veterans and family members of veterans about the services and benefits available to them; [PL 2015, c. 465, Pt. A, §3 (NEW).] D. Attendance by bureau personnel at events organized for and by veterans that, as determined by the director, facilitate the objectives of this subsection; and [PL 2015, c. 465, Pt. A, §3 (NEW).] E. Establishing benchmarks to measure the effectiveness of marketing and outreach efforts. [PL 2015, c. 465, Pt. A, §3 (NEW).] The program objectives listed in this subsection may also be used to assist the commissioner to identify residents of this State who are military retirees or former members of the Army National Guard or Air National Guard who completed service requirements but never served on active duty pursuant to section 3, subsection 1, paragraph D , subparagraph (21). [PL 2015, c. 465, Pt. A, §3 (NEW).]

8. Records management system. The director shall acquire and maintain an electronic database with secured remote access capabilities to facilitate management of records of veterans, spouses of veterans and veterans' dependents served by the bureau. When selecting a records management system, the director shall ensure that, at a minimum, the system supports the bureau in meeting the following objectives: A. Reducing reliance on paper records; [PL 2015, c. 465, Pt. A, §3 (NEW).] B. Allowing for immediate access by authorized users to update records; [PL 2015, c. 465, Pt. A, §3 (NEW).] C. Displaying a complete record of assistance provided by the bureau to veterans and veterans' family members; and [PL 2015, c. 465, Pt. A, §3 (NEW).] D. Providing efficient and timely customer service to veterans seeking assistance from the bureau. [PL 2015, c. 465, Pt. A, §3 (NEW).] [PL 2015, c. 465, Pt. A, §3 (NEW).]

9. Change in treatment of certain discharges. [PL 2023, c. 202, §1 (RP).]
37-B M.R.S. § 384 — ME Code / Title 37-B / Chapter 3 / Section 384
37-B §384. Flag to be carried
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(TEXT IN EFFECT PENDING REFERENDUM: See PL 2023, c. 487, §3) 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." [PL 1983, c. 460, §3 (NEW).]

(TEXT EFFECTIVE IF REFERENDUM PASSES: See PL 2023, c. 487, §3) The flag of the State to be carried by the National Guard must be the same as the flag described in Title 1, section 206, with addition of a scroll in red below the emblem of the State bearing the inscription, "Maine National Guard." [PL 2023, c. 487, §2 (AMD); PL 2023, c. 487, §3 (AFF).]
37-B M.R.S. § 360 — ME Code / Title 37-B / Chapter 3 / Section 360
37-B §360. Policies and implementation
Status: in_force

The Adjutant General is responsible for overall policies, guidance, administration and proper use of the program provided for in this subchapter. [PL 2015, c. 465, Pt. D, §14 (NEW).]
37-B M.R.S. § 506 — ME Code / Title 37-B / Chapter 7 / Section 506
37-B §506. Certain documents confidential
Status: in_force

All claims and documents pertaining to claims for benefits under this chapter, whether pending or adjudicated, are confidential and privileged. No disclosure of those claims or documents may be made without the written consent of the claimant, except that disclosure may be made: [PL 1983, c. 460, §3 (NEW).]

1. Claimant or representative. To the claimant personally, as to matters concerning the claimant alone, when, in the director's judgment, the disclosure would not be injurious to the claimant's physical or mental health, or to the claimant's duly appointed guardian or duly authorized representative holding a power or appointment approved by the supervisor; [PL 1997, c. 455, §28 (AMD).]

2. Veterans' organization. To the representative of a veterans' organization holding power of appointment from the claimant, provided that the organization is recognized by the United States Government and duly certified as such by the state department of the organization; [PL 1983, c. 460, §3 (NEW).]

3. Courts. To any court of competent jurisdiction, when required by the process of the court, in an action pending under the laws of this State or the United States; and [PL 1983, c. 460, §3 (NEW).]

4. Agencies engaged in health and welfare work. To any public or private agency engaged in health, welfare, rehabilitation or child placement work, from whom a veteran or that veteran's dependents have requested services, when, in the veteran advocate's judgment, disclosure is essential to the proper evaluation of the request. [PL 2001, c. 662, §68 (AMD).]
37-B M.R.S. § 932 — ME Code / Title 37-B / Chapter 16 / Section 932
37-B §932. Validity--Article XII
Status: in_force

This chapter is construed to effectuate the purposes stated in section 921 . If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the constitutionality of the remainder of this chapter and the applicability of the chapter to other persons and circumstances is not affected. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 1003 — ME Code / Title 37-B / Chapter 19 / Section 1003
37-B §1003. Rights of labor unaffected
Status: in_force

Nothing in this chapter may be construed to impair, curtail or destroy the lawful rights of employees and their representatives to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, to strike, to picket and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 850 — ME Code / Title 37-B / Chapter 13 / Section 850
37-B §850. Search and rescue plan
Status: in_force

The director shall compile a state search and rescue plan encompassing all activities including land, sea and air searches for persons, boats and airplanes. In the preparation of this plan, the director shall include such individual agency plans as currently exist, seek the advice and counsel of all currently designated federal and state search and rescue agencies and obtain their approval of the final compiled plan. All other search and rescue agencies shall cooperate with the agency in preparation of this plan. Responsibility for execution of the plan is with the individual state agencies that have responsibility for the area being searched or for lost or downed aircraft, as appropriate. These agencies shall follow all the provisions of the approved plan. [PL 2013, c. 146, §17 (AMD).]

This plan must be reviewed and updated as necessary. The director shall see that the plan and its revisions receive suitable dissemination on a timely basis. Individual agencies shall submit revisions of their search and rescue plans to the director for comment and incorporation into the agency's comprehensive emergency management plan for the State. [PL 2013, c. 146, §17 (AMD).]
37-B M.R.S. § 923 — ME Code / Title 37-B / Chapter 16 / Section 923
37-B §923. Party state responsibilities--Article III
Status: in_force

1. Formulate plans and programs. It is the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this section. In formulating such plans, and in carrying them out, the party states, to the extent practical, shall: A. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack; [PL 1997, c. 780, §2 (NEW).] B. Review party states' individual emergency plans and develop a plan that will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency; [PL 1997, c. 780, §2 (NEW).] C. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans; [PL 1997, c. 780, §2 (NEW).] D. Assist in warning communities adjacent to or crossing state boundaries; [PL 1997, c. 780, §2 (NEW).] E. Protect and ensure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material; [PL 1997, c. 780, §2 (NEW).] F. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and [PL 1997, c. 780, §2 (NEW).] G. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the responsibilities described in this subsection. [PL 1997, c. 780, §2 (NEW).] [PL 1997, c. 780, §2 (NEW).]

2. Request assistance. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this chapter only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in writing within 30 days of the verbal request. Requests must provide the following information: A. A description of the emergency service function for which assistance is needed, including but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue; [PL 1997, c. 780, §2 (NEW).] B. The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; and [PL 1997, c. 780, §2 (NEW).] C. The specific place and time for staging of the assisting party's response and a point of contact at that location. [PL 1997, c. 780, §2 (NEW).] [PL 1997, c. 780, §2 (NEW).]

3. Consultation between state officials. There must be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans and resource records relating to emergency capabilities. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 412 — ME Code / Title 37-B / Chapter 5 / Section 412
37-B §412. Receiving prisoners
Status: in_force

When an officer of the military forces delivers a prisoner and furnishes a statement of the offense charged against that prisoner to a provost marshal, commander of the guard, warden, keeper or officer of a city or county jail or other correctional center designated under section 408 , that official shall commit the prisoner to the official's charge. [RR 2019, c. 1, Pt. B, §26 (COR).]
37-B M.R.S. § 409 — ME Code / Title 37-B / Chapter 5 / Section 409
37-B §409. Probable cause
Status: in_force

A person shall not be ordered into arrest or confinement except for probable cause. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 829 — ME Code / Title 37-B / Chapter 13 / Section 829
37-B §829. Enforcement
Status: in_force

It is the duty of every agency for emergency management established pursuant to this chapter and of the officers to execute and enforce orders and rules adopted by the Governor under authority of this chapter. Each emergency management agency shall have available for inspection at its office all orders and rules made by the Governor or issued under the Governor's authority. [PL 2003, c. 510, Pt. A, §39 (RPR).]
37-B M.R.S. § 828 — ME Code / Title 37-B / Chapter 13 / Section 828
37-B §828. Right-of-way; violation
Status: in_force

Personnel and equipment required to respond to emergency calls under this chapter shall have the right-of-way over all public ways and roads and the Governor is granted the right to close or restrict traffic on all roads in any area. Whoever fails to give the right-of-way to personnel, vehicles and equipment required to respond to emergency calls under this chapter, or whoever enters upon roads which have been closed to traffic under this chapter, is guilty of a Class E crime. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 144 — ME Code / Title 37-B / Chapter 3 / Section 144
37-B §144. Civilian employees
Status: in_force

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 the Commander in Chief's 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 must receive pay commensurate with these duties. [RR 2019, c. 1, Pt. B, §3 (COR).]
37-B M.R.S. § 4 — ME Code / Title 37-B / Chapter 1 / Section 4
37-B §4. Directors of bureaus
Status: in_force

1. Maine Bureau of Veterans' Services. The Director of the Maine Bureau of Veterans' Services is appointed by the commissioner and serves at the pleasure of the commissioner. [PL 2013, c. 251, §2 (NEW); PL 2019, c. 377, §6 (REV).]

2. Maine Emergency Management Agency. The Director of the Maine Emergency Management Agency is appointed by the Governor upon the recommendation of the commissioner, reports administratively to the commissioner and serves at the pleasure of the Governor. [PL 2013, c. 251, §2 (NEW).]

The Director of the Maine Bureau of Veterans' Services and the Director of the Maine Emergency Management Agency shall perform civilian duties as assigned by the commissioner or Governor. [PL 2013, c. 251, §2 (NEW); PL 2019, c. 377, §6 (REV).]
37-B M.R.S. § 612 — ME Code / Title 37-B / Chapter 11 / Section 612
37-B §612. Discontinuation of services or closure of home
Status: in_force

If the board authorizes the discontinuation of services at or the closure of a public home for veterans, the board shall notify the President of the Senate, the Speaker of the House of Representatives and the joint standing committee of the Legislature having jurisdiction over veterans affairs within 3 days of the authorization and no less than 45 days before submitting a plan for the discontinuation of services or closure of the home to the Department of Health and Human Services if required by law. Within 10 days of receiving notice under this section, the joint standing committee of the Legislature having jurisdiction over veterans affairs, with as much public notice as possible, shall hold a public hearing at which board members shall present the reasons for the discontinuation of services or the closure and the committee shall accept public comments on the discontinuation of services or the closure. At that public meeting the board shall present: [PL 2021, c. 528, §9 (NEW).]

1. Financial and demographic data. The financial and demographic data for the regions served by the home, including, but not limited to, information regarding services necessary to meet the needs of eligible veterans and their families in the region; [PL 2021, c. 528, §9 (NEW).]

2. Plan for care of veterans and families. The board’s plan for the care of veterans receiving care at the home and the family members of those veterans; and [PL 2021, c. 528, §9 (NEW).]

3. Plan for use or disposition of home. The board’s plan for the use or disposition of facilities after the home is closed. [PL 2021, c. 528, §9 (NEW).]

The joint standing committee of the Legislature having jurisdiction over veterans affairs may report out legislation to any regular or special session of the Legislature based on the information received at the meeting. [PL 2021, c. 528, §9 (NEW).]
37-B M.R.S. § 441 — ME Code / Title 37-B / Chapter 5 / Section 441
37-B §441. Desertion
Status: in_force

1. Acts constituting. Any member of the military forces who commits any of the following acts is guilty of desertion: A. Without authority, goes or remains absent from the member's unit, organization or place of duty with intent to remain away permanently; [RR 2019, c. 1, Pt. B, §36 (COR).] B. Quits the member's unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or [RR 2019, c. 1, Pt. B, §36 (COR).] C. Being a commissioned officer of the military forces who, after tender of the member's resignation and before notice of acceptance, quits the member's post or proper duties without leave and with intent to remain away permanently. [RR 2019, c. 1, Pt. B, §36 (COR).] [RR 2019, c. 1, Pt. B, §36 (COR).]

2. Punishment. Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 708 — ME Code / Title 37-B / Chapter 13 / Section 708
37-B §708. Homeland Security Advisory Council
Status: in_force

The Homeland Security Advisory Council, as established in Title 5, section 12004‑I, subsection 91 and referred to in this section as "the council," shall advise the Governor on the coordination of homeland security activities of state agencies and the most effective use of grant funds. [PL 2005, c. 634, §12 (NEW).]

1. Membership. The council is composed of the following 11 members: A. The director or the director's designee; [PL 2025, c. 195, §1 (AMD).] B. The Commissioner of Defense, Veterans and Emergency Management or the commissioner's designee; [PL 2025, c. 195, §1 (AMD).] C. The Commissioner of Public Safety or the commissioner's designee; [PL 2025, c. 195, §1 (AMD).] D. The Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services or the director's designee; [PL 2025, c. 195, §1 (AMD).] E. The Chief of the State Police within the Department of Public Safety or the chief's designee; [PL 2025, c. 195, §1 (AMD).] F. A representative of the Governor; [PL 2011, c. 529, §1 (AMD).] G. The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee; [PL 2011, c. 529, §1 (NEW).] H. The Commissioner of Marine Resources or the commissioner's designee; [PL 2025, c. 195, §1 (AMD).] I. The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee; [PL 2025, c. 195, §1 (AMD).] J. The Chief Information Officer of the Office of Information Technology within the Department of Administrative and Financial Services or the officer's designee; and [PL 2025, c. 195, §1 (NEW).] K. The director of the Maine School Safety Center established within the Department of Education or the director's designee. [PL 2025, c. 195, §1 (NEW).] The director is the chair of the council. The Commissioner of Defense, Veterans and Emergency Management is the advisor of the council. Commissioner designees must be uniformed law enforcement personnel. [PL 2025, c. 195, §1 (AMD).]

2. Duties of council. The council shall: A. Advise the Governor with regard to the vulnerability of the State to terrorist activity; [PL 2005, c. 634, §12 (NEW).] B. Advise the Governor with regard to the adequacy of the plans to enhance homeland security; [PL 2005, c. 634, §12 (NEW).] C. Ensure that the homeland security activities of state agencies are coordinated; [PL 2005, c. 634, §12 (NEW).] D. Advise the Governor with regard to the implementation of state programs using federal funds and administration of federal grants for homeland security, in order to ensure coordination among agencies and the most effective use of grant funds; [PL 2005, c. 634, §12 (NEW).] E. Advise the Governor with regard to the appropriateness of the federal homeland security threat advisory level for the State, based upon intelligence gathered in the State and from federal sources; [PL 2005, c. 634, §12 (NEW).] F. Advise the Governor with regard to the appropriate response to any terrorist threat; [PL 2007, c. 462, §2 (AMD).] G. Periodically advise an emergency response team with pertinent information that could assist in the team's response to an event ; and [PL 2007, c. 462, §3 (AMD).] H. Beginning January 15, 2008 and annually thereafter, report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters regarding homeland security training and communications exercises and other homeland security initiatives and issues. [PL 2007, c. 462, §4 (NEW).] [PL 2007, c. 462, §§2-4 (AMD).]

3. Procedures. The council shall meet: A. At times and places as determined by the chair or the Governor and with assistance from state agencies as necessary and appropriate for the council's execution of its responsibilities as described in subsection 2 ; [PL 2005, c. 634, §12 (NEW).] B. Either in person or via telecommunication, as determined by the chair, immediately upon notification that the federal homeland security threat advisory level will be changed, in order to develop a recommendation to the Governor of the appropriate threat advisory level for the State and actions to be taken in the State; and [PL 2005, c. 634, §12 (NEW).] C. At the call of the chair or at the call of the Governor at any time the Governor requires the advice of the council. [PL 2005, c. 634, §12 (NEW).] The state response to any suspected terrorist event must be coordinated through the State Emergency Operations Center, in accordance with a state emergency operations plan as described in subsection 4, paragraph A . Meetings of the council are not public proceedings for purposes of Title 1, chapter 13 , but may be open to the public at the discretion of the chair. Documents collected or produced by the council are not public records for the purposes of Title 1, chapter 13 . [PL 2005, c. 634, §12 (NEW).]

4. Resources and support. The agency shall provide staff and administrative support to the council from existing resources. The agency is the coordinating agency within State Government for homeland security operational preparedness, response, recovery and mitigation. As the coordinating agency, the agency shall: A. Develop and maintain a state emergency operations plan, which must incorporate by reference any internal operational plans developed by other state agencies for emergency response; [PL 2005, c. 634, §12 (NEW).] B. Coordinate the State Emergency Operations Center with the council; [PL 2005, c. 634, §12 (NEW).] C. Coordinate with other state agencies in the development of their emergency response plans; [PL 2005, c. 634, §12 (NEW).] D. Administer the review and approval of all grant applications developed by local and state agencies for homeland security funds; and [PL 2005, c. 634, §12 (NEW).] E. Administer homeland security grant funds. [PL 2005, c. 634, §12 (NEW).] [PL 2005, c. 634, §12 (NEW).]
37-B M.R.S. § 435 — ME Code / Title 37-B / Chapter 5 / Section 435
37-B §435. Approval by the Governor
Status: in_force

No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount or commuted form of the sentence as the Governor sees fit, and may suspend the execution of the sentence or any part of the sentence. [RR 2019, c. 1, Pt. B, §34 (COR).]
37-B M.R.S. § 517 — ME Code / Title 37-B / Chapter 7 / Section 517
37-B §517. Qualifying Condition Review Board
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" means the Qualifying Condition Review Board established under this section. [PL 2023, c. 202, §3 (NEW).] B. "Gender identity" has the same meaning as in Title 5, section 4553, subsection 5‑C . [PL 2023, c. 202, §3 (NEW).] C. "Sexual orientation" has the same meaning as in Title 5, section 4553, subsection 9‑C . [PL 2023, c. 202, §3 (NEW).] D. "Veteran" means a person who served in the United States Armed Forces, the reserve components of the United States Armed Forces, the Maine National Guard or the Active Guard Reserve. [PL 2023, c. 202, §3 (NEW).] [PL 2023, c. 202, §3 (NEW).]

2. Board established. The Qualifying Condition Review Board is established to review applications submitted by veterans under this section. [PL 2023, c. 202, §3 (NEW).]

3. Board composition; terms; chair; compensation; meetings. The director shall appoint 3 members to serve on the board. Board members must have clinical experience working with veterans who have been discharged or are at risk of discharge based on a circumstance listed in subsection 4. Members of the board serve a term of 3 years. The director shall appoint a member to fill a vacancy on the board. The director shall designate one of the members as the chair of the board. The members of the board serve without compensation. The board shall meet at least monthly or as often as determined to be necessary by the chair of the board. [PL 2023, c. 202, §3 (NEW).]

4. Application. A veteran who receives an other than honorable discharge may file an application for eligibility for rights, privileges and benefits granted to veterans under state law if the veteran believes the discharge characterization was based on: A. The veteran's sexual orientation, gender identity or gender expression; [PL 2023, c. 202, §3 (NEW).] B. Conduct associated with a diagnosis of post-traumatic stress disorder or acquired brain injury; or [PL 2023, c. 202, §3 (NEW).] C. Conduct or circumstances relating to being a victim of military sexual assault. [PL 2023, c. 202, §3 (NEW).] A veteran filing an application under this section may include evidence supporting the veteran's claim that the discharge characterization was based on a reason described in this subsection. The bureau shall prescribe an application form to be used for purposes of this subsection and make that form available on the bureau's publicly accessible website along with instructions for filing the application. [PL 2023, c. 202, §3 (NEW).]

5. Review of application. The board shall review each application submitted and render a recommendation to the director as to whether the reason cited in the application was more likely than not the primary reason for the other than honorable discharge. The board shall review each application not later than the 30th day after the date the board receives the application and render a written recommendation to the director not later than the 30th day after the date of the review. The director shall issue a written decision not later than the 10th day after the date the director receives the board's recommendation, approving or denying the application. If the director approves the application, the veteran is eligible for rights, privileges and benefits granted to veterans under state law. A veteran aggrieved by the director's decision may file a request for reconsideration with the director not later than the 15th day after the date of the director's decision. The veteran may include supplemental documentation in support of the request for reconsideration. The director shall provide due consideration to the request for reconsideration and render a decision not later than the 10th day after the day the director receives the request for reconsideration. The director's decision with regard to the reconsideration is a final decision by the Maine Bureau of Veterans' Services and may be appealed by filing a complaint in the Superior Court. [PL 2023, c. 202, §3 (NEW).]

6. Rules. The bureau may adopt rules to implement this section. Rules adopted in accordance with this subsection are routine technical rules as described under Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 202, §3 (NEW).]
37-B M.R.S. § 512 — ME Code / Title 37-B / Chapter 7 / Section 512
37-B §512. Maine Veterans' Memorial Cemetery System Care Fund
Status: in_force

1. Maine Veterans' Memorial Cemetery System Care Fund establishment; purpose. The Maine Veterans' Memorial Cemetery System Care Fund, an interest-bearing account, known in this section as "the fund," is established for the purpose of ensuring ongoing care and maintenance of veterans' graves within the Maine Veterans' Memorial Cemetery System after plot interment allowances for burials within the system are no longer received from the United States Department of Veterans Affairs. The fund is established from deposits of 1/3 of the funds received from the United States Department of Veterans Affairs for plot interment allowances and from annual deposits from the Coordinated Veterans Assistance Fund established by section 514 . The fund may also accept private and public donations. The fund is separate from other perpetual care or cemetery maintenance funds that support veterans' cemeteries and were established prior to July 12, 2010. Money deposited in the fund and the earnings on that money remain in the fund to be used for ongoing care and maintenance of veterans' graves within the Maine Veterans' Memorial Cemetery System. [PL 2023, c. 412, Pt. OO, §1 (AMD).]
37-B M.R.S. § 925 — ME Code / Title 37-B / Chapter 16 / Section 925
37-B §925. Licenses and permits--Article V
Status: in_force

Whenever a person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party state, such person is deemed licensed, certified or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state prescribes by executive order or otherwise. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 502 — ME Code / Title 37-B / Chapter 7 / Section 502
37-B §502. Director of Maine Bureau of Veterans' Services
Status: in_force

The Director of the Maine Bureau of Veterans' Services, referred to in this chapter as the "director," shall direct the operation of the bureau. [PL 1997, c. 455, §18 (AMD); PL 2019, c. 377, §6 (REV).]
37-B M.R.S. § 944 — ME Code / Title 37-B / Chapter 16-A / Section 944
37-B §944. Evacuation - Article X
Status: in_force

Each party jurisdiction shall prepare and maintain plans to facilitate the movement and reception of evacuees into or across its territory. After the termination of the emergency or disaster, the party jurisdiction from which the evacuees came shall assume the responsibility for the ultimate support of repatriation of such evacuees. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 403 — ME Code / Title 37-B / Chapter 5 / Section 403
37-B §403. Persons subject to the Code
Status: in_force

1. Active member. All members of the state military forces are subject to the Maine Code of Military Justice at all times. A. This code applies to members of the state military forces serving out-of-state and while going to and returning from service out-of-state to the same extent as a person serving within the State. [PL 1987, c. 263, §2 (NEW).] B. Offenses committed outside the State may be tried and punished either inside or outside the State subject to section 418 . [PL 1987, c. 263, §2 (NEW).] [PL 2025, c. 97, §5 (AMD).]

2. Fraudulent discharge. All persons discharged from the military forces subsequently charged with having fraudulently obtained the discharge are subject to trial by court-martial on that charge and after apprehension are subject to this Code while in the custody of the military forces for the trial. Upon conviction on that charge, they are subject to trial by court-martial for all offenses under this Code committed prior to the fraudulent discharge. [RR 2009, c. 2, §115 (COR).]

3. Deserters. Persons who have deserted from the military forces shall not be relieved from amenability to the jurisdiction of this Code by virtue of a separation from any subsequent period of service. [PL 1983, c. 460, §3 (NEW).]

4. Activation. The Governor may order to active state service any member or former member of the state military forces for purposes of asserting jurisdiction in connection with prosecuting an offense alleged to have occurred while the person was in active state service. [PL 1983, c. 594, §19 (NEW).]
37-B M.R.S. § 831 — ME Code / Title 37-B / Chapter 13 / Section 831
37-B §831. Utilization of existing services and facilities
Status: in_force

In carrying out this chapter, the Governor and the executive officers or governing bodies of the political subdivisions of the State shall utilize the services and facilities of existing departments, offices and agencies of the State and all their political subdivisions to the maximum extent practicable. The officers and personnel of all departments, offices and agencies shall cooperate with and extend their services and facilities to the Governor and to the emergency management organizations of the State upon request. [PL 2003, c. 510, Pt. A, §40 (RPR).]
37-B M.R.S. § 1115 — ME Code / Title 37-B / Chapter 24 / Section 1115
37-B §1115. Jurisdiction
Status: in_force

The inspection of and design standards for all dams are under the sole jurisdiction of the department, except that the department does not have jurisdiction over any dam licensed or inspected by any department of the Federal Government or by the International Joint Commission. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 354 — ME Code / Title 37-B / Chapter 3 / Section 354
37-B §354. Minimum prerequisites
Status: in_force

To qualify for the tuition benefit, the member must: [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]

1. Basic training. Have successfully completed basic training or received a commission; [PL 2003, c. 488, §4 (NEW); PL 2003, c. 488, §5 (AFF).]

2. Participant. Be a satisfactory participant in the Maine National Guard who has not previously earned a bachelor's degree or equivalent and be a member in good standing of the Maine National Guard at the beginning of and throughout the entire semester for which the member receives benefits; [PL 2015, c. 465, Pt. D, §7 (AMD).]

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; and [PL 2015, c. 465, Pt. D, §7 (AMD).]

4. Pursued all other benefits available. Have applied for all available tuition benefits not related to housing costs or non-tuition expenses, including but not limited to: A. Federally funded military tuition assistance; [PL 2015, c. 465, Pt. D, §8 (NEW).] B. Employer tuition reimbursements or assistance; and [PL 2015, c. 465, Pt. D, §8 (NEW).] C. Federal grants, such as a Federal Pell Grant. [PL 2015, c. 465, Pt. D, §8 (NEW).] [PL 2015, c. 465, Pt. D, §8 (NEW).]
37-B M.R.S. § 935 — ME Code / Title 37-B / Chapter 16-A / Section 935
37-B §935. Purpose and authorities - Article I
Status: in_force

The International Emergency Management Assistance Compact, referred to in this chapter as the "compact," is made and entered into by and between the participating member jurisdictions that enact this compact, referred to in this chapter as "party jurisdictions." The following states and provinces are eligible to become members of this compact: Connecticut, Maine, Massachusetts, New Brunswick, Newfoundland and Labrador, New Hampshire, Nova Scotia, Prince Edward Island, Quebec, Rhode Island and Vermont. [PL 1999, c. 696, §1 (NEW).]

The purpose of this compact is to provide for mutual assistance between the party jurisdictions entering into this compact in managing any emergency or disaster when the governor or premier of the affected jurisdiction or jurisdictions asks for assistance, whether arising from natural disaster, technological hazard, man-made disaster or civil emergency aspects of resource shortages. [PL 1999, c. 696, §1 (NEW).]

This compact also provides for mutual cooperation in emergency related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party jurisdictions during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of emergency forces by mutual agreement between the party jurisdictions. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 793 — ME Code / Title 37-B / Chapter 13 / Section 793
37-B §793. Local emergency planning committees
Status: in_force

There are established local emergency planning committees, referred to in this subchapter as "committees" for each emergency planning district designated by the commission pursuant to the Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499. [PL 1989, c. 464, §3 (NEW).]

1. Local committees established. The commission shall, by resolution, appoint the members of the local emergency planning committee of each emergency planning district. The committee consists of at least 14 members and, except as provided in subsection 2 , includes representatives from each of the following organizations or groups: elected state and local officials; law enforcement, emergency management, firefighting, first aid, health, local environmental, hospital and transportation personnel; broadcast and print media; citizens living near local facilities; employees working in local facilities; community groups; and owners and operators of facilities subject to the emergency planning requirement of this subchapter. [PL 2013, c. 462, §10 (AMD).]

2. Modification of committees. Members of the public may, by written petition, request the commission to modify the representation of those groups or organizations on a local emergency planning committee. If the commission reduces or eliminates representation of a group or organization on a committee, it shall declare the position of the member representing that group or organization to be abolished and the person whose position is so abolished shall cease to serve as a member of the committee on the effective date of the commission's declaration. Appointments of members to the committee to fill positions established as a result of modification to the composition of the committee shall be made in the same manner as original appointments under this subchapter. [PL 1989, c. 464, §3 (NEW).]
37-B M.R.S. § 266 — ME Code / Title 37-B / Chapter 3 / Section 266
37-B §266. Prohibited acts
Status: in_force

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. [PL 1987, c. 208, §1 (NEW).] B. In case an officer or enlisted person of the state military forces through carelessness or inattention loses, destroys or causes the loss or destruction of government property that has been issued for that officer's or enlisted person's use, the Adjutant General shall retain, out of the pay, allowances or money due the officer or enlisted person for any military services an amount equal to the value of the property lost or destroyed. That portion of the money that is for state property must be turned in to the Treasurer of State and credited to the Military Fund. That portion that is for United States property must be turned in to the United States Treasury and credited to the State on its property returns. [RR 2019, c. 1, Pt. B, §18 (COR).] [RR 2019, c. 1, Pt. B, §18 (COR).]

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. [PL 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. [PL 1987, c. 208, §2 (NEW).] [PL 1987, c. 208, §2 (RPR).]

3. Uniform forbidden to unauthorized persons. It is unlawful for any person not an officer or enlisted person 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 may not be construed to prevent authorized persons from wearing the uniforms. The term "distinctive part of the uniform" in this subsection must 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. [RR 2019, c. 1, Pt. B, §19 (COR).]
37-B M.R.S. § 353-C — ME Code / Title 37-B / Chapter 3 / Section 353-C
37-B §353-C. Waiver required
Status: in_force

If the cost of providing the tuition benefit under this subchapter exceeds the amount of money available in the Maine National Guard Postsecondary Fund established in section 353-A , the tuition benefit must be provided in the form of a tuition waiver provided by the state postsecondary education institution. [PL 2015, c. 465, Pt. D, §6 (NEW).]
37-B M.R.S. § 1113 — ME Code / Title 37-B / Chapter 24 / Section 1113
37-B §1113. Duties of the department
Status: in_force

The department shall inspect existing dams and reservoirs to determine their hazard potential, review the design and construction of new and reconstructed dams, assist dam owners in developing emergency action plans to minimize the effects of dam failure and take all necessary actions in emergency situations of probable dam failure in order to protect life and property. [PL 2001, c. 460, §3 (NEW).]

Except for the Federal Government, a person may not exercise any authority over the emergency regulation or supervision of any dams or reservoirs in the State when that exercise would conflict with the powers and authority vested in the department. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 703 — ME Code / Title 37-B / Chapter 13 / Section 703
37-B §703. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 460, §3 (NEW).]

1. Civil emergency preparedness. [PL 2001, c. 614, §5 (RP); PL 2001, c. 662, §74 (RP).]

1-A. Cyberattack. "Cyberattack" means activity targeting information and communications technology infrastructure, systems or services affecting the State or the State's critical infrastructure, whether physical or non-physical, for the purpose of disrupting, disabling, destroying or maliciously controlling such infrastructure, systems or services or destroying the integrity of the data or stealing the information residing thereon. [PL 2025, c. 77, §2 (NEW).]

2. Disaster. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, extreme public health emergency pursuant to Title 22, section 802, subsection 2‑A , air contamination, blight, drought, critical material shortage, infestation, explosion, riot or hostile military or paramilitary action. [PL 2001, c. 694, Pt. B, §5 (AMD); PL 2005, c. 383, §24 (AFF).]

2-A. Emergency management. "Emergency management" means the coordination and implementation of an organized effort to mitigate against, prepare for, respond to and recover from a disaster. [PL 2001, c. 614, §6 (NEW); PL 2001, c. 662, §74 (NEW).]

2-B. Emergency management forces. "Emergency management forces" means persons engaged in performing emergency management activities, including, but not limited to, persons called out by the Governor pursuant to an emergency proclamation under section 742 or persons called out pursuant to section 784‑A . [PL 2001, c. 614, §6 (NEW).]

2-C. Emergency management exercise. "Emergency management exercise" means a focused practice activity that places participants in a simulated situation requiring them to function in the capacity that would be expected of them in a real event and is conducted to test an organization's plans and policies to evaluate an organization's capability to execute one or more portions of its response or contingency plans and to train personnel. [PL 2007, c. 167, §10 (NEW).]

2-D. Homeland security. "Homeland security" means a concerted national effort to prevent and disrupt terrorist attacks, protect against man-made and natural hazards and respond to and recover from incidents that do occur. [PL 2013, c. 146, §5 (NEW).]

3. Local organization for emergency management. "Local organization for emergency management" means an organization created in accordance with this chapter by state, county or local authority to perform local emergency management functions. [PL 2001, c. 614, §7 (AMD); PL 2001, c. 662, §74 (AMD).]

3-A. Mitigation. "Mitigation" means those activities that actually eliminate or reduce the chance of occurrence or the effects of a disaster. [PL 2001, c. 662, §74 (NEW).]

4. Political subdivision. "Political subdivision" means counties, cities, towns, villages, townships, districts, authorities and other public corporations and entities organized and existing under charter or general law. [PL 1983, c. 460, §3 (NEW).]

5. Preparedness. "Preparedness" means planning how to respond in case an emergency or disaster occurs and working to increase resources available to respond effectively. [PL 2001, c. 662, §74 (NEW).]

6. Recovery. "Recovery" means activities that, in the short term, return vital life support systems to minimum operating standards and, in the long term, redevelop a disaster area to preexisting conditions or to conditions that are less disaster prone and activities that assist families and businesses to return to a normal or improved state of being. [PL 2001, c. 662, §74 (NEW).]

7. Response. "Response" means those activities designed to provide emergency assistance to victims of a disaster and reduce the likelihood of secondary damage. [PL 2001, c. 662, §74 (NEW).]

8. Terrorism. "Terrorism" means the unlawful use of force or violence against persons or property to intimidate or coerce a government or civilian population. "Terrorism" includes conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial damage sufficient to disrupt the normal functioning of a critical infrastructure; or conduct that constitutes a cyberattack on information and communications technology infrastructure, systems or services affecting the State or the State's critical infrastructure, whether physical or non-physical. [PL 2025, c. 77, §3 (AMD).]
37-B M.R.S. § 222 — ME Code / Title 37-B / Chapter 3 / Section 222
37-B §222. Militia
Status: in_force

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. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 782 — ME Code / Title 37-B / Chapter 13 / Section 782
37-B §782. Agency directors
Status: in_force

A director must be appointed for each municipal and county or regional emergency management agency. A director of an emergency management agency may not be at the same time an executive officer or member of the executive body of a municipality or interjurisdictional or county or regional agency of the State or a county commissioner. Notwithstanding this section or any other law, a town manager or administrative assistant may also be appointed to serve as the director of an emergency management agency. A director may be removed by the appointing authority for cause. [PL 2003, c. 510, Pt. A, §35 (RPR).]

1. Municipal emergency management director. The municipal officers shall appoint the director of the municipality's emergency management agency. In each municipality that has not established an agency of its own, the municipal officers shall designate an emergency management director to facilitate cooperation in the work of disaster mitigation, preparedness, response and recovery. The emergency management director shall serve as liaison to the appropriate county or regional agency. [PL 2003, c. 510, Pt. A, §35 (RPR).]

2. County agency director. The county commissioners shall appoint the director of that county's emergency management agency. [PL 2003, c. 510, Pt. A, §35 (RPR).]

3. Interjurisdictional and regional agency directors. The director of an interjurisdictional or regional emergency management agency must be appointed in the manner prescribed by the director in accordance with section 781, subsection 3 . [PL 2003, c. 510, Pt. A, §35 (RPR).]

4. Annual meeting with Director of the Maine Emergency Management Agency. The director of each county or regional organization for emergency management in the State and the respective appointing authority shall meet each year with the Director of the Maine Emergency Management Agency or the agency's successor, in order to review the performance of the county or regional emergency management organization in carrying out its federal and state mandate and to jointly set new goals for the coming year. [PL 2003, c. 510, Pt. A, §35 (RPR).]
37-B M.R.S. § 505 — ME Code / Title 37-B / Chapter 7 / Section 505
37-B §505. Aid to veterans and their dependents
Status: in_force

1. Financial assistance. [PL 2001, c. 439, Pt. QQ, §1 (RP).]

1-A. Financial assistance. [PL 2017, c. 419, §5 (RP).]

1-B. Veterans Temporary Assistance Fund. The Veterans Temporary Assistance Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account in the bureau. The fund is administered and used by the director for the purposes of offering financial assistance to veterans as prescribed by subsection 1‑C . [PL 2017, c. 419, §6 (NEW).]

1-C. Financial assistance. The following provisions apply to grants of temporary financial assistance to veterans. A. The bureau may provide a grant of temporary assistance not to exceed $2,000 to a veteran currently a resident of this State who has filed a valid claim for a veteran's pension, pending notification of the award of such a pension. For purposes of this paragraph, "claim for a veteran's pension" means a claim filed with the United States Department of Veterans Affairs pursuant to 38 United States Code, Chapter 15. [PL 2017, c. 419, §6 (NEW).] B. The bureau may provide a grant of temporary assistance not to exceed $2,000 to a veteran currently a resident of this State who demonstrates to the bureau's satisfaction a financial need and suffers an emergency, including but not limited to: (1) Damage to that veteran's home due to fire, flood or hurricane that is not fully compensable by insurance; (2) Illness or the illness of an immediate family member; or (3) Hardship that would result in the veteran becoming homeless. [PL 2017, c. 419, §6 (NEW).] C. A veteran who requests temporary assistance under this subsection and is denied such assistance by the bureau may request a reconsideration and review of this decision. Requests for reconsideration of a claim must be reviewed by the director and the commissioner or the commissioner's designee, and the decision after the reconsideration is final and may not be appealed to a court. [PL 2017, c. 419, §6 (NEW).] D. The bureau may contract with an organization incorporated in the State as a nonprofit corporation in accordance with Title 13‑B or an organization with tax-exempt status under 26 United States Code, Section 501(c) for the purpose of providing temporary financial assistance to veterans as described in this subsection. A contract authorized under this subsection may provide only for the distribution of direct temporary financial assistance to veterans and may not provide for compensation for personnel costs of the organization, funding of positions of employment within the organization or administrative costs of the organization except those directly related to the distribution of temporary financial assistance grants to veterans. [PL 2017, c. 419, §6 (NEW).] E. The department may adopt rules to implement this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 419, §6 (NEW).] F. For the purposes of this subsection, "veteran" means any person who: (1) Served in the active United States Armed Forces and who, if discharged, received an honorable discharge or a general discharge under honorable conditions, as long as the discharge was not upgraded through a program of general amnesty; (2) Served in the Reserve Components of the United States Armed Forces and who is entitled to retired pay under 10 United States Code, chapter 1223 or would be entitled to retired pay under chapter 1223 except that the person is under 60 years of age; (3) Served in the United States Armed Forces and, although the person does not meet the requirements of subparagraph (1) or (2), is determined by the director, on a case-by-case basis, to be eligible for temporary financial assistance; or (4) Served in the Maine National Guard and is determined by the director, on a case-by-case basis, to be eligible for temporary financial assistance. [PL 2019, c. 601, §2 (NEW).] [PL 2019, c. 601, §2 (AMD).]

2. Educational benefits. Educational benefits are granted as follows. A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Child" means a natural child whose mother or father is or was a veteran or a child who was adopted prior to turning 18 years of age and whose adoptive mother or father is or was a veteran and who: (a) Is at least 16 years of age; (b) Has graduated from high school; and (c) Enrolled in a degree program and was awarded benefits under this subsection prior to the child's 22nd birthday. If the child is unable to enroll in a degree program prior to turning 22 years of age due to service in the United States Armed Forces, then the child may apply to begin this benefit until reaching 26 years of age. Other requirements must be met as described in paragraph F . "Child" includes a stepchild whose parent is married to an eligible veteran for at least 5 years and remains married to the veteran during the period for which benefits are received. The director may waive the requirements of this subparagraph when the director determines that there are special and extenuating circumstances that may have a negative effect on a dependent. (2) "Spouse" means the person currently legally married to a living veteran or the unremarried widow or widower of a deceased veteran, not previously divorced from that veteran. Awards under the educational benefits program are authorized to provide benefits to only one spouse per veteran. (3) "Veteran" means any person who served in the military or naval forces of the United States and entered the service from this State or has been a resident of this State for 5 years immediately preceding application for aid and, if living, continues to reside in this State throughout the duration of benefits administered under the educational benefits program and who: (a) Has a total permanent disability resulting from a service-connected disability as a result of service; (b) Was killed in action; (c) Died from a service-connected disability as a result of service; (d) At the time of death was totally and permanently disabled due to service-connected disability, but whose death was not related to the service-connected disability; or (e) Is a member of the Armed Forces on active duty who has been listed for more than 90 days as missing in action, captured or forcibly detained or interned in the line of duty by a foreign government or power. The continuous residency requirement of this subparagraph does not apply to a person who is receiving educational benefits under this chapter on or before January 1, 2006. [PL 2019, c. 377, §4 (AMD).] B. [PL 2001, c. 662, §66 (RP).] C. [PL 2001, c. 662, §66 (RP).] D. [PL 2001, c. 662, §66 (RP).] E. Spouses of veterans who are attending state-supported postsecondary vocational schools or institutions of collegiate grade must be admitted free of tuition including mandatory fees and lab fees for a certificate program or an associate's, bachelor's or master's degree program. Room and board may not be waived. Spouses are entitled to receive up to 120 credit hours of educational benefits and have 10 years from the date of first entrance to complete the program. This paragraph applies to all spouses enrolled in the educational benefits program as of September 1, 2007. [PL 2007, c. 521, §4 (AMD); PL 2007, c. 521, §6 (AFF).] F. A child of a veteran who is attending state-supported postsecondary vocational schools or institutions of collegiate grade must be admitted free of tuition including mandatory fees and lab fees for certificate programs, associate degree programs and bachelor's degree programs. The tuition waiver provided under this paragraph may not exceed the cost of 120 undergraduate credit hours at the in‑state tuition rate at the University of Maine campus located at Orono and may be reduced by an amount necessary to ensure that the value of this waiver, combined with all other grants and benefits received by the student, does not exceed the total cost of education. Room and board may not be waived. A child of a veteran has 10 academic years from the date of first entrance to complete 120 credit hours. For degree programs that require more than 120 credit hours, the state-supported postsecondary vocational school or institution of collegiate grade may grant a tuition waiver beyond 120 credit hours. If such a waiver is granted, the state-supported postsecondary vocational school or institution of collegiate grade shall notify the director. The director may waive the limit of 10 consecutive academic years when the recipient's education has been interrupted by severe medical disability, learning disability, illness or other hardship, making continued attendance impossible. Students must maintain at least a 2.0 or "C" grade point average to continue receiving educational benefits. If a student's grade point average falls below 2.0 or a "C," then the student has one semester to bring the grade point average up to at least 2.0 or a "C." If after that semester the student's grade point average is below 2.0 or a "C," the student loses educational benefits under this paragraph until the student achieves a grade point average of at least 2.0 or a "C." [PL 2019, c. 377, §5 (AMD).] G. In order to be eligible for benefits under this subsection, a student must apply for a Federal Pell Grant under 20 United States Code, Section 1070a. The director shall estimate the number of students anticipated that will use this program and provide the estimate to state institutions upon request. [PL 2013, c. 237, §1 (AMD).] H. A school that provides tuition assistance pursuant to this subsection shall provide any information, such as enrollment verification, current contact information, semester grade point average, accumulated credit hours and transcripts, to the bureau as necessary for the bureau to properly administer the educational benefits described in this subsection in accordance with current laws. [PL 2009, c. 406, §10 (NEW).] [PL 2019, c. 377, §§4, 5 (AMD).]

3. Fraud. Whoever knowingly makes a false statement, oral or written, relating to a material fact in support of application for aid under this section is guilty of a violation of Title 17‑A, section 353 . [PL 1983, c. 460, §3 (NEW).]

4. Vietnam and atomic veterans. [PL 2001, c. 662, §67 (RP).]

5. Public assistance designation. Assistance granted to veterans or their dependents pursuant to this section is designated public assistance. The department retains administrative responsibility for assistance granted under this section. [PL 2007, c. 539, Pt. N, §73 (AMD).]

6. Determination of residency. The bureau shall verify that a person seeking benefits as provided by this section is a current resident of the State. The forms of identification sufficient to determine residency in accordance with this section are: A. A valid state driver's license; [PL 2007, c. 521, §5 (NEW).] B. A valid state-issued identification card; [PL 2007, c. 521, §5 (NEW).] C. A current state motor vehicle registration form; [PL 2007, c. 521, §5 (NEW).] D. A current state fishing or hunting license; and [PL 2007, c. 521, §5 (NEW).] E. Items other than those listed in paragraphs A to D that allow the bureau to reasonably determine residency. [PL 2007, c. 521, §5 (NEW).] [PL 2007, c. 521, §5 (NEW).]
37-B M.R.S. § 1010 — ME Code / Title 37-B / Chapter 19 / Section 1010
37-B §1010. Questioning and detaining suspected persons
Status: in_force

Any peace officer or any person employed as guard or in a supervisory capacity on premises posted, as provided in section 1009 , may stop any person found on any premises to which entry without permission is forbidden by section 1009 and may detain the person for the purpose of questioning and may question the person with respect to the person's name, address and business in that place. If the peace officer or employee has reason to believe from the answers of the person so interrogated that the person has no right to be in that place, the peace officer shall forthwith either release that person or arrest the person without a warrant on the charge of violating section 1009 . The employee shall forthwith release the person or turn the person over to a peace officer, who may arrest the person without a warrant on the charge of violating section 1009 . [RR 2019, c. 1, Pt. B, §54 (COR).]
37-B M.R.S. § 463 — ME Code / Title 37-B / Chapter 5 / Section 463
37-B §463. Harassment
Status: in_force

1. Prohibition; criminal harassment. Any person subject to this Code who commits an offense prohibited under Title 17‑A, section 506‑A is guilty of that offense under this Code. [PL 2021, c. 634, Pt. B, §12 (NEW).]

2. Punishment. Any person found guilty of an offense prohibited under Title 17‑A, section 506‑A must be punished as a court-martial may direct. [PL 2021, c. 634, Pt. B, §12 (NEW).]
37-B M.R.S. § 359 — ME Code / Title 37-B / Chapter 3 / Section 359
37-B §359. Mobilized or deployed members
Status: in_force

Any member who is a student receiving a tuition benefit under this subchapter who is mobilized or deployed is entitled to an extension of the time the tuition benefit may be claimed equal to the amount of time served on active duty. [PL 2015, c. 465, Pt. D, §14 (NEW).]
37-B M.R.S. § 1004 — ME Code / Title 37-B / Chapter 19 / Section 1004
37-B §1004. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 460, §3 (NEW).]

1. Highway. "Highway" includes any private or public street, way or other place used for travel to or from property. [PL 1983, c. 460, §3 (NEW).]

2. Highway commissioners. "Highway commissioners" means an individual, board or other body having authority under law to discontinue the use of the highway which it is desired to restrict or close to public use and travel. [PL 1983, c. 460, §3 (NEW).]

3. Public utility. "Public utility" includes any pipe line, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system operated for public use regardless of ownership. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 341 — ME Code / Title 37-B / Chapter 3 / Section 341
37-B §341. Prosecution of offenses
Status: in_force

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. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 397 — ME Code / Title 37-B / Chapter 3 / Section 397
37-B §397. Report
Status: in_force

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. [PL 2001, c. 374, §8 (NEW).]
37-B M.R.S. § 439 — ME Code / Title 37-B / Chapter 5 / Section 439
37-B §439. Attempts
Status: in_force

An act done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense. [PL 1983, c. 460, §3 (NEW).]

Any person subject to this Code who attempts to commit any offense punishable by this Code shall be punished as a court-martial may direct, unless otherwise specifically prescribed. [PL 1983, c. 460, §3 (NEW).]

Any person subject to this Code may be convicted of an attempt to commit an offense although it appears at the trial that the offense was consummated. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 949-A — ME Code / Title 37-B / Chapter 16-B / Section 949-A
37-B §949-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 396, §5 (NEW).]

1. Disaster relief organization. "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health services or veterinary services provided by volunteer health practitioners as long as the entity: A. Is designated or recognized as a provider of those emergency or disaster relief services pursuant to a disaster response and recovery plan adopted by an agency of the Federal Government or the Maine Emergency Management Agency; or [PL 2017, c. 396, §5 (NEW).] B. Regularly plans and conducts its activities in coordination with an agency of the Federal Government, the Maine Emergency Management Agency or the Department of Health and Human Services. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

2. Emergency. "Emergency" means an event or condition that is an actual or imminent civil emergency or disaster or an actual or threatened epidemic or public health threat that is the subject of an emergency proclamation pursuant to section 742 or an emergency declaration pursuant to Title 22, section 802 . [PL 2017, c. 396, §5 (NEW).]

3. Emergency declaration. "Emergency declaration" means a declaration or proclamation of emergency issued by a person authorized to do so under the laws of this State. [PL 2017, c. 396, §5 (NEW).]

4. Emergency Management Assistance Compact. "Emergency Management Assistance Compact" means the interstate compact approved by the United States Congress in Public Law 104-321 (1996) and adopted by this State in chapter 16 . [PL 2017, c. 396, §5 (NEW).]

5. Entity. "Entity" means a person other than an individual. [PL 2017, c. 396, §5 (NEW).]

6. Health facility. "Health facility" means an entity licensed under the laws of this State or another state to provide health services or veterinary services. [PL 2017, c. 396, §5 (NEW).]

7. Health practitioner. "Health practitioner" means an individual licensed under the laws of this State or another state to provide health services or veterinary services. [PL 2017, c. 396, §5 (NEW).]

8. Health services. "Health services" means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: A. The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care; and (2) Counseling, assessment, procedures or other services; [PL 2017, c. 396, §5 (NEW).] B. The sale or dispensing of a drug, a device, equipment or another item to an individual in accordance with a prescription; and [PL 2017, c. 396, §5 (NEW).] C. Funeral, cremation, cemetery or other mortuary services. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

9. Host entity. "Host entity" means an entity operating in this State that uses volunteer health practitioners to respond to an emergency. [PL 2017, c. 396, §5 (NEW).]

10. International Emergency Management Assistance Compact. "International Emergency Management Assistance Compact" means the mutual assistance compact described in chapter 16-A . [PL 2017, c. 396, §5 (NEW).]

11. License. "License" means authorization by a state to provide health services or veterinary services that are unlawful without the authorization. "License" includes authorization under the laws of this State to an individual to provide health services or veterinary services based upon a national certification issued by a public or private entity. [PL 2017, c. 396, §5 (NEW).]

12. Person. "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. [PL 2017, c. 396, §5 (NEW).]

13. Scope of practice. "Scope of practice" means the extent of the authorization to provide health services or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. [PL 2017, c. 396, §5 (NEW).]

14. State. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a Canadian province that is a party to the International Emergency Management Assistance Compact. [PL 2017, c. 396, §5 (NEW).]

15. Veterinary services. "Veterinary services" means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: A. Diagnosis, treatment or prevention of an animal disease, injury or other physical or mental condition by the prescription, administration or dispensing of vaccine, medicine, surgery or therapy; [PL 2017, c. 396, §5 (NEW).] B. Use of a procedure for reproductive management; and [PL 2017, c. 396, §5 (NEW).] C. Monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

16. Volunteer health practitioner. "Volunteer health practitioner" means a health practitioner who provides health services or veterinary services while an emergency declaration is in effect, whether or not the practitioner receives compensation for those services. "Volunteer health practitioner" does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this State, unless the practitioner is not a resident of this State and is employed by a disaster relief organization providing services in this State while an emergency declaration is in effect. [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 307 — ME Code / Title 37-B / Chapter 3 / Section 307
37-B §307. Penalty for violation of this section
Status: in_force

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. [PL 1983, c. 594, §16 (RPR).]
37-B M.R.S. § 507-A — ME Code / Title 37-B / Chapter 7 / Section 507-A
37-B §507-A. Custodian to provide copies
Status: in_force

When a copy of any public record is required by the United States Veterans' Administration to be used in determining the eligibility of any person to participate in benefits made available by the United States Veterans' Administration, the official custodian of that public record shall, without charge, provide the applicant for these benefits, or any person acting on the applicant's behalf or the authorized representative of the United States Veterans' Administration, with a certified copy of that record. [RR 2019, c. 1, Pt. B, §43 (COR).]
37-B M.R.S. § 417 — ME Code / Title 37-B / Chapter 5 / Section 417
37-B §417. Sentences
Status: in_force

Except as limited by rules prescribed by the Governor a court-martial may adjudge any one or a combination of the following punishments: [PL 1983, c. 460, §3 (NEW).]

1. Confinement. Confinement at hard labor for not more than 6 months; [PL 1983, c. 460, §3 (NEW).]

2. Hard labor. Hard labor without confinement for not more than 3 months; [PL 1983, c. 460, §3 (NEW).]

3. Forfeiture or detention of pay. Forfeiture or detention of pay not exceeding 2/3 of base pay entitlement per month for 6 months; [PL 1983, c. 460, §3 (NEW).]

4. Dismissal. Dismissal; [PL 1983, c. 460, §3 (NEW).]

5. Bad conduct discharge. Bad conduct discharge; [PL 1983, c. 460, §3 (NEW).]

6. Dishonorable discharge. Dishonorable discharge; [PL 1983, c. 460, §3 (NEW).]

7. Reprimand. Reprimand; or [PL 1983, c. 460, §3 (NEW).]

8. Reduction to the lowest rank. Reduction of noncommissioned officers to the lowest enlisted rank. [PL 2001, c. 662, §49 (AMD).]
37-B M.R.S. § 926 — ME Code / Title 37-B / Chapter 16 / Section 926
37-B §926. Liability--Article VI
Status: in_force

Officers or employees of a party state rendering aid in another state pursuant to this compact are considered agents of the requesting state for tort liability and immunity purposes. A party state or its officers or employees rendering aid in another state pursuant to this compact are not liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article does not include willful misconduct, gross negligence or recklessness. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 396 — ME Code / Title 37-B / Chapter 3 / Section 396
37-B §396. Budget
Status: in_force

The Adjutant General shall establish a budget for the authority and shall present that budget to the Governor and the Legislature. [PL 2003, c. 646, §11 (AMD).]
37-B M.R.S. § 610 — ME Code / Title 37-B / Chapter 11 / Section 610
37-B §610. Support and maintenance fund
Status: in_force

All funds received by the Maine Veterans' Homes, including federal Veterans' Administration stipend funds, must be held in a permanent fund to be used as required by the chief executive officer for the support and maintenance of the homes. A percentage of these funds approved by the board of trustees must be placed in reserve for capital improvement expenditures. The board of trustees shall operate the homes, when constructed, as self-liquidating projects until all the bonds issued as provided by this chapter are retired. The Department of Health and Human Services may not modify its principles of reimbursement for long-term care facilities to specifically exclude reimbursement for the depreciation of the assets created with federal or state grants. [PL 2015, c. 397, §16 (AMD).]