37-B M.R.S. § 3 — ME Code / Title 37-B / Chapter 1 / Section 3
37-B §3. Commissioner; Deputy Adjutant General
Status: in_force

1. Adjutant General. The Adjutant General shall be the Commissioner of Defense, Veterans and Emergency Management and shall: A. Be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over veterans' affairs and confirmation by the Legislature and serve at the pleasure of the Governor; [PL 1995, c. 302, §1 (AMD).] B. Not hold a grade above major general; [PL 1983, c. 460, §3 (NEW).] C. Satisfy the requirements of section 107 ; and [PL 1983, c. 460, §3 (NEW).] D. Have the following powers and duties. (1) The Adjutant General shall administer the department subordinate only to the Governor. (2) The Adjutant General shall establish methods of administration consistent with the law necessary for the efficient operation of the department. (3) The Adjutant General may prepare a budget for the department. (4) The Adjutant General may transfer personnel from one bureau to another within the department. (5) The Adjutant General shall supervise the preparation of all state informational reports required by the federal military establishment. (6) The Adjutant General shall keep an accurate account of expenses incurred and, in accordance with Title 5, sections 43 to 46 , make a full report to the Governor as to the condition of the military forces, and as to all business transactions of the Military Bureau, including detailed statements of expenditures for military purposes. (7) The Adjutant General is responsible for the custody, care and repair of all military property belonging to or issued to the State for the military forces and shall dispose of military property belonging to the State that is unserviceable. The Adjutant General shall account for and deposit the proceeds from that disposal with the Treasurer of State, who shall credit them to the Capital Repair, Maintenance, Construction and Acquisition Account of the Military Bureau. (8) The Adjutant General may sell for cash to officers of the state military forces, for their official use, and to organizations of the state military forces, any military or naval property that is the property of the State. The Adjutant General shall, with an annual report, render to the Governor an accurate account of the sales and deposit the proceeds of the sales with the Treasurer of State, who shall credit them to the General Fund. (9) The Adjutant General shall represent the state military forces for the purpose of establishing the relationship between the federal military establishment and the various state military staff departments. (10) The Adjutant General shall accept, receive and administer federal funds for and on behalf of the State that are available for military purposes or that would further the intent and specific purposes of this chapter and chapter 3 . The Adjutant General shall provide the personnel, supplies, services and matching funds required by a federal cost-sharing arrangement pursuant to 31 United States Code, Chapters 63 and 65 (2013); 32 United States Code (2013); and National Guard Regulation 5-1 (2010). The Adjutant General shall receive funds and property and an accounting for all expenditures and property acquired through such a federal cost-sharing arrangement and make returns and reports concerning those expenditures and that property as required by such a federal cost-sharing arrangement. (11) The Adjutant General shall acquire, construct, operate and maintain military facilities necessary to comply with this Title and Title 32 of the United States Code and shall operate and maintain facilities now within or hereafter coming within the jurisdiction of the Military Bureau. (12) The Adjutant General may adopt rules pertaining to compliance with state and federal contracting requirements, subject to Title 5, chapter 375 . Those rules must provide for approval of contracts by the appropriate state agency. (13) The Adjutant General shall allocate and supervise any funds made available by the Legislature to the Civil Air Patrol. (14) The Adjutant General shall report at the beginning of each biennium to the joint standing committee of the Legislature having jurisdiction over veterans' affairs on any recommended changes or modifications to the laws governing veterans' affairs, particularly as those changes or modifications relate to changes in federal veterans' laws. The report must include information on the status of communications with the United States Department of Veterans Affairs regarding the potential health risks to and the potential disabilities of veterans who as members of the Maine National Guard were exposed to environmental hazards at the Canadian military support base in Gagetown, New Brunswick, Canada. (15) The Adjutant General may receive personal property from the United States Department of Defense that the Secretary of Defense has determined is suitable for use by agencies in law enforcement activities, including counter-drug activities, and in excess of the needs of the Department of Defense pursuant to 10 United States Code, Section 2576a, and transfer ownership of that personal property to state, county and municipal law enforcement agencies notwithstanding any other provision of law. The Adjutant General may receive excess personal property from the United States Department of Defense for use by the department, notwithstanding any other provision of law. (16) The Adjutant General may establish a science, mathematics and technology education improvement program for schoolchildren known as the STARBASE Program. The Adjutant General may accept financial assistance and in-kind assistance, advances, grants, gifts, contributions and other forms of financial assistance from the Federal Government or other public body or from other sources, public or private, to implement the STARBASE Program. The Adjutant General may employ a director and other employees, permanent or temporary, to operate the STARBASE Program. (17) The Adjutant General shall establish a system, to be administered by the Director of the Maine Bureau of Veterans' Services, to express formally condolence and appreciation to the closest surviving family members of members of the United States Armed Forces who, since September 11, 2001, are killed in action or die as a consequence of injuries that result in the award of a Purple Heart medal. In accordance with the existing criteria of the department for the awarding of gold star medals, this system must provide for the Adjutant General to issue up to 3 gold star medals to family members who reside in the State, one to the spouse of the deceased service member and one to the parents of the service member. If the parents of the service member are divorced, the Adjutant General may issue one medal to each parent. If the service member has no surviving spouse or parents or if they live outside of the State, the Adjutant General may issue a gold star medal to the service member's next of kin, as reported to the department, who resides in the State. (18) The Adjutant General may establish a National Guard Youth Challenge Program consistent with 32 United States Code, Section 509 (1990). The Adjutant General may accept financial assistance from the Federal Government or other public body or from other sources, public and private, to implement the National Guard Youth Challenge Program. The Adjutant General may employ a director and other employees, permanent or temporary, to operate the program. (19) The Adjutant General may execute cooperative agreements for purposes described or defined by this Title and other arrangements necessary to operate the department. (20) The Adjutant General shall act as the Governor's homeland security advisor. (21) The Adjutant General shall implement a program to identify residents of the State who are not considered veterans but are military retirees or former members of the Maine Army National Guard or Maine Air National Guard who successfully completed service. (22) The Adjutant General may negotiate and execute agreements to provide state military forces to or accept military forces from other states in support of federally funded National Guard missions. (23) The Adjutant General may provide logistical and administrative support to military welfare societies as defined in 10 United States Code, Section 1033(b)(2) in the performance of their functions and to state military welfare societies as defined in section 101‑A, subsection 3 in the performance of their functions to provide relief directly to members of the Maine National Guard and the Maine Air National Guard and to facilitate the distribution of emergency financial relief in accordance with section 158 . (24) The Adjutant General shall provide current and former members of the National Guard who were the victims of sexual assault or sexual harassment while members of the National Guard and who are involved in administrative or Maine Code of Military Justice proceedings related to the sexual assault or sexual harassment with financial assistance to fully cover the expenses of traveling to and from and participating in those proceedings. (25) By December 6, 2023, and annually thereafter, the Adjutant General shall submit a report to the joint standing committee of the Legislature having jurisdiction over veterans affairs containing: (a) Data regarding all reported incidents of sexual assault and sexual harassment within the National Guard in each of the preceding 10 years, including information on the current duty status of victims and the outcome of any state or federal criminal or Maine Code of Military Justice proceedings arising out of such incidents, to the extent that the sharing of such data and information is not prohibited by federal law or federal regulation and can be presented in a way that does not identify, and that cannot be used with other information to identify, any victim of sexual assault or sexual harassment. If necessary to protect the identity of victims of sexual assault or sexual harassment, the Adjutant General may submit a summary of specific items of data or information required to be included in the report; (b) A description of all sexual assault and sexual harassment prevention training provided to members of the National Guard in the preceding year; (c) A description of the current practices and procedures for the prevention of sexual assault and sexual harassment and investigation of and disciplinary actions taken in response to reports of sexual assault and sexual harassment in the National Guard; and (d) A summary of the activities during the preceding year of any advisory council or special study group convened by the Governor or the department or in which officials of the department have been asked to participate whose duties involve, at least in part, examining or making recommendations regarding the prevention of or the response to sexual assault and sexual harassment in the National Guard or, if no advisory council or special study group with such duties engaged in activities during the preceding year, a statement to that effect. After reviewing the report, the committee may report out legislation related to the report. (26) By December 6, 2023, and annually thereafter, to the extent allowed by federal law, the Adjutant General shall submit a report to the joint standing committee of the Legislature having jurisdiction over veterans affairs containing the: (a) Aggregate number of new members of the Maine National Guard broken down by gender in the previous year; (b) Aggregate discharge numbers of Maine National Guard members broken down by gender in the previous year; (c) Aggregate promotion rates from the previous year of Maine National Guard members broken down by gender; (d) Aggregate data or coded reason for discharge of all Maine National Guard members discharged in the previous year broken down by gender; (e) Percentages of Maine National Guard members broken down by gender reporting sexual harassment and sexual assault as measured by the anonymous survey with the highest percentage of Maine National Guard members having completed surveys from the previous year; and (f) Number of restricted and unrestricted reports of sexual harassment and sexual assault in the Maine National Guard by year broken down by gender of the reporting party. [PL 2023, c. 474, §§2, 3 (AMD).] [PL 2023, c. 474, §§2, 3 (AMD).]

2. Deputy Adjutant General. The Deputy Adjutant General has all the military-related powers, responsibilities and duties of the Adjutant General if the Adjutant General is unable to act or, if the office is vacant, until the vacancy is filled by the Governor, as provided by law. The Deputy Adjutant General may perform other military duties of the Adjutant General as assigned by the Adjutant General or the Governor. [PL 1995, c. 196, Pt. C, §1 (AMD).]
37-B M.R.S. § 154 — ME Code / Title 37-B / Chapter 3 / Section 154
37-B §154. Capital Repair, Maintenance, Construction and Acquisition Account
Status: in_force

Except as provided in section 353-A , the Capital Repair, Maintenance, Construction and Acquisition Account is established in the Military Bureau as a nonlapsing fund to assist in defraying the capital repair, maintenance and construction of state-owned properties of the Military Bureau, as well as purchasing land for training sites. The bureau may not spend $500,000 or more for any single capital repair, maintenance or construction project or land acquisition unless that expenditure is approved in advance by the Legislature. Not later than January 1st of each odd-numbered year, the bureau shall submit a list to the Legislature that identifies the location, nature and cost of each planned capital repair, maintenance and construction project and land acquisition costing less than $500,000. [PL 2015, c. 465, Pt. D, §2 (AMD).]
37-B M.R.S. § 10 — ME Code / Title 37-B / Chapter 1 / Section 10
37-B §10. Report by Adjutant General
Status: in_force

The President of the Senate and the Speaker of the House of Representatives may invite the Adjutant General to appear in February of each year before a joint session of the Legislature to address the Legislature on defense, veterans' services and emergency management matters and such other matters as the Adjutant General desires to bring to the attention of the Legislature. [PL 2011, c. 472, §1 (NEW).]
37-B M.R.S. § 605 — ME Code / Title 37-B / Chapter 11 / Section 605
37-B §605. Compensation of the board
Status: in_force

Trustees shall be compensated according to the provisions of Title 5, chapter 379 . [PL 1983, c. 812, §286 (RPR).]
37-B M.R.S. § 442 — ME Code / Title 37-B / Chapter 5 / Section 442
37-B §442. Absent without leave
Status: in_force

Any member of the military forces who, without authority, fails to go to the member's appointed place of duty at the time prescribed, or goes from that place, or leaves or remains absent from the member's unit, organization or place of duty at which the member is required to be at the time prescribed, must be punished as a court-martial may direct. [RR 2019, c. 1, Pt. B, §37 (COR).]
37-B M.R.S. § 429 — ME Code / Title 37-B / Chapter 5 / Section 429
37-B §429. Record of trial
Status: in_force

After a trial by court-martial, the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or any officer exercising court-martial jurisdiction. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 387 — ME Code / Title 37-B / Chapter 3 / Section 387
37-B §387. Stay of forcible entry and detainer during military service
Status: in_force

1. General rule. Whenever any member of the National Guard or the Reserves of the United States Armed Forces is ordered to military duty in response to federal or state orders, a forcible entry and detainer action may not be made of the premises occupied chiefly for dwelling purposes by the military member or any military family member or other dependents, except upon leave of court granted upon application for such an action. [PL 2001, c. 662, §40 (NEW).]

2. Stay of proceedings. In an action brought pursuant to subsection 1 , the court may on its own motion or upon the motion of the military member or military family member, stay the proceedings if in the opinion of the court the ability of the military member or military family member to pay the rent is materially affected by reason of the military service. The court may make such other order as may be just under the circumstances, including an order postponing full payment of the rent. [PL 2001, c. 662, §40 (NEW).]

3. Impact on landlords. When a stay or other order is made pursuant to this section by the court, the owner of the premises is entitled upon application to such relief as the court determines just and equitable under the circumstances, including an order of the military member or military family member to pay the arrearage in rent upon the release from military service to the extent and for such a period as may appear to the court just. [PL 2001, c. 662, §40 (NEW).]
37-B M.R.S. § 1131 — ME Code / Title 37-B / Chapter 24 / Section 1131
37-B §1131. Establishment of commission
Status: in_force

1. Establishment of commission. The River Flow Advisory Commission, as established by Title 5, section 12004-G, subsection 13-E and referred to in this section as the "commission," shall act as a technical advisory commission to the department and the Governor's office on issues of flow of the State's rivers and streams. The commission shall also facilitate communication of river flow data between dam operators, river basin managers, state agencies, the United States Geological Survey and the National Weather Service during floods and droughts and shall administer the State's hydrologic monitoring program in cooperation with the United States Geological Survey. [PL 2001, c. 662, §99 (NEW).]

2. Membership. The commission is composed of these members: A. The Director of the Maine Emergency Management Agency or the director's designee; [PL 2003, c. 404, §11 (AMD).] B. The State Geologist or the State Geologist's designee; [PL 2001, c. 662, §99 (NEW).] C. The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee; [PL 2001, c. 662, §99 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).] D. The Commissioner of Environmental Protection or the commissioner's designee; [PL 2001, c. 662, §99 (NEW).] E. The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee; [PL 2001, c. 662, §99 (NEW).] F. The Commissioner of Marine Resources or the commissioner's designee; [PL 2001, c. 662, §99 (NEW).] G. [PL 2011, c. 655, Pt. HH, §5 (RP); PL 2011, c. 655, Pt. HH, §7 (AFF).] H. The Commissioner of Transportation or the commissioner's designee; [PL 2001, c. 662, §99 (NEW).] I. The District Chief of the United States Geological Survey Water Resources Division Maine District Office; [PL 2001, c. 662, §99 (NEW).] J. The Meteorologists-in-Charge of the National Weather Service Forecast Offices in this State or the designee of the Meteorologists-in-Charge; [PL 2003, c. 404, §12 (AMD).] K. Representatives from private commerce and industry, including, but not limited to, the major hydroelectric power generators, as determined by the cochairs of the commission; [PL 2003, c. 404, §12 (AMD).] L. A representative of the public, appointed by the Governor; [PL 2003, c. 404, §12 (AMD).] M. The Commissioner of Health and Human Services or the commissioner's designee; and [PL 2003, c. 404, §13 (NEW); PL 2003, c. 404, Pt. B, §7 (REV).] N. The director of the Senator George J. Mitchell Center for Environmental and Watershed Research at the University of Maine, or the director's designee. [PL 2003, c. 404, §13 (NEW).] [PL 2011, c. 655, Pt. HH, §5 (AMD); PL 2011, c. 655, Pt. HH, §7 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]

3. Chair. The District Chief of the United States Geological Survey Water Resources Division Maine District Office and the Director of the Maine Emergency Management Agency or the director's designee shall act as cochairs of the commission. [PL 2003, c. 404, §14 (AMD).]

4. Terms of office. The term of office of the public member is 5 years. The public member may be removed from office for cause by the Governor. Members from the State Government or Federal Government shall serve a term coincident with their governmental position. Members from private commerce and industry serve a term as determined by the respective entities that they represent. [PL 2003, c. 404, §14 (AMD).]

5. Voting. A quorum of at least 7 members must be present for voting. [PL 2001, c. 662, §99 (NEW).]

6. Administrative provision. The Maine Emergency Management Agency shall administer the affairs and activities of the commission. [PL 2001, c. 662, §99 (NEW).]

7. Records. The commission shall keep accurate records of its proceedings and shall file them with the Maine Emergency Management Agency. [PL 2001, c. 662, §99 (NEW).]

8. Compensation. Members of the commission are not entitled to receive compensation. [PL 2001, c. 662, §99 (NEW).]

9. Meetings. The commission shall meet at least once per calendar year at the call of either of the cochairs to review hydrologic conditions prior to the spring snowmelt and runoff for the purpose of issuing an advisory statement on the potential for major river flooding. Either of the cochairs may call additional meetings as needed. [PL 2001, c. 662, §99 (NEW).]

10. Powers and duties. The commission has the power and duty only to: A. Advise the department and the Governor on issues of flow within the State's rivers and streams; [PL 2001, c. 662, §99 (NEW).] B. Assist in communication of river flow data between dam operators, river basin managers, state agencies and federal agencies; and [PL 2001, c. 662, §99 (NEW).] C. Administer the State's cooperative hydrologic monitoring program in cooperation with the United States Geological Survey. [PL 2001, c. 662, §99 (NEW).] [PL 2001, c. 662, §99 (NEW).]
37-B M.R.S. § 747 — ME Code / Title 37-B / Chapter 13 / Section 747
37-B §747. Safeguarding Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund
Status: in_force

1. Fund established. The Safeguarding Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund administered by the agency for the purpose of providing a state match for United States Department of Homeland Security, Federal Emergency Management Agency disaster and hazard mitigation revolving low-interest loan funds to support county, municipal and tribal government infrastructure projects that reduce risks from extreme weather events and other natural hazards such as flooding and damaging winds to the extent allowed by federal laws and regulations. [PL 2025, c. 33, Pt. B, §1 (NEW).]

2. Sources of funding. The fund consists of any money received from the following sources: A. Contributions from private sources; [PL 2025, c. 33, Pt. B, §1 (NEW).] B. Federal funds and grant awards; [PL 2025, c. 33, Pt. B, §1 (NEW).] C. The proceeds of any bonds issued for the purposes for which the fund is established; and [PL 2025, c. 33, Pt. B, §1 (NEW).] D. Any other funds received in support of the purposes for which the fund is established. [PL 2025, c. 33, Pt. B, §1 (NEW).] [PL 2025, c. 33, Pt. B, §1 (NEW).]

3. Disbursements from fund. The agency shall apply the money in the fund to provide for grants and loans to support municipal and tribal government infrastructure projects that reduce risks from extreme weather events and other natural hazards such as flooding and damaging winds to the extent allowed by federal laws and regulations. [PL 2025, c. 33, Pt. B, §1 (NEW).]

4. Rulemaking. The agency may adopt rules as necessary to accomplish the purpose of the fund and to meet state and federal requirements for the proper administration of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 33, Pt. B, §1 (NEW).]
37-B M.R.S. § 462 — ME Code / Title 37-B / Chapter 5 / Section 462
37-B §462. Operating under the influence and driving to endanger
Status: in_force

1. Prohibition; operating under the influence and driving to endanger. Any person subject to this Code who commits an offense prohibited under Title 29‑A, section 2411 or 2413 is guilty of that offense under this Code. [PL 2025, c. 97, §10 (AMD).]

2. Punishment. Any person subject to this Code who is found guilty of an offense prohibited under Title 29‑A, section 2411 or 2413 may be punished as a court‑martial may direct. [PL 2025, c. 97, §10 (AMD).]
37-B M.R.S. § 8-A — ME Code / Title 37-B / Chapter 1 / Section 8-A
37-B §8-A. Issuance of free admission pass to Maine State Museum to veterans
Status: in_force

The Commissioner of Defense, Veterans and Emergency Management, in accordance with a memorandum of agreement entered into with the Maine State Museum Commission under Title 27, section 83, subsection 5 and this section, shall issue a free admission pass to the Maine State Museum to eligible veterans pursuant to subsection 1 . [PL 2017, c. 370, §2 (NEW).]

1. Eligibility. The department shall determine a person's eligibility for a pass under this section by establishing that the person is a veteran and: A. The person is a resident of this State; and [PL 2017, c. 370, §2 (NEW).] B. The person received an honorable discharge or general discharge under honorable conditions. [PL 2017, c. 370, §2 (NEW).] [PL 2017, c. 370, §2 (NEW).]

2. Responsibilities of commissioner. The Commissioner of Defense, Veterans and Emergency Management shall identify a point of contact within the department to issue free admission passes in accordance with this section and the memorandum of agreement entered into with the Maine State Museum Commission pursuant to Title 27, section 83, subsection 5 . The Commissioner of Defense, Veterans and Emergency Management shall periodically report to the Maine State Museum Commission a list of the names and addresses of all persons receiving passes to the Maine State Museum 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 2017, c. 370, §2 (NEW).]
37-B M.R.S. § 106 — ME Code / Title 37-B / Chapter 3 / Section 106
37-B §106. Assistant adjutants general
Status: in_force

The Adjutant General may, subject to the approval of the Governor, appoint an assistant adjutant general for the Maine Army National Guard and an assistant adjutant general for the Maine Air National Guard, each with the qualifications set forth in section 107 , who may hold the grade of brigadier general and shall serve at the pleasure of the Adjutant General. The assistant adjutant general for the Maine Army National Guard shall be responsible for the general supervision of training and administration of the Maine Army National Guard and the assistant adjutant general for the Maine Air National Guard shall be responsible for the general supervision of training and administration of the Maine Air National Guard. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 784-B — ME Code / Title 37-B / Chapter 13 / Section 784-B
37-B §784-B. Maine First Responders State-wide Mutual Aid Agreement
Status: in_force

All political subdivisions within the State are covered by the Maine First Responders State-wide Mutual Aid Agreement, dated November 2008, as drafted by the agency and referred to in this section as "the agreement," except that a political subdivision may withdraw from the agreement by enacting a local ordinance that withdraws from the agreement. [PL 2009, c. 175, §1 (NEW).]

A local first responder agency may provide emergency management, fire, law enforcement, emergency medical, public works and other emergency services as necessary upon the request of any political subdivision within the State in accordance with the agreement. Additional preexisting contracts or agreements with the jurisdiction requesting the services are not required. [PL 2009, c. 175, §1 (NEW).]
37-B M.R.S. § 806 — ME Code / Title 37-B / Chapter 13 / Section 806
37-B §806. Enforcement; penalties
Status: in_force

1. Commission orders. The commission may issue orders requiring the owner or operator of a facility or other responsible person at a facility to abate a violation of any section of this subchapter or rule adopted under it. [PL 1989, c. 464, §3 (NEW).]

2. Civil penalties. The following penalties apply to the following violations. A. A person who violates section 795 is subject to a civil penalty of not more than $25,000. [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates section 796 is subject to a civil penalty of not more than $1,000. [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A person who violates section 797 is subject to a civil penalty of not more than $1,000. [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. A person who violates section 798, subsection 1 or 2 is subject to a civil penalty of not more than $25,000. [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] Civil penalties under this subsection are payable to the Emergency Response Commission Fund. These penalties are recoverable in a civil action. Minimum penalties under this subsection are $100 per day. Each day of violation constitutes a separate violation. [PL 2003, c. 452, Pt. V, §1 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Criminal penalties. The following penalties apply to the following violations. A. A person who intentionally, knowingly or recklessly fails to comply with the reporting requirements of section 798, subsection 1 commits a Class C crime and, notwithstanding Title 17‑A, section 1704, subsection 3 and section 1705, subsection 4 , is subject to a fine of not more than $25,000. [PL 2019, c. 113, Pt. C, §113 (AMD).] B. A person who violates paragraph A when the person has a prior conviction for violation of paragraph A commits a Class C crime and, notwithstanding Title 17‑A, section 1704, subsection 3 and section 1705, subsection 4 , is subject to a fine of not more than $50,000. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence. [PL 2019, c. 113, Pt. C, §113 (AMD).] [PL 2019, c. 113, Pt. C, §113 (AMD).]

4. Authority to bring civil actions. Civil actions may be brought as follows. A. Any person may commence a civil action on that person's own behalf against the owner or operator of a facility for failure to do any of the following: (1) Submit a follow-up emergency notice under section 798, subsection 3 ; (2) Submit a material safety data sheet or a list under section 796 ; (3) Complete and submit a Maine chemical inventory report under section 797 ; or (4) Complete and submit a toxic chemical release report under section 799 . [PL 2009, c. 252, §8 (AMD).] B. No action may be brought against the owner or operator of a facility if the Federal Government or the State has commenced and is diligently pursuing an administrative order, civil action or criminal action to enforce the requirement concerned or to impose a civil penalty for an alleged violation of the requirement, either under this subsection or under comparable federal law or rule. [PL 1989, c. 464, §3 (NEW).] C. No action may be commenced under this subsection unless the plaintiff has given at least 60 days prior notice to the commission, the Attorney General and the owner or operator of the facility alleged to be in violation that the plaintiff will commence the action. [PL 1989, c. 464, §3 (NEW).] D. Action brought against an owner or operator under this section shall be brought in Superior Court for the county in which the alleged violation occurred. [PL 1989, c. 464, §3 (NEW).] E. Nothing in this subsection may restrict or expand any right which any person or class of persons may have under any federal or state law or common law to seek enforcement of any requirement or to seek any other relief. [PL 1989, c. 464, §3 (NEW).] F. In any action under this subsection, the Federal Government or the State, or both, may intervene as a matter of right. [PL 1989, c. 464, §3 (NEW).] G. In any action under this subsection, any person may intervene as a matter of right when that person has a direct interest which is or may be adversely affected by the action and the disposition of the action may, as a practical matter, impair or impede the person's ability to protect that interest unless the court determines that the person's interest is adequately represented by existing parties in the action. [PL 1989, c. 464, §3 (NEW).] [PL 2009, c. 252, §8 (AMD).]
37-B M.R.S. § 382 — ME Code / Title 37-B / Chapter 3 / Section 382
37-B §382. Registration of aliens during time of war
Status: in_force

Whenever a state of war exists or is imminent between the United States and a foreign country, the Governor may by proclamation direct every citizen or subject of that foreign country within this State to personally appear within 24 hours after the proclamation or within 24 hours after the citizen's or subject's arrival in this State, whichever is later, before the public authorities named by the Governor in the proclamation. At that time the citizen or subject of the foreign country shall register the citizen's or subject's name, residence, business, length of stay and other information that the Governor may prescribe in the proclamation. [RR 2019, c. 1, Pt. B, §22 (COR).]

The person in control of each hotel, inn, boardinghouse, rooming house and private residence within the State shall within 24 hours after the proclamation notify the public authorities of the presence in their establishment of every citizen or subject of that foreign country, and shall each day notify the public authorities of the arrival and departure of those persons. Failure to comply with the requirements of the Governor's proclamation or to do or perform any of the acts provided in this section is a Class E crime. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 606 — ME Code / Title 37-B / Chapter 11 / Section 606
37-B §606. Chief executive officer
Status: in_force

The chief executive officer shall administer the homes in accordance with the rules, guidelines and general policies established by the board. The chief executive officer serves an indefinite term, but may be removed for cause by the board. The chief executive officer's salary is set by the board. The chief executive officer shall hire the necessary employees to operate the homes and, whenever possible, give preference in hiring to veterans. These employees are not deemed employees of the State. [PL 2021, c. 238, §4 (AMD).]
37-B M.R.S. § 388 — ME Code / Title 37-B / Chapter 3 / Section 388
37-B §388. Educational leave of absence
Status: in_force

Whenever any member of the National Guard or the Reserves of the United States Armed Forces is ordered to military duty in response to federal or state orders, the educational institution in which the member is enrolled shall grant the member a military leave of absence from the educational institution. Upon release from military duty, a person on military leave of absence from an educational institution is entitled to be restored to the educational status that person had attained prior to being ordered to military duty without loss of academic credits earned, scholarships or grants awarded to tuition, room and board and other fees paid prior to the commencement of military duty. The educational institution shall proportionately refund tuition, room and board and other fees paid or credit them to the next semester or term after the termination of the educational military leave of absence, at the option of the member. [PL 2001, c. 662, §40 (NEW).]
37-B M.R.S. § 804 — ME Code / Title 37-B / Chapter 13 / Section 804
37-B §804. Local authority
Status: in_force

Nothing in this subchapter or rules adopted under it preempts or otherwise affects any ordinance, regulation or rule of a political subdivision, limits the authority of a political subdivision to adopt or enforce any ordinance, regulation, or rule that it is authorized to adopt or enforce pursuant to the Constitution of Maine and laws of this State, or limits the authority of any department or agency of this State to adopt any rule or enforce any law or rule of this State that it is authorized to adopt or enforce under the laws of this State. This subchapter does not abridge rights of action or remedies in equity, under common law, or as provided by law. [PL 1989, c. 464, §3 (NEW).]
37-B M.R.S. § 852 — ME Code / Title 37-B / Chapter 13 / Section 852
37-B §852. Plans deemed part of statewide comprehensive plan
Status: in_force

An operational plan developed by an agency of the State that has jurisdiction over responding to an emergency is deemed to be part of the comprehensive emergency management plan for the State. [PL 2013, c. 146, §18 (NEW).]
37-B M.R.S. § 1119 — ME Code / Title 37-B / Chapter 24 / Section 1119
37-B §1119. Dam condition inspection
Status: in_force

1. Inspections. A state dam inspector shall conduct an inspection of all high and significant hazard potential dams to determine whether the integrity, structural stability, function or operation of those dams constitutes a threat to public safety, in accordance with the following schedule: A. All significant hazard potential dams, at least once every 6 years; [PL 2013, c. 146, §20 (AMD).] B. All high hazard potential dams, at least once every 6 years; [PL 2013, c. 146, §20 (AMD).] C. Any dam, within 60 days of a request for an inspection from the dam owner or the municipality in which the dam is located; and [PL 2013, c. 146, §20 (AMD).] D. At any time any dam that may, in the judgment of the commissioner, constitute a potential risk to public safety. [PL 2001, c. 460, §3 (NEW).] Notwithstanding the schedule outlined in this subsection, a state dam inspector shall conduct an inspection of a significant or high hazard potential dam within 30 days of receipt by the commissioner of a notice of transfer of ownership of the dam as required under section 1128 unless the dam has been inspected under this subsection within 4 years preceding the notice of transfer of ownership. [PL 2013, c. 146, §20 (AMD).]

2. Condition report. After the on-site dam inspection, a state dam inspector shall provide a condition report to the commissioner detailing the operation and material condition of the dam and recommending all necessary remedial measures. The commissioner shall send a copy of the state dam inspector's condition report by certified mail to the dam owner, lessee or other person in control of the dam, the municipality in which the dam is located and the emergency management director of the county in which the dam is located if the condition report recommends any necessary remedial measures. The dam owner, lessee or other person in control of the dam must notify the commissioner within 20 days of receipt of the report if the owner disagrees with the findings and recommendations of the report. The dam owner, lessee or other person in control of the dam must provide the basis of disagreement to the commissioner within 3 months of receipt of the inspector's report. The dam owner, lessee or other person in control of the dam may apply for and be granted an extension of this deadline for good cause, but not for more than an additional 3 months. [PL 2001, c. 460, §3 (NEW).]

3. Review conference. After receiving the inspector's report and prior to issuing any dam safety order, the commissioner shall hold a review conference and shall invite the emergency management director of the county in which the dam is located to the review conference as well as representatives from appropriate state agencies, which may include the Department of Agriculture, Conservation and Forestry, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Public Safety, the Department of Transportation and the Maine Land Use Planning Commission, to discuss the public safety, environmental, economic and other concerns relating to the dam and the necessary remedial measures under consideration. A state dam inspector shall attend the review conference. The commissioner shall maintain a written record of the conference and shall make a copy of this record available to all parties participating in the conference. [PL 2011, c. 655, Pt. HH, §4 (AMD); PL 2011, c. 655, Pt. HH, §7 (AFF); PL 2011, c. 657, Pt. W, §5 (REV); PL 2011, c. 682, §38 (REV).]

4. Order. The commissioner shall consider the inspector's report, the evidence presented by the dam owner, lessee or other person in control of the dam and the record from the review conference before issuing a dam safety order directing that necessary remedial measures be undertaken by the dam owner, lessee or other person in control of the dam. The commissioner may issue such an order only if the commissioner determines that the integrity, structural stability, function or operation of the dam constitutes a threat to public safety. Necessary remedial measures may include, but are not limited to: A. Breach or removal of the dam; [PL 2001, c. 460, §3 (NEW).] B. Repair or maintenance of the dam in a specified manner; [PL 2001, c. 460, §3 (NEW).] C. Operation of the dam in a specified manner; [PL 2001, c. 460, §3 (NEW).] D. Preparation of and adherence to any emergency action that is approved by the commissioner; and [PL 2001, c. 460, §3 (NEW).] E. Maintenance of appropriate records relating to water levels, dam operation and dam maintenance. [PL 2001, c. 460, §3 (NEW).] [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 1002 — ME Code / Title 37-B / Chapter 19 / Section 1002
37-B §1002. Relation to other statutes
Status: in_force

All Acts and parts of Acts inconsistent with this chapter are suspended in their application to any proceedings under this chapter. If conduct prohibited by this chapter is made unlawful by another or other laws, the offender may be convicted for the violation of this chapter or of the other law or laws. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 101-A — ME Code / Title 37-B / Chapter 3 / Section 101-A
37-B §101-A. Definitions
Status: in_force

1. Active state service. As used in this Title, "active state service" means all military duty performed as a member of the state military forces pursuant to this Title or the United States Code, Title 32. [PL 1995, c. 196, Pt. B, §1 (AMD).]

2. Military forces. "Military forces" means the state military forces, as defined in section 102 . [PL 1987, c. 230, §1 (NEW).]

3. State military welfare society. "State military welfare society" means a nonprofit agency composed primarily of serving or former Maine Army National Guard or Maine Air National Guard members established to solicit and accept donations for the purpose of providing emergency financial relief to members of the state military forces. A state military welfare society may be the same organization as a military welfare society as defined in 10 United States Code, Section 1033(b)(2). [PL 2017, c. 114, §2 (NEW).]
37-B M.R.S. § 184 — ME Code / Title 37-B / Chapter 3 / Section 184
37-B §184. Notice for duty
Status: in_force

Notices for military duty must be given as follows. [PL 1995, c. 600, §5 (AMD).]

1. When given. Members of the state military forces must receive reasonable prior notice of active state service appropriate to the duty to be performed. [PL 1995, c. 600, §5 (AMD).]

2. How given. Notices may be given orally or in writing. Orders conspicuously posted during a regular meeting of the unit, not less than 4 days prior to the date fixed in the order, are sufficient. [PL 1995, c. 600, §5 (AMD).]

3. Dates fixed by law. When drill dates have been fixed by law, orders or regulations, no further notice is required. [PL 1995, c. 600, §5 (AMD).]
37-B M.R.S. § 503-A — ME Code / Title 37-B / Chapter 7 / Section 503-A
37-B §503-A. Rules
Status: in_force

The Commissioner of Defense, Veterans and Emergency Management may, in accordance with Title 5, chapter 375, subchapter II , adopt reasonable rules necessary to carry out this chapter, provided that regulations pertaining to the management of the Maine Veterans' Memorial Cemetery System are not rules within the meaning of Title 5, section 8002, subsection 9 . [PL 2001, c. 662, §62 (AMD).]
37-B M.R.S. § 701 — ME Code / Title 37-B / Chapter 13 / Section 701
37-B §701. Title; purpose
Status: in_force

This chapter may be cited as the "Maine Emergency Management Act." It is the purpose of this chapter to: [PL 2001, c. 614, §3 (AMD); PL 2001, c. 662, §72 (AMD).]

1. Agency. Establish the Maine Emergency Management Agency to lessen the effects of disaster on the lives and property of the people of the State through leadership, coordination and support in the 4 phases of emergency management: mitigation, preparedness, response and recovery; [PL 2001, c. 662, §72 (AMD).]

2. Local organizations. Authorize the creation of local organizations for emergency management in the political subdivisions of the State; [PL 2001, c. 614, §4 (AMD); PL 2001, c. 662, §72 (AMD).]

3. Emergency powers. Confer upon the Governor and the executive heads of governing bodies of the political subdivisions of the State certain emergency powers; [PL 2013, c. 146, §1 (AMD).]

4. Mutual aid. Provide for the rendering of mutual aid among the political subdivisions of the State and with other states and provinces of Canada for the accomplishment of emergency management functions; and [PL 2013, c. 146, §2 (AMD).]

5. Homeland security. Authorize the Maine Emergency Management Agency to coordinate the State's homeland security-related preparedness, response, recovery, prevention and protection activities. [PL 2013, c. 146, §3 (NEW).]
37-B M.R.S. § 785 — ME Code / Title 37-B / Chapter 13 / Section 785
37-B §785. State Civil Service Appeals Board services
Status: in_force

Local emergency management agencies organized pursuant to this subchapter may accept the services of the Bureau of Human Resources and adopt board rules for the purpose of qualifying for federal funds. The Bureau of Human Resources may enter into agreements with the emergency management agencies for the purpose of furnishing merit system coverage for emergency management employees or employees of other agencies and departments assigned full time to emergency management duties. The Bureau of Human Resources may charge for services rendered. The fee must be consistent with the cost of coverage per state employee multiplied by the number of local, interjurisdictional, county or regional employees covered. Fees received by the board must be credited to the General Fund. [PL 2001, c. 614, §19 (AMD); PL 2001, c. 662, §87 (AMD).]
37-B M.R.S. § 821 — ME Code / Title 37-B / Chapter 13 / Section 821
37-B §821. Eminent domain
Status: in_force

When the Governor has issued a proclamation in accordance with section 742 and, when in the Governor's judgment for the protection and welfare of the State and its inhabitants, the situation requires it as a matter of public necessity or convenience, the Governor may take possession of any real or personal property located within the State for public uses in furtherance of this chapter. [RR 2019, c. 1, Pt. B, §49 (COR).]

1. Real property. If real estate is seized under this section, a declaration of the property seized, containing a full and complete description, shall be filed with the register of deeds for the county in which the seizure is located and a copy of that declaration shall be furnished to the owner. [PL 1983, c. 460, §3 (NEW).]

2. Personal property. If personal property is seized under this section, there shall be entered, upon a docket containing a permanent record, a description of that personal property and its condition when seized, and there shall be furnished to the owner of the seized property a true copy of the docket recording. [PL 1983, c. 460, §3 (NEW).]

3. Compensation. The Governor shall award reasonable compensation to the owners of the property that the Governor takes under this section and for its use and for any injury thereto or destruction thereof caused by that use. [RR 2019, c. 1, Pt. B, §50 (COR).]

4. Appeal. The owner of property of which possession has been taken under this section and to whom no award has been made or who is dissatisfied with the amount awarded the owner as compensation may bring an action in the Superior Court in the county in which the owner lives or has a usual place of business or in the County of Kennebec to have the amount of damages to which the owner is entitled determined. The plaintiff may bring the action within 6 years after the date when possession of the property was taken under this section, except that, if the owner of the property is in the military service of the United States at any time during which the owner should otherwise have brought the action, the owner may bring the action within 6 years after the owner's discharge from that military service. The plaintiff and the State severally have the right to have the damages assessed by a jury. [RR 2019, c. 1, Pt. B, §51 (COR).]

5. Continuation of right of action. In the event the owner of property seized under this section dies, preventing the owner from bringing or continuing the action provided in subsection 4 , the owner's executor or administrator may bring or continue the action. [RR 2019, c. 1, Pt. B, §52 (COR).]
37-B M.R.S. § 386 — ME Code / Title 37-B / Chapter 3 / Section 386
37-B §386. National Guard Association
Status: in_force

1. Commissioned officers. The commissioned officers of the National Guard may organize themselves into an association. The name of the association shall be the "National Guard Association of the State of Maine." The association may adopt and amend a constitution and bylaws, not repugnant to law, orders or regulations. The association may take and hold real and personal property necessary for the purposes of the association. [PL 1983, c. 460, §3 (NEW).]

2. Enlisted personnel. The enlisted personnel of the National Guard may organize themselves into an association. The name of the association shall be the "Enlisted National Guard Association of the State of Maine." The association may adopt and amend a constitution and bylaws, not repugnant to law, orders or regulations. The association may take and hold real and personal property necessary for the purposes of the association. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 1118 — ME Code / Title 37-B / Chapter 24 / Section 1118
37-B §1118. Dam hazard evaluation
Status: in_force

1. Evaluation. The commissioner shall evaluate all dams to assign or reassign a hazard potential classification in accordance with the following schedule: A. New or reconstructed dams, within 6 months of construction or reconstruction; [PL 2001, c. 460, §3 (NEW).] B. All other dams, at least once every 12 years; [PL 2013, c. 146, §19 (AMD).] C. Any dam, within 60 days of a request for an evaluation from the dam owner, the municipality in which the dam is located or the emergency management director of the county in which the dam is located; and [PL 2013, c. 146, §19 (AMD).] D. At any time a dam for which, in the judgment of the commissioner, such an evaluation is appropriate. [PL 2001, c. 460, §3 (NEW).] Notwithstanding the schedule of this subsection, the commissioner shall evaluate the hazard classification of a significant or high hazard potential dam within 30 days of receipt by the commissioner of a notice of transfer of ownership of the dam as required under section 1128 unless the dam has been evaluated under this subsection within 4 years preceding the notice of transfer of ownership. Until the commissioner assigns or reassigns a hazard potential classification, a dam retains the hazard potential classification assigned in the 1981 United States Army Corps of Engineers' Inventory of Dams in the United States. [PL 2013, c. 146, §19 (AMD).]

2. Factors considered. Before assigning a dam a hazard potential classification, the commissioner shall consider the potential risk to public safety and property that may result from the failure or operation of the dam. In addition, when reassigning a hazard potential classification, the commissioner shall review any changes in upstream and downstream conditions since the last hazard classification evaluation. [PL 2001, c. 460, §3 (NEW).]

3. Hazard report. Before the commissioner assigns or reassigns a dam hazard potential classification, a state dam inspector shall visually inspect that dam and its upstream and downstream environs and provide a report to the commissioner recommending a hazard classification for that dam. The commissioner shall provide a copy of the report by certified mail to the dam owner, lessee or other person in control of the dam, to the municipality in which the dam is located and to the emergency management director of the county in which the dam is located. The dam owner, lessee or other person in control of the dam must notify the commissioner within 20 days of receipt of the report if the dam owner, lessee or other person in control of the dam disagrees with the recommended hazard classification and must file within 3 months of receipt of the commissioner's classification the basis of the appeal with the commissioner. The commissioner may extend the 3 month period for good cause shown, but not more than an additional 3 months. The commissioner shall consider the evidence presented by the dam owner, lessee or other person in control of the dam as well as the evidence of the state inspector before issuing a final determination. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 393 — ME Code / Title 37-B / Chapter 3 / Section 393
37-B §393. Maine Military Authority operation
Status: in_force

The Adjutant General operates the authority under the direction of the Governor and may: [PL 2001, c. 374, §8 (NEW).]

1. Execute agreements. Execute cooperative agreements between the Maine National Guard and the Federal Government or its instrumentalities or agencies; [PL 2001, c. 374, §8 (NEW).]

2. Contract with various entities. Contract with the Federal Government or its instrumentalities or agencies, the State or its agencies, instrumentalities or municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals; [PL 2001, c. 374, §8 (NEW).]

3. Accept financial assistance. Accept, through the normal budgetary process, financial assistance and in-kind assistance, advances, loans, grants, gifts, contributions and other forms of financial assistance from the Federal Government and the State Government or its agencies, from municipalities or other public bodies or from other sources, public or private; [PL 2003, c. 646, §8 (AMD).]

4. Provide money for upkeep. Provide from operating revenues money for the maintenance, construction or reconstruction of capital repair and replacement items as necessary and approved by the Legislature; [PL 2003, c. 646, §8 (AMD).]

5. Acquire property. Acquire for use by the authority real or personal property or any interest in real or personal property, including rights or easements, on either a temporary or permanent basis, by gift, purchase, transfer, lease or otherwise, subject to the approval of the Legislature; [PL 2003, c. 646, §8 (AMD).]

6. Dispose of property. In accordance with applicable state law, hold, sell, lease, rent or otherwise dispose of any real or personal property, or any interest in real or personal property, and release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, and these proceeds become and remain operating revenues except that the Adjutant General may not sell any interest in real property without following the provisions of section 264 ; [PL 2003, c. 646, §8 (AMD).]

7. Procure insurance. Procure insurance through the Risk Management Division against any loss in connection with property of the authority and other assets in amounts and from insurers that the Director of Risk Management determines necessary or desirable to protect the State from risks or losses; and [PL 2003, c. 646, §8 (AMD).]

8. Take all other lawful action. Take all other lawful action necessary and incidental to the powers in this subchapter. [PL 2001, c. 374, §8 (NEW).]
37-B M.R.S. § 262 — ME Code / Title 37-B / Chapter 3 / Section 262
37-B §262. Exemption from attachment and distress
Status: in_force

The clothes, arms, military outfit and accoutrements furnished by or through the State to, or required of, a member of the state military forces are not subject to any civil action, distress, execution or sale for debt or payment of taxes. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 342 — ME Code / Title 37-B / Chapter 3 / Section 342
37-B §342. Prohibited acts; penalties
Status: in_force

1. Failure of civil officers to perform duties. A civil officer named in this chapter, who neglects or refuses to obey the provisions of this chapter, is guilty of a Class E crime. [PL 1983, c. 460, §3 (NEW).]

2. Other military organizations prohibited. No group of persons, other than federal or state military forces, may join together as a military organization or parade in public with firearms. Associations of historical military reenactors may parade in public with firearms with authorization of the city or town officials in the municipality in which they wish to parade. Students in educational institutions where military science is taught, as a prescribed part of the course of instruction, may drill and parade with firearms in public under the supervision of their military instructors. Any person violating this subsection is guilty of a Class E crime. [PL 2001, c. 662, §35 (AMD).]

3. Enlistment of minors into the military. Any person who knowingly enlists, or causes or induces, a person under 18 years of age to enlist into the state military forces without written consent of the parent or guardian of the person under 18 years of age is guilty of a Class E crime. [RR 2019, c. 1, Pt. B, §20 (COR).]

4. Obstruction of the right-of-way. The commander of any part of the state military forces parading or performing any military duty in any street or highway may require any or all persons to yield the right-of-way to the commander's troops, as long as the transport of the United States mail, the legitimate functions, progress and operations of police, ambulances, firefighters and other authorized emergency vehicles are not interfered with by the troops. Anyone who hinders, delays or obstructs any portion of the state military forces when parading or performing their military duty, or who attempts to do so, is guilty of a Class E crime. [RR 2019, c. 1, Pt. B, §21 (COR).]

5. Employment; leave of absence. It is unlawful for any public or private employer to penalize any member of the National Guard or the Reserves of the United States Armed Forces, with regard to compensation, hiring, tenure, terms, conditions, or privileges of employment or to deny any other incident or advantage of employment due to the employee's membership or participation in the National Guard or the Reserves of the United States Armed Forces. A. Any person, including an employer described in this subsection, who willfully deprives a member of the National Guard or the Reserves of the United States Armed Forces, of the member's employment, prevents the member's employment, interferes with the member's employment rights as described in this subsection, or otherwise obstructs the member or the member's employer with respect to the member's occupation or business because of the member's membership in the National Guard or the Reserves of the United States Armed Forces, or who dissuades any person from enlisting in, the National Guard or the Reserves of the United States Armed Forces by threat of injury to the member's occupation or business, is guilty of a Class E crime. [PL 2001, c. 662, §36 (AMD).] B. All officials and employees of the State who are members of the National Guard or the Reserves of the United States Armed Forces must have a leave of absence not to exceed 17 work days each calendar year from their respective duties, without loss of pay or time, when performing military duty and without loss of time or leave for all other military duty, during which the members are so engaged. [PL 2003, c. 583, §7 (AMD).] [PL 2003, c. 583, §7 (AMD).]

6. Discrimination against members of the National Guard or Reserves of the United States Armed Forces. Anyone who discriminates against personnel of the National Guard or the Reserves of the United States Armed Forces must be punished as follows. A. No association or corporation organized to promote the trade, occupation or business of its members may by a rule or act discriminate against any member of the National Guard or the Reserves of the United States Armed Forces with respect to the member's eligibility for membership in the association or corporation, nor the member's right to retain the member's membership. Whoever aids in enforcing a rule or action against a member of the National Guard or the Reserves of the United States Armed Forces, with intent to discriminate against the member, is guilty of a Class E crime. [PL 2001, c. 662, §37 (AMD).] B. Whoever without good cause discriminates against any uniformed member of the National Guard or the Reserves of the United States Armed Forces with respect to the enjoyment of any public place of amusement, the use of any public conveyance, access to public lodging or the receipt of other services generally available to the public is guilty of a Class E crime. [PL 2001, c. 662, §37 (AMD).] [PL 2001, c. 662, §37 (AMD).]

7. Interference with members in performance of duties. Whoever intentionally molests, abuses or interferes with any member of the National Guard or the Reserves of the United States Armed Forces in the performance of the member's duty is guilty of a Class E crime. [PL 2001, c. 662, §37 (AMD).]

8. Unauthorized use of military insignia. [PL 2001, c. 662, §38 (RP).]
37-B M.R.S. § 792 — ME Code / Title 37-B / Chapter 13 / Section 792
37-B §792. State Emergency Response Commission
Status: in_force

1. Composition and terms. The State Emergency Response Commission, referred to in this subchapter as the "commission," as established by Title 5, section 12004‑G, subsection 13‑A , to implement effective emergency response to releases of hazardous chemicals. The commission is composed of 14 members as follows: A. The Commissioner of Environmental Protection or the commissioner's designee; [PL 2023, c. 62, §1 (AMD).] B. The Commissioner of Health and Human Services or the commissioner's designee; [PL 2023, c. 62, §2 (AMD).] C. The Director of Maine Emergency Medical Services, Department of Public Safety, or the director's designee; [PL 2023, c. 62, §3 (AMD).] D. The Commissioner of Labor or the commissioner's designee; [PL 2023, c. 62, §4 (AMD).] E. The Commissioner of Transportation or the commissioner's designee; [PL 2023, c. 62, §5 (AMD).] F. The Director of the Maine Emergency Management Agency or the director's designee, who serves as chair; [PL 2023, c. 62, §6 (AMD).] G. The Chief of the State Police or the chief's designee; [PL 2023, c. 62, §7 (AMD).] H. A representative, appointed by the Governor, of municipal government; [PL 1989, c. 464, §3 (NEW).] I. A representative, appointed by the Governor, of the Maine Fire Chiefs' Association; [PL 1989, c. 464, §3 (NEW).] J. A representative, appointed by the Governor, of a professional firefighters' union; [PL 1989, c. 464, §3 (NEW).] K. A representative, appointed by the Governor, of private commerce and industry; [PL 1989, c. 464, §3 (NEW).] L. A representative, appointed by the Speaker of the House of Representatives, of volunteer firefighters; [PL 1989, c. 464, §3 (NEW).] M. A representative, appointed by the President of the Senate, of an environmental organization representative of the general public; and [PL 1989, c. 464, §3 (NEW).] N. A representative, appointed by the Speaker of the House of Representatives, of organized labor. [PL 1989, c. 464, §3 (NEW).] The Governor and legislative leadership shall request a list of 3 names from organizations covered under paragraphs H to N from which to make final appointments. All appointed members shall serve for a term of 4 years from the date appointed. Appointed members shall serve the following initial terms: one member for 1 year, 2 members for 2 years, 2 members for 3 years and 2 members for 4 years. Appointed members shall be allowed to serve for 2 consecutive terms. [PL 2023, c. 62, §§1-7 (AMD).]

2. Powers and duties. The general duties of the commission are to oversee the implementation of a comprehensive program of planning and training for effective emergency response to releases of hazardous materials. Specifically, the commission shall: A. Advise the director on rules promulgated under this subchapter; [PL 1989, c. 464, §3 (NEW).] B. Designate emergency planning districts to facilitate implementation of emergency response plans; [PL 1989, c. 464, §3 (NEW).] C. Provide for the necessary appointment of local emergency planning committees; [PL 1989, c. 464, §3 (NEW).] D. Supervise and coordinate local emergency planning committee activities; [PL 1989, c. 464, §3 (NEW).] E. Review emergency response plans developed by the committees; [PL 1989, c. 464, §3 (NEW).] F. Receive chemical spill notifications required pursuant to state law and the provisions of the United States Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499; [PL 1989, c. 464, §3 (NEW).] G. Provide the public with information upon request, consistent with the provisions of state and federal law, on emergency response plans, potential chemical hazards and safety; [PL 1989, c. 464, §3 (NEW).] H. Rule on trade secrets in cooperation with the United States Environmental Protection Agency; [PL 1989, c. 464, §3 (NEW).] I. Monitor, observe, participate in and review certain emergency drills and exercises; [PL 1989, c. 464, §3 (NEW).] J. Review and monitor hazardous materials training programs in the State; [PL 1989, c. 464, §3 (NEW).] K. Conduct joint emergency operations from the State Emergency Operations Center; and [PL 1989, c. 464, §3 (NEW).] L. Undertake any other actions necessary to accomplish the purposes of this subchapter. [PL 1989, c. 464, §3 (NEW).] [PL 1989, c. 464, §3 (NEW).]

3. Voting. All votes require a quorum with at least 8 members present. [PL 1989, c. 464, §3 (NEW).]
37-B M.R.S. § 152 — ME Code / Title 37-B / Chapter 3 / Section 152
37-B §152. Armory Rental Fund; authority to rent armories, readiness centers and other real property
Status: in_force

1. Fund established. The Armory Rental Fund is established in the Military Bureau as a nonlapsing fund to assist in defraying the operation and maintenance expenses of the Military Bureau's state-owned facilities. Funds in the Armory Rental Fund are in addition to appropriations for these purposes made to the Military Fund. [PL 1995, c. 684, §2 (NEW); PL 1995, c. 684, §5 (AFF).]

2. Rental proceeds. Except as provided in section 353‑A , rental proceeds from the rental of armories, readiness centers and other real property under this section must be paid into the State Treasury and credited to the Armory Rental Fund to be used for operation and maintenance expenses at the various state-owned facilities of the Military Bureau and for pay and allowances for members called to active state service under section 181‑A, subsection 5 . Rental proceeds credited to the Armory Rental Fund are in addition to the appropriations made for operation and maintenance expenses included for that purpose in the Military Fund. [PL 2017, c. 108, §3 (AMD).]

3. Waiver of rental fees. The Adjutant General or the Adjutant General's designee may waive rental fees under this section for certain youth and charitable organizations under 32 United States Code, Section 508 or as otherwise designated by the Adjutant General. [PL 2017, c. 108, §3 (NEW).]
37-B M.R.S. § 781 — ME Code / Title 37-B / Chapter 13 / Section 781
37-B §781. Municipal, county and regional agencies
Status: in_force

1. Municipal or interjurisdictional agencies. Each municipality of the State must be served by a municipal or interjurisdictional agency responsible for emergency management. A. [PL 2003, c. 510, Pt. C, §14 (RP).] B. [PL 2003, c. 510, Pt. C, §14 (RP).] C. [PL 2003, c. 510, Pt. C, §14 (RP).] [PL 2003, c. 510, Pt. C, §14 (RPR).]

2. County or regional agencies. Each county shall maintain a county emergency management agency or create regional emergency management agencies that serve the member counties. Each county or regional agency is responsible for coordination of the activities of municipal and interjurisdictional emergency management agencies within the region or county and for emergency management in the unorganized territories within its jurisdiction. A county or regional emergency management agency must receive support from the municipalities within its jurisdiction. [PL 2003, c. 510, Pt. C, §14 (RPR).]

3. Structure of county and regional agencies. The director shall advise upon the organizational structure of county and regional emergency management agencies, including the manner in which the directors of those agencies are appointed by governing bodies of the jurisdictions involved. [PL 2003, c. 510, Pt. C, §14 (RPR).]

4. List of agencies. The agency shall publish and maintain a current list of municipal, interjurisdictional, county and regional emergency management agencies established pursuant to this section. [PL 2003, c. 510, Pt. C, §14 (RPR).]
37-B M.R.S. § 939 — ME Code / Title 37-B / Chapter 16-A / Section 939
37-B §939. Licenses and permits - Article V
Status: in_force

Whenever a person holds a license, certificate or other permit issued by any party jurisdiction to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party jurisdiction, such person is deemed to be licensed, certified or permitted by the party jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting party jurisdiction prescribes by executive order or otherwise. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 150 — ME Code / Title 37-B / Chapter 3 / Section 150
37-B §150. Unauthorized voluntary service without pay prohibited
Status: in_force

A unit of the state military forces may not perform any voluntary active state service without pay, unless authorized by express order of the Governor. [PL 2019, c. 341, §8 (AMD).]

An officer, warrant officer or enlisted person or any retired officer, retired warrant officer or retired enlisted person of the state military forces may not perform any voluntary active state service without pay, unless authorized by express order of the Governor, the Adjutant General or the Deputy Adjutant General. [PL 2019, c. 341, §8 (AMD).]
37-B M.R.S. § 1011 — ME Code / Title 37-B / Chapter 19 / Section 1011
37-B §1011. Closing and restricting use of highway; penalty
Status: in_force

Any individual, partnership, association, corporation, municipal corporation or state or any of its political subdivisions engaged in or preparing to engage in the manufacture, transportation or storage of any product to be used in the preparation of the United States or any of the states for defense or for war, or in the prosecution of war by the United States, or with preparations and plans for emergency management, or with the execution of those preparations and plans under chapter 13 , or in the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any individual, partnership, association, corporation, municipal corporation or state or any of its political subdivisions operating a public utility, who has property so used that the person or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts of a highway or highways upon which the property abuts, may petition the highway commissioners of any city, town or county to close one or more of those highways or parts of a highway or highways to public use and travel or to restrict by order the use and travel upon one or more of the highways or parts of a highway or highways. [PL 2001, c. 614, §29 (AMD).]

Upon receipt of the petition, the highway commissioners shall set a day for a hearing and publish notice of the hearing in a newspaper having general circulation in the city, town or county in which the property is located. The notice must be published at least 7 days prior to the date set for the hearing. If, after the hearing, the highway commissioners determine that the public safety and the safety of the property of the petitioner require, they shall, by suitable order, close to public use and travel, or reasonably restrict the use of and travel upon one or more of those highways or parts of one or more of those highways. The highway commissioners may issue written permits for travel over the closed or restricted highways to responsible and reputable persons for such term, under such conditions and in such form as they may prescribe. Appropriate notices in letters at least 3 inches high must be posted conspicuously at each end of any highway closed or restricted by the order. The highway commissioners may at any time revoke or modify the order. [PL 2001, c. 614, §29 (AMD).]

Whoever violates any order made under this section is guilty of a Class E crime. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 414 — ME Code / Title 37-B / Chapter 5 / Section 414
37-B §414. Application of the United States Manual for Courts-Martial
Status: in_force

Insofar as it is not inconsistent with this Code, the United States Manual for Courts-Martial, as established by executive order of the President of the United States and as revised from time to time, applies to proceedings pursuant to this chapter. [PL 2001, c. 662, §46 (AMD).]
37-B M.R.S. § 421 — ME Code / Title 37-B / Chapter 5 / Section 421
37-B §421. Military judge
Status: in_force

1. Appointment. The authority convening a court-martial shall designate a military judge to preside over each case. [PL 1983, c. 460, §3 (NEW).]

2. Qualifications. A military judge shall: A. Possess the following military qualifications: (1) Be a commissioned officer of the state military forces; (2) Be a commissioned officer of the United States Armed Forces; or (3) Be a retired officer of the United States Armed Forces; and [PL 1983, c. 460, §3 (NEW).] B. Possess the following other qualifications: (1) Be a member of the bar of the Supreme Judicial Court; and (2) Be certified as being qualified to serve as military judge by the state judge advocate. [PL 1983, c. 460, §3 (NEW).] [PL 1983, c. 460, §3 (NEW).]

3. Accuser or witness ineligible. No person is eligible to act as military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigation officer or a counsel in the same case. [RR 2019, c. 1, Pt. B, §29 (COR).]

4. Duties. A commissioned officer who is certified to be qualified for duty as a military judge of a court-martial may perform those duties only when the commissioned officer is assigned and directly responsible to the Adjutant General. The commissioned officer may perform duties of a judicial or nonjudicial nature other than those relating to the commissioned officer's duty as a military judge of a court-martial when those duties are assigned to the commissioned officer by or with the approval of the state judge advocate. The military judge of a court-martial may not consult with the members of the court, except in the presence of the accused, trial counsel and defense counsel, nor may the military judge vote with the members of the court. [RR 2019, c. 1, Pt. B, §30 (COR).]
37-B M.R.S. § 461 — ME Code / Title 37-B / Chapter 5 / Section 461
37-B §461. Sexual assault
Status: in_force

1. Prohibition; sexual assault. Any person subject to this Code who commits an offense prohibited under Title 17‑A, chapter 11 is guilty of that offense under this Code. [PL 2013, c. 251, §6 (NEW).]

2. Punishment. Any person found guilty of an offense prohibited under Title 17‑A, chapter 11 must be punished as a court-martial may direct. [PL 2013, c. 251, §6 (NEW).]
37-B M.R.S. § 791 — ME Code / Title 37-B / Chapter 13 / Section 791
37-B §791. General provisions
Status: in_force

1. Purpose. This subchapter is intended to be consistent with and facilitate implementation of the provisions of the United States Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499. [PL 1989, c. 464, §3 (NEW).]

2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "CERCLA hazardous substance" means a substance on the list defined in the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, Section 101(14), as amended. [RR 2021, c. 1, Pt. A, §49 (COR).] B. "Extremely hazardous substance" shall have the meaning set forth in the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Section 302, and listed in 40 Code of Federal Regulations, Part 355. [PL 1989, c. 464, §3 (NEW).] B-1. "Facility" means all buildings, equipment, structures, rail makeup, holding or storage tracks, spurs or yards, truck parking areas, airports, loading docks and other stationary items that are located on a single site or on contiguous or adjacent sites and are owned or operated by the same person or by another person who controls, is controlled by, or is under common control with that person. "Facility" includes sites where motor vehicles, watercraft, rolling stock and aircraft are present for more than 12 hours. [PL 1989, c. 638, §1 (NEW).] C. "Hazardous chemical" means all hazardous chemicals as defined under 40 Code of Federal Regulations, Part 355.20. [PL 1989, c. 464, §3 (NEW).] D. "Hazardous material" means all chemicals and chemical categories defined as extremely hazardous substances and hazardous chemicals in 40 Code of Federal Regulations, Part 355.20 and toxic chemicals in 40 Code of Federal Regulations, Part 372.3. [PL 1989, c. 464, §3 (NEW).] E. "Reportable quantity" means for any CERCLA hazardous substance or extremely hazardous substance, the reportable quantity established in 40 Code of Federal Regulations, Part 302, Table 302.4 or in 40 Code of Federal Regulations, Part 355, Appendixes A and B, for such substance. [PL 1989, c. 464, §3 (NEW).] F. "Threshold planning quantity" shall have the meaning set forth in the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Section 302, and listed in 40 Code of Federal Regulations, Parts 355, 370 and 372. [PL 1989, c. 464, §3 (NEW).] [RR 2021, c. 1, Pt. A, §49 (COR).]
37-B M.R.S. § 353-A — ME Code / Title 37-B / Chapter 3 / Section 353-A
37-B §353-A. Maine National Guard Postsecondary Fund
Status: in_force

The Maine National Guard Postsecondary Fund, referred to in this section as "the fund," is established in the Military Bureau as a nonlapsing account in the General Fund to provide tuition benefits for eligible Maine National Guard members to state postsecondary education institutions. Deposits to the fund may come from sources including but not limited to: the Armory Rental Fund established in section 152 ; the Capital Repair, Maintenance, Construction and Acquisition Account established in section 154 ; the reimbursement fund established in section 155 ; revenue generated from the Maine Military Authority; and rental income fees under Title 5, section 1742, subsection 26, paragraph B . The Adjutant General is responsible for oversight and allocation of these funds in accordance with this subchapter. The Adjutant General shall provide a report to the Commissioner of Education on the first day of January each calendar year accounting for the use of all funds in the fund. [PL 2015, c. 465, Pt. D, §6 (NEW).]
37-B M.R.S. § 1009 — ME Code / Title 37-B / Chapter 19 / Section 1009
37-B §1009. Unlawful entry on property
Status: in_force

Any individual, partnership, association, corporation, municipal corporation or state or any of its political subdivisions engaged in, or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war, or in the prosecution of war by the United States, or with preparations and plans for emergency management, or with the execution of these preparations and plans under chapter 13 , or the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any individual, partnership, association, corporation, municipal corporation or state or any of its political subdivisions operating a public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post around that property at each gate, entrance, dock or railway entrance and every 100 feet of waterfront a sign reading "No Entry Without Permission." Any person who intentionally enters upon premises posted in that manner without the permission of the owner is guilty of a Class E crime. [PL 2001, c. 614, §28 (AMD).]
37-B M.R.S. § 741 — ME Code / Title 37-B / Chapter 13 / Section 741
37-B §741. Governor's powers
Status: in_force

1. Control during emergencies. In the event of disaster beyond local control, the Governor may assume direct operational control over all or any part of the emergency management and public safety functions within the State. [PL 2003, c. 510, Pt. A, §34 (RPR).]

2. Cooperation. In performing the duties required by this chapter, the Governor shall, directly or through the commissioner, cooperate with all departments and agencies of the Federal Government, with the offices and agencies of other states and foreign countries and their political subdivisions and with private agencies in all matters pertaining to the emergency management capability of the State and of the Nation. [PL 2003, c. 510, Pt. A, §34 (RPR).]

3. Authority. In performing the duties required by this chapter, the Governor may: A. Make, amend and rescind the necessary orders and rules to carry out this chapter within the limits of the authority conferred upon the Governor and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency management or homeland security functions; [PL 2013, c. 146, §9 (AMD).] B. Prepare a comprehensive plan and program for the emergency management functions of this State. That plan and program must be integrated into and coordinated with the emergency management plans of federal agencies and with the plans of other states and foreign countries, and their political subdivisions, to the fullest possible extent; [PL 2003, c. 510, Pt. A, §34 (RPR).] C. Coordinate the preparation of plans and programs for emergency management functions by the political subdivisions of the State. These plans must be integrated into and coordinated with the emergency management plan and program of the State to the fullest possible extent; [PL 2003, c. 510, Pt. A, §34 (RPR).] D. In accordance with the plan and program for the emergency management functions of the State, and consistent with the emergency management and homeland security plans, programs and directives of the Federal Government, procure supplies and equipment, institute training programs and public information programs and take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster or catastrophe, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need; [PL 2013, c. 146, §10 (AMD).] E. Conduct studies and surveys and take inventories of the industries, resources and facilities of the State necessary to ascertain the State's emergency management capabilities, and plan for their most efficient emergency use, including emergency economic controls to ensure adequate production and equitable distribution of essential commodities; [PL 2003, c. 510, Pt. A, §34 (RPR).] F. Whenever a shortage of critical material supplies appears imminent in the State, establish emergency reserves of those products necessary to ensure the health, welfare and safety of the people of the State. To establish those reserves, the Governor may purchase quantities of those materials for resale on a cost plus expenses basis for priority end users within the State; [PL 2003, c. 510, Pt. A, §34 (RPR).] G. On behalf of the State, enter into mutual aid arrangements with other states and foreign countries, and their political subdivisions, and coordinate mutual aid plans between political subdivisions of the State. If an arrangement is entered into with a jurisdiction that has enacted the Emergency Management Assistance Compact, chapter 16, or the International Emergency Management Assistance Compact, chapter 16‑A , any resulting agreement or agreements may be considered supplemental agreements pursuant to those compacts. If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate have not enacted one of those compacts, the Governor may negotiate special agreements with the jurisdiction or jurisdictions. Any agreement, if sufficient authority for its making does not otherwise exist, becomes effective only after approval by the Legislature; [PL 2013, c. 146, §11 (AMD).] G-1. Establish and ensure maintenance of a primary facility designated as the State Emergency Operations Center from which the emergency coordination of response to and recovery from a disaster may be effectively carried out and ensure the identification of an alternate site that may be used for this purpose if necessary; and [PL 2013, c. 146, §12 (NEW).] H. Delegate any authority vested in the Governor under this chapter and provide for the subdelegation of that authority. [PL 2003, c. 510, Pt. A, §34 (RPR).] [PL 2013, c. 146, §§9-12 (AMD).]
37-B M.R.S. § 390 — ME Code / Title 37-B / Chapter 3 / Section 390
37-B §390. Deferred motor vehicle insurance coverage
Status: in_force

1. Applicability. This section applies whenever any member of the National Guard or the Reserves of the United States Armed Forces is ordered to military duty in response to federal or state orders for 30 or more consecutive days. [PL 2001, c. 662, §40 (NEW).]

2. Deferral of coverage. A member of the military forces as described in subsection 1 may defer without cost or penalty motor vehicle insurance coverage during the period of military duty on one or more vehicles owned by the member, either individually or jointly with another person, as long as the member certifies to the insurer that the vehicle will not be operated during the member's absence on military duty and, if a motor vehicle serves as collateral for a loan, the member must continue to insure it against the risks of property damage and theft as required by the lender. [PL 2001, c. 662, §40 (NEW).]

3. Refund or crediting of prepaid premiums. The insurer shall, at the election of the member, refund premiums paid for coverage during the period of deferral or credit those premiums to coverage in effect after the end of the deferral period. [PL 2001, c. 662, §40 (NEW).]

4. Reinstatement of deferred coverage. Upon the member's release or discharge from military duty, the insurer shall, upon notice, reinstate the member's coverage at the rates in effect on the date of reinstatement. [PL 2001, c. 662, §40 (NEW).]
37-B M.R.S. § 11 — ME Code / Title 37-B / Chapter 1 / Section 11
37-B §11. Information of dependents
Status: in_force

1. Confidentiality; exceptions. Any personally identifying information obtained by the State under this Title concerning a dependent of a member of the United States Armed Forces or state military forces who is deployed out of state is confidential and may not be disclosed except: A. By written consent of the subject of the information or, if the subject of the information is less than 18 years of age, a parent or guardian of the subject; [PL 2015, c. 295, §2 (NEW).] B. By court order; [PL 2015, c. 295, §2 (NEW).] C. For criminal justice purposes; or [PL 2015, c. 295, §2 (NEW).] D. For official purposes of the department or the United States Department of Veterans Affairs. [PL 2015, c. 295, §2 (NEW).] [PL 2015, c. 295, §2 (NEW).]

2. Dependent. For the purposes of this section, "dependent" has the same meaning as in 10 United States Code, Section 1072. [PL 2015, c. 295, §2 (NEW).]
37-B M.R.S. § 453 — ME Code / Title 37-B / Chapter 5 / Section 453
37-B §453. False testimony
Status: in_force

Any person subject to this Code who in a judicial proceeding or in a court of justice willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 181-A — ME Code / Title 37-B / Chapter 3 / Section 181-A
37-B §181-A. Authority to activate
Status: in_force

1. By order of the Governor. The Governor may order members of the state military forces to active state service in the case of, or imminent danger of, insurrection, invasion, tumult, riot, conspiracy to commit a felony or threat of violence to persons or property or upon the reasonable apprehension thereof; or for the safety of the inhabitants of this State; or, in the case of actual or imminent public disaster, to the aid of any civil authority. [PL 1995, c. 600, §2 (NEW).]

2. By order of a justice or sheriff. In case of, or in the event of imminent danger of, insurrection, invasion, tumult, riot or conspiracy to commit a felony, to offer violence to persons or property or by force to break the laws of this State or the United States, a Justice of the Supreme Judicial Court or a Justice of the Superior Court or a county sheriff may request in writing aid from a commanding officer in the state military forces. The commanding officer to whom the request is made shall order out, in aid of the civil authorities, all or part of the military forces under that commanding officer's command and shall immediately report to the Adjutant General and to that commanding officer's military superior for further instructions. The commanding officer may receive only general directions from the civil authority requesting the aid and remains strictly responsible to the commanding officer's military superior for the manner in which the troops are used to accomplish the desired end. [PL 1995, c. 600, §2 (NEW).]

3. Upon request of local officials. In the event of an emergency requiring immediate action, the commanding officer, upon written request of the mayor of a city, the municipal officers of a town or a municipality, may order out, for the defense or protection of the community, the forces under the commanding officer's command or any part of those forces. The commanding officer shall immediately report to the Adjutant General and to the commanding officer's immediate commanding officer for further instructions. [PL 1995, c. 600, §2 (NEW).]

4. Drug enforcement duties. The Governor may order Maine National Guard members to active state service to support federal drug enforcement operations under the National Defense Authorization Act of 1989. The Maine National Guard may receive forfeited money and assets seized through federal counter-drug activities in which members of the Maine National Guard participated. The Maine National Guard must use money or assets acquired pursuant to this subsection in support of counter-drug activities. For purposes of this subsection, "counter-drug activities" means activities that are intended to reduce the supply or use of illegal drugs in the State. [PL 2015, c. 120, §1 (AMD).]

5. Military duty by consent. The Governor, Adjutant General or Deputy Adjutant General may call a member or retired member of the Maine National Guard, with that member's consent, to perform active state service of any nature. [PL 2019, c. 341, §9 (AMD).]
37-B M.R.S. § 452 — ME Code / Title 37-B / Chapter 5 / Section 452
37-B §452. Feigning illness to avoid duty
Status: in_force

Any person subject to this Code who for the purpose of avoiding work, duty or service feigns illness, physical disablement, mental lapse or derangement or intentionally inflicts self-injury shall be punished as a court-martial may direct. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 745 — ME Code / Title 37-B / Chapter 13 / Section 745
37-B §745. Disaster Recovery Fund
Status: in_force

1. Fund established. There is established the Disaster Recovery Fund, referred to in this section as "the fund," to be administered by the agency. [PL 2013, c. 146, §13 (AMD).]

2. Sources of fund. The following must be paid into the fund: A. All money appropriated for inclusion in the fund; [PL 2005, c. 439, §1 (NEW).] B. All interest from investment of the fund; [PL 2009, c. 252, §2 (AMD).] C. Any other money deposited in the fund from the Department of Defense, Veterans and Emergency Management, Disaster Assistance Relief, Other Special Revenue Funds account; and [PL 2009, c. 252, §2 (AMD).] D. Reimbursement received from the Federal Government or other legal entity for disaster recovery assistance expenditures made from the fund. [PL 2013, c. 146, §13 (AMD).] [PL 2013, c. 146, §13 (AMD).]

3. Use of fund. The fund must be the first resource used when section 742 or 744 is invoked. The fund may be used for any of the following at the discretion of the Governor or Governor's designee: A. To provide disaster recovery assistance to individuals and families when a federal disaster declaration is not received; [PL 2013, c. 146, §13 (AMD).] B. To provide disaster recovery assistance to local governmental units of the State for infrastructure repair and response when a federal disaster declaration is not received; [PL 2013, c. 146, §13 (AMD).] C. Emergency response costs for state agencies; [PL 2009, c. 252, §3 (NEW).] D. To provide low-interest loans to businesses for disaster recovery assistance when a federal disaster declaration is not received; [PL 2013, c. 146, §13 (AMD).] E. Disaster-related unmet needs of individuals and families following a federally declared disaster; [PL 2009, c. 252, §3 (NEW).] F. Matching funds for assistance to individuals in a federally declared disaster; and [PL 2009, c. 252, §3 (NEW).] G. Matching funds for assistance to state and local governmental units in a federally declared disaster. [PL 2009, c. 252, §3 (NEW).] [PL 2013, c. 146, §13 (AMD).]

4. Fund balance. The fund's balance may not exceed $15,000,000, except by order of the Governor. In the absence of such an order, any amount, including interest, that accrues in excess of $15,000,000 must be transferred by the State Controller to the Maine Budget Stabilization Fund, established in Title 5, section 1532. [PL 2023, c. 643, Pt. Q, §1 (AMD).]

5. Annual report. The director shall submit a written report by January 15, 2007 and annually thereafter to the Governor and the Legislature on the fund's balance and expenditures. [PL 2005, c. 634, §13 (NEW).]

6. Rules. The agency shall adopt rules governing the process for the expenditure of funds from the fund. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 462, §5 (NEW).]
37-B M.R.S. § 949-E — ME Code / Title 37-B / Chapter 16-B / Section 949-E
37-B §949-E. Recognition of volunteer health practitioners licensed in other states
Status: in_force

1. Authority to practice during emergency. While an emergency declaration is in effect, a volunteer health practitioner registered with a registration system that complies with section 949-D and licensed and in good standing in the state upon which the practitioner's registration is based may practice in this State to the extent authorized by this chapter as if the practitioner were licensed in this State. [PL 2017, c. 396, §5 (NEW).]

2. Disqualification based on professional discipline. A volunteer health practitioner qualified under subsection 1 is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked or subject to an agency order limiting or restricting practice privileges or has been voluntarily terminated under threat of sanction. [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 830 — ME Code / Title 37-B / Chapter 13 / Section 830
37-B §830. Violations
Status: in_force

Every officer of a political subdivision of the State with administrative responsibilities under this chapter who intentionally violates any of the provisions of this chapter commits a civil violation for which a forfeiture of $20 may be adjudged. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 395 — ME Code / Title 37-B / Chapter 3 / Section 395
37-B §395. Books and records
Status: in_force

The Adjutant General shall ensure the accurate and timely maintenance of books, records, accounts and other evidences of the financial transactions of all the authority's activities in accordance with accounting standards established by a governmental accounting standards board and the State Controller. Books and records must be open to inspection and audit by the Maine National Guard, the State Auditor and the Federal Government audit in conjunction with federal contracts, agreements, grants or cooperative agreements but are otherwise confidential and not subject to Title 1, chapter 13, subchapter 1 . The State Auditor shall periodically conduct an audit of the financial records of the authority and report the results of the audit to the Adjutant General, the State Controller, the Governor and the Legislature. The Adjutant General may maintain the required books, records, accounts and other evidences of the financial transactions of all of the authority's activities or enter into service agreements or contracts with departments and agencies of State Government for that purpose. [PL 2003, c. 646, §10 (AMD).]
37-B M.R.S. § 949-G — ME Code / Title 37-B / Chapter 16-B / Section 949-G
37-B §949-G. Provision of volunteer health services or veterinary services; licensee discipline
Status: in_force

1. Applicability of Maine scope of practice laws. Subject to subsections 2 and 3 , a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts or other laws of this State. [PL 2017, c. 396, §5 (NEW).]

2. Applicability of scope of practice laws of state where practitioner is licensed. Except as otherwise provided in subsection 3 , this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this State would be permitted to provide the services. [PL 2017, c. 396, §5 (NEW).]

3. Order modifying or limiting services. The Governor or the Governor's designee may issue an order that modifies or restricts the health services or veterinary services that volunteer health practitioners may provide pursuant to this chapter. Notwithstanding the Maine Administrative Procedure Act, an order issued pursuant to this subsection may take effect immediately, without notice or comment, and is legally enforceable. [PL 2017, c. 396, §5 (NEW).]

4. Additional restrictions imposed by host entity. A host entity may restrict the health services or veterinary services that a volunteer health practitioner may provide pursuant to this chapter. [PL 2017, c. 396, §5 (NEW).]

5. Unauthorized practice. A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification or restriction under this section or that a similarly licensed practitioner in this State would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification or restriction or that a similarly licensed practitioner in this State would not be permitted to provide a service if: A. The practitioner knows the limitation, modification or restriction exists or that a similarly licensed practitioner in this State would not be permitted to provide the service; or [PL 2017, c. 396, §5 (NEW).] B. From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification or restriction exists or that a similarly licensed practitioner in this State would not be permitted to provide the service. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

6. Volunteer health practitioner discipline. In addition to the authority granted by law of this State other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this State: A. May discipline a health practitioner licensed in this State for conduct outside of this State in response to an out-of-state emergency; [PL 2017, c. 396, §5 (NEW).] B. May discipline a health practitioner not licensed in this State for conduct in this State in response to an in-state emergency; and [PL 2017, c. 396, §5 (NEW).] C. Shall report any discipline imposed upon a health practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

7. Factors to be considered by disciplinary authority. In determining whether to impose discipline pursuant to subsection 6 , a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the health practitioner's scope of practice, education, training, experience and specialized skill. [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 107 — ME Code / Title 37-B / Chapter 3 / Section 107
37-B §107. Qualifications for appointment of Adjutant General and assistant adjutant general
Status: in_force

A person appointed Adjutant General or assistant adjutant general must have attained the federally recognized rank of Colonel in the Maine National Guard and meet the criteria for federal recognition as a General Officer for either the United States Army National Guard or the United States Air National Guard as prescribed by federal service regulations. [PL 2011, c. 112, §2 (AMD).]

1. Hold commission. [PL 1999, c. 291, §1 (RP).]

2. Service. [PL 1999, c. 291, §1 (RP).]

3. Meet federal criteria for recognition. [PL 1999, c. 291, §1 (RP).]
37-B M.R.S. § 108 — ME Code / Title 37-B / Chapter 3 / Section 108
37-B §108. Designation of Deputy Adjutant General
Status: in_force

Any federally recognized general officer currently serving in the Maine National Guard may be appointed as Deputy Adjutant General. The Deputy Adjutant General has all the military related powers, responsibilities and duties of the Adjutant General if the Adjutant General is unable to act, or in case of a vacancy in the office of the Adjutant General until the vacancy is filled by the Governor, as provided by law. The Deputy Adjutant General may also perform other military duties of the Adjutant General as assigned by the Adjutant General or the Governor. [PL 2019, c. 341, §3 (AMD).]
37-B M.R.S. § 112 — ME Code / Title 37-B / Chapter 3 / Section 112
37-B §112. Joint Force Headquarters
Status: in_force

The Adjutant General shall organize a staff to be called the Joint Force Headquarters. It shall command, control and supervise Army and Air National Guard units employed in support of civil authorities in the protection of life, property and preservation of peace, order and public safety under competent orders of state authorities. In the event of mobilization of some or all Army and Air National Guard units by the President of the United States, it shall assist the State in organizing and training a militia, if required, perform command and control functions in support of civil authorities, as directed, and prepare to reconstitute the Army National Guard and Air National Guard when units are relieved from federal service. [PL 2019, c. 341, §4 (AMD).]
37-B M.R.S. § 389-A — ME Code / Title 37-B / Chapter 3 / Section 389-A
37-B §389-A. Service members' civil relief
Status: in_force

1. Short title. This section may be known and cited as "the Maine Servicemembers' Civil Relief Act." [PL 2005, c. 353, §6 (NEW).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Court" means any administrative agency, civil court or venue of a proceeding involving a case management officer. [PL 2005, c. 353, §6 (NEW).] B. "Service member" means a member of the uniformed services as that term is defined in 10 United States Code, Section 101(a)(5) or a member of the state military forces as that term is described in section 102 , on active state service as that term is defined in section 101‑A . [PL 2005, c. 353, §6 (NEW).] [PL 2005, c. 353, §6 (NEW).]

3. Stay of proceeding. Any action or proceeding in any court in which a service member is involved, either as plaintiff, defendant or attorney, if the plaintiff, defendant or attorney is a member of the National Guard or the Reserves of the United States Armed Forces, during the period of any military service or within 60 days after any military service, at the discretion of the court, or by the member's own motion or motion of the court, may be stayed at any stage of the proceeding unless, in the opinion of the court, the ability of the plaintiff to prosecute the action, the defendant to conduct the defendant's defense or the attorney to represent either party is not materially affected by reason of the member's military service, except that an action or proceeding involving a child may not be stayed unless the stay is in the best interest of the child. [PL 2005, c. 353, §6 (NEW).]

4. Appearance. An application for a stay of a court or administrative proceeding pursuant to the Servicemembers' Civil Relief Act of 2003, 50 United States Code App. Sections 501 to 596, or this section does not constitute an appearance for any purpose. [PL 2005, c. 353, §6 (NEW).]

5. Electronic means; testimony and evidence. Upon motion of a service member who is a party in a civil case, the court shall allow the service member to present testimony and evidence by electronic means when the military duties of the service member have a material effect on the service member's ability to appear in person at a regularly scheduled hearing, unless good cause is shown. For purposes of this subsection, "electronic means" includes, but is not limited to, telephone, video teleconference and the Internet. [PL 2005, c. 353, §6 (NEW).]

6. Expedited hearing. Upon motion of a service member who is a party in a civil case, the court shall hold an expedited hearing when the military duties of the service member have a material effect on the service member's ability to appear in person at a regularly scheduled hearing, unless good cause is shown. [PL 2005, c. 353, §6 (NEW).]

7. Transfer of parent-child contact rights. Upon motion of a service member, or upon the court's own motion, in a case involving parent-child contact, the court shall allow the service member to temporarily transfer the service member's contact rights to a relative, by blood or marriage, who has a significant connection with the child or children when the military duties of the service member have a material effect on the ability of the service member to exercise those rights, unless the transfer is not in the best interest of the child. [PL 2005, c. 353, §6 (NEW).]
37-B M.R.S. § 390-B — ME Code / Title 37-B / Chapter 3 / Section 390-B
37-B §390-B. Reimbursement for purchase of supplemental life insurance
Status: in_force

A member of the National Guard or the Reserves of the United States Armed Forces assigned to a unit located in the State who serves in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom during any month in the 2006 calendar year is eligible to receive reimbursement for the cost of the monthly premium for supplemental life insurance offered by the Federal Government from the Commissioner of Defense, Veterans and Emergency Management in an amount up to $16.25 per month for each month in 2006 that member serves in either theater of operations and for which that member purchases supplemental insurance. [PL 2005, c. 519, Pt. W, §2 (NEW).]
37-B M.R.S. § 827 — ME Code / Title 37-B / Chapter 13 / Section 827
37-B §827. Aid in emergency; penalty
Status: in_force

Upon the issuance of a proclamation as provided in section 742 , the Governor may utilize any available property and enlist the aid of any person to assist in the effort to control, put out or end the disaster, catastrophe or emergency or aid in the caring for the safety of persons. Any person who refuses to render the aid requested without reasonable cause is guilty of a Class E crime. The State is liable for damage to any property utilized under this chapter. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 1007 — ME Code / Title 37-B / Chapter 19 / Section 1007
37-B §1007. Conspirators
Status: in_force

If 2 or more persons conspire to commit any crime defined by this chapter, each of those persons is guilty of conspiracy, which is a crime of the same class as the crime that those persons conspired to commit, whether or not any act was done in furtherance of the conspiracy. It does not constitute a defense or a ground of suspension of judgement, sentence or punishment on behalf of a person prosecuted under this section that any of the person's fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice or has been pardoned or otherwise discharged before or after conviction. [RR 2019, c. 1, Pt. B, §53 (COR).]
37-B M.R.S. § 702 — ME Code / Title 37-B / Chapter 13 / Section 702
37-B §702. Policy
Status: in_force

It is declared to be the policy of the State that all emergency management and homeland security functions be coordinated to the maximum extent with the comparable functions of the Federal Government, including its various departments and agencies, of other states and localities, and of private agencies so that the most effective preparation and use may be made of the nation's workforce, resources and facilities for dealing with any disaster that may occur. [PL 2013, c. 146, §4 (AMD).]
37-B M.R.S. § 1006 — ME Code / Title 37-B / Chapter 19 / Section 1006
37-B §1006. Intentional defects
Status: in_force

Whoever intentionally makes or causes to be made or omits to note on inspection any defect in any article or thing with reasonable grounds to believe that the article or thing is intended to be used in connection with the preparation of the United States or any of the states for defense or for war, or for the prosecution of war by the United States, or with preparations and plans for emergency management, or with the execution of those preparations and plans under chapter 13 , or that the article or thing is one of a number of similar articles or things, some of which are intended so to be used, commits a Class B crime. [PL 2001, c. 614, §27 (AMD).]
37-B M.R.S. § 824 — ME Code / Title 37-B / Chapter 13 / Section 824
37-B §824. Appropriations
Status: in_force

1. General Fund. The Governor may whenever an emergency has been declared, as provided in section 742 , transfer to the agency money from the General Fund of the State, including unexpended appropriation balances of any state department or agency, allotted or otherwise. The Governor may expend that money for the purpose of carrying out this chapter. [PL 1987, c. 769, Pt. A, §164 (AMD).]

2. For local emergency management expenses. Each political subdivision may make appropriations for the payment of expenses of its local organization for emergency management in the same manner as for its other ordinary expenses. In making those appropriations, the political subdivision shall specify the amounts and purposes for which the money appropriated may be used by the local organizations. [PL 2001, c. 614, §23 (AMD); PL 2001, c. 662, §91 (AMD).]
37-B M.R.S. § 799 — ME Code / Title 37-B / Chapter 13 / Section 799
37-B §799. Toxic chemical release reports
Status: in_force

Under this section, the owner or operator of every facility with 10 or more employees and within Standard Industrial Classification Codes 20-39 must file toxic chemical release reports for routine releases with the United States Environmental Protection Agency, the Department of Environmental Protection, the commission and the local emergency planning committee by October 1, 1989 and annually thereafter consistent with the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Section 313, and 40 Code of Federal Regulations, Part 372. Those reports must be made available to the public by the commission and the local emergency planning committee. [PL 2009, c. 579, Pt. B, §4 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
37-B M.R.S. § 419 — ME Code / Title 37-B / Chapter 5 / Section 419
37-B §419. Convening a court-martial
Status: in_force

The convening authority of a court-martial under this Code shall be the Governor or the Adjutant General. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 515 — ME Code / Title 37-B / Chapter 7 / Section 515
37-B §515. Adjutant General as next of kin
Status: in_force

If the Adjutant General is next of kin to a veteran under Title 22, section 2843‑A , the Adjutant General shall ensure that the veteran receives all benefits to which the veteran is entitled, including a grave marker or other death benefit from the United States Department of Veterans Affairs. [PL 2015, c. 208, §3 (NEW).]
37-B M.R.S. § 1123 — ME Code / Title 37-B / Chapter 24 / Section 1123
37-B §1123. Rights of owner
Status: in_force

This chapter may not be construed to deprive any owner of recourse to the court in which that owner may be entitled to relief under the laws of this State. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 949-D — ME Code / Title 37-B / Chapter 16-B / Section 949-D
37-B §949-D. Volunteer health practitioner registration systems
Status: in_force

1. Registration system requirements. To qualify as a volunteer health practitioner registration system, a system must: A. Accept applications for the registration of volunteer health practitioners before or during an emergency; [PL 2017, c. 396, §5 (NEW).] B. Include information about the licensure and good standing of health practitioners that is accessible by authorized persons; [PL 2017, c. 396, §5 (NEW).] C. Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and [PL 2017, c. 396, §5 (NEW).] D. Meet one of the following conditions: (1) Be an emergency system for advance registration of volunteer health care professionals established by a state and funded through the federal Department of Health and Human Services under Section 319I of the federal Public Health Service Act, 42 United States Code, Section 247d-7b (2017); (2) Be a local unit consisting of trained and equipped emergency response, public health and medical personnel formed pursuant to Section 2801 of the federal Public Health Service Act, 42 United States Code, Section 300hh (2017); (3) Be operated by a: (a) Disaster relief organization; (b) Licensing board; (c) National or regional association of licensing boards or health practitioners; (d) Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care hospital; or (e) Governmental entity; or (4) Be designated by the Department of Health and Human Services, in coordination with the Maine Emergency Management Agency, as a registration system for the purposes of this chapter. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

2. Confirmation of registration. While an emergency declaration is in effect, the Department of Health and Human Services or the Maine Emergency Management Agency, a person authorized to act on behalf of the Department of Health and Human Services or the Maine Emergency Management Agency or a host entity may confirm whether volunteer health practitioners utilized in this State are registered with a registration system that complies with subsection 1 . Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing. [PL 2017, c. 396, §5 (NEW).]

3. Notification by registration system. Upon request of a person in this State authorized under subsection 2 , or a similarly authorized person in another state, a registration system located in this State shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing. [PL 2017, c. 396, §5 (NEW).]

4. Host entity discretion in selecting volunteers. A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing. [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 936 — ME Code / Title 37-B / Chapter 16-A / Section 936
37-B §936. General implementation - Article II
Status: in_force

Each party jurisdiction entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each party jurisdiction further recognizes that there will be emergencies that require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few, if any, individual party jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. [PL 1999, c. 696, §1 (NEW).]

The prompt, full and effective utilization of resources of the participating party jurisdictions, including any resources on hand or available from any other source that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party jurisdiction, must be the underlying principle on which all articles of this compact are understood. [PL 1999, c. 696, §1 (NEW).]

On behalf of the governor of each state or premier of each province participating in the compact, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate interjurisdictional mutual aid plans and procedures necessary to implement this compact. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 784 — ME Code / Title 37-B / Chapter 13 / Section 784
37-B §784. Mutual aid arrangements
Status: in_force

The director of each local organization for emergency management shall, in collaboration with other public and private agencies within the State, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of a disaster too great to be dealt with unassisted. These arrangements must be consistent with the state emergency management program, and in time of emergency each local organization for emergency management shall render assistance in accordance with the mutual aid arrangements. For this purpose, political subdivisions are authorized when geographical locations make mutual aid arrangements desirable to enter into mutual aid arrangements subject to the approval of the director. [PL 2003, c. 510, Pt. A, §37 (RPR).]
37-B M.R.S. § 401 — ME Code / Title 37-B / Chapter 5 / Section 401
37-B §401. Title
Status: in_force

This chapter may be cited as the "Maine Code of Military Justice." [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 602 — ME Code / Title 37-B / Chapter 11 / Section 602
37-B §602. Body corporate; powers
Status: in_force

The Maine Veterans' Homes is a body corporate. In addition to other powers granted by this chapter, the Maine Veterans' Homes may: [PL 2015, c. 397, §5 (AMD).]

1. Contracts. Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter; [PL 1983, c. 460, §3 (NEW).]

2. Acquire property. Acquire, in the name of the homes, real or personal property or any interest therein, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise; [PL 2015, c. 397, §6 (AMD).]

3. Hold or dispose of property. Hold, sell, assign, lease, rent, encumber, mortgage or otherwise dispose of any real or personal property, or any interest therein, or mortgage interest owned by it or in its control, custody or possession and release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, including threat of foreclosure; [PL 1983, c. 460, §3 (NEW).]

4. Procure insurance. Procure insurance against any loss in connection with its property and other assets in amounts and from insurers which it deems desirable; [PL 1983, c. 460, §3 (NEW).]

5. Receive bequests and donations. Receive, on behalf of the State, bequests and donations that may be made to improve the general comfort and welfare of the members of the homes or for the betterment of the homes; [PL 2015, c. 397, §7 (AMD).]

6. Borrow funds. Borrow funds, not in excess of $50,000,000 in the aggregate, make and issue bonds and negotiate notes and other evidences of indebtedness or obligations of the veterans' homes for prudent and reasonable capital, operational and maintenance purposes. The homes may secure payments of all or part of the obligations by pledge of part of the revenues or assets of the homes that are available for pledge and that may be lawfully pledged or by mortgage of part, or all, of any property owned by the homes. The homes may do all lawful things necessary and incidental to those powers. The homes may borrow money from the Federal Government and its agencies, from state agencies and from any other source. The homes may borrow money from the State subject to approval by the Treasurer of State and the Governor. Bonds, notes and other evidences of indebtedness issued under this subsection do not constitute debts of the State, nor a pledge of the credit of the State, but are payable solely from the funds of the homes; and [PL 2015, c. 397, §8 (AMD).]

7. Other acts. Do other acts necessary or convenient to exercise the powers granted or reasonably implied in this section. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 949-K — ME Code / Title 37-B / Chapter 16-B / Section 949-K
37-B §949-K. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 516 — ME Code / Title 37-B / Chapter 7 / Section 516
37-B §516. Hunting Opportunities for Disabled Veterans Fund
Status: in_force

The Hunting Opportunities for Disabled Veterans Fund, referred to in this section as "the fund," is established as a nonlapsing fund administered by the director for the purpose of supporting hunting opportunities in the State for disabled veterans. The fund receives transfers to the fund in accordance with Title 12, section 10201, subsection 7 . The director may also accept and deposit into the fund any monetary gifts, donations or other contributions from public or private sources for the purposes of the fund. To the extent funds are available in the fund, the director, with assistance from the Department of Inland Fisheries and Wildlife, shall request proposals for use of those funds from organizations that provide disabled veterans with hunting opportunities in the State and shall fund those proposals that, as determined by the director, will most effectively support the purposes of the fund. The Commissioner of Defense, Veterans and Emergency Management may adopt rules governing the process for accepting proposals and disbursing funds from the fund. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 199, §2 (NEW).]
37-B M.R.S. § 924 — ME Code / Title 37-B / Chapter 16 / Section 924
37-B §924. Limitations--Article IV
Status: in_force

Any party state 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 state rendering aid may withhold resources to the extent necessary to provide reasonable protection for that state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, duties, rights and privileges as are afforded forces of the state in which they are performing emergency services, except the power of arrest unless specifically authorized by the receiving state. 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 state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state 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 state of emergency or disaster remains in effect or loaned resources remain in the receiving state or states, whichever is longer. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 104 — ME Code / Title 37-B / Chapter 3 / Section 104
37-B §104. Governor's military staff
Status: in_force

The military staff of the Governor as Commander in Chief consists of: [PL 2001, c. 662, §16 (AMD).]

1. Adjutant General. The Adjutant General, who is chief of staff; [PL 2001, c. 662, §16 (AMD).]

2. Senior staff officers. The senior officer on duty with each of the staff sections organized under section 105 ; and [PL 1983, c. 460, §3 (NEW).]

3. Other staff officers. Other staff officers as appointed from time to time. [PL 2001, c. 662, §16 (AMD).]
37-B M.R.S. § 610-A — ME Code / Title 37-B / Chapter 11 / Section 610-A
37-B §610-A. Stipend funds
Status: in_force

The Maine Veterans' Homes retain as direct income revenue any stipend funds they may receive from the federal Veterans' Administration for the homes' entire eligible resident population. [PL 1997, c. 395, Pt. P, §5 (NEW).]

The Department of Health and Human Services may neither receive the proceeds nor require the application of stipend funds in the Medicare or Medicaid rate justification submissions by the Maine Veterans' Homes. [PL 1997, c. 395, Pt. P, §5 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
37-B M.R.S. § 440 — ME Code / Title 37-B / Chapter 5 / Section 440
37-B §440. Conspiracy
Status: in_force

Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 110-A — ME Code / Title 37-B / Chapter 3 / Section 110-A
37-B §110-A. Honorary military staff
Status: in_force

The honorary military staff may consist of not more than 11 aides-de-camp commissioned by the Governor to serve during the Governor's term. Honorably discharged officers or enlisted personnel who served in the Army, Air Force, Navy, Coast Guard or Marine Corps during any war and who are not members of the state military forces may be appointed as aides-de-camp with the rank of colonel. One may be a naval aide with the rank of captain and one may be an Air Force aide with the rank of colonel. Aides-de-camp may be detailed from the commissioned officers of the state military forces, but officers so detailed may not be relieved from their regular duties, except when on duty with the Commander in Chief. [PL 2001, c. 662, §18 (NEW).]
37-B M.R.S. § 182 — ME Code / Title 37-B / Chapter 3 / Section 182
37-B §182. Proclamation of state of insurrection
Status: in_force

Whenever any portion of the state military forces is activated in aid of civilian authority and if, in the Governor's judgment, the maintenance of law and order will thereby be promoted, the Governor, by proclamation, may declare the county or municipality receiving the assistance, or any specified portion or combination, to be in a state of insurrection. [PL 1995, c. 600, §3 (AMD).]

In the event of a proclamation of insurrection, and without limiting any other powers of the Governor, whether inherent or conferred by other existing laws, the Governor may issue rules under the emergency rule-making provisions of the Maine Administrative Procedure Act, Title 5, section 8054 that are reasonable under the circumstances to avert additional damage, destruction, injury or loss of life, including, but not limited to, emergency rules for curfews, the deployment of emergency medical supplies and facilities, evacuations, the closing of liquor, arms, ammunition, explosives or other stores and facilities, access roads, temporary detours and other things, whether of a same or a different nature. [PL 1995, c. 600, §3 (AMD).]

In the event of the call up of military forces, pursuant to section 181-A, subsection 1 , and without limiting any powers expressly and inherently possessed by or otherwise vested in the Governor as Commander in Chief, the Governor or Adjutant General, as the Governor's designee, may petition any Superior Court for ex parte temporary restraining orders to restrain unlawful interference with efforts to maintain peace or preserve life and property. The court may grant appropriate temporary relief. Upon issuance of the order, the Governor shall cause prompt notice of the order and its effect to be broadcast, posted, announced or otherwise publicized so as to reach the persons effected. Any person aggrieved by the order is entitled at any time it is in effect to bring a motion for vacating the order. The motion must lie in the court from which the order was issued and the moving parties shall serve notice of the motion upon the Governor concurrent with it being filed, but, until vacated, the order remains effective according to its terms. [PL 1995, c. 600, §3 (AMD).]
37-B M.R.S. § 301 — ME Code / Title 37-B / Chapter 3 / Section 301
37-B §301. Acquisition of property for construction of military facilities
Status: in_force

1. Duty of municipal officers. [PL 2001, c. 662, §31 (RP).]

2. Gifts to the State. The Governor or the Adjutant General, or both, may accept, in the name of the State, donations of real estate and personal property to be used for military purposes by the state military forces upon such conditions as the donor may prescribe. The Governor may prescribe further rules pertaining to donated property. [PL 2001, c. 662, §32 (AMD).]

3. Eminent domain. The Adjutant General may acquire real property by right of eminent domain in the manner prescribed by law for the taking of land for highway purposes, and both real and personal property by purchase, gift or otherwise, for the purpose of construction or maintenance of armories, airports, shipyards and other military facilities, including the building or improvement and maintenance of railroads or roads necessary for the more efficient use of these facilities for military purposes and the procuring of equipment and supplies for military purposes. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 949-C — ME Code / Title 37-B / Chapter 16-B / Section 949-C
37-B §949-C. Regulation of services during emergency
Status: in_force

1. Order regulating practice. The Department of Health and Human Services, in coordination with the Maine Emergency Management Agency, may issue an order that limits, restricts or otherwise regulates the following while an emergency declaration is in effect: A. The duration of practice by volunteer health practitioners; [PL 2017, c. 396, §5 (NEW).] B. The geographical areas in which volunteer health practitioners may practice; [PL 2017, c. 396, §5 (NEW).] C. The types of volunteer health practitioners who may practice; and [PL 2017, c. 396, §5 (NEW).] D. Any other matters necessary to coordinate effectively the provision of health services or veterinary services during the emergency. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]

2. Inapplicability of Maine Administrative Procedure Act. Notwithstanding the Maine Administrative Procedure Act, an order issued pursuant to subsection 1 may take effect immediately, without notice or comment, and is legally enforceable. [PL 2017, c. 396, §5 (NEW).]

3. Duties of host entity. A host entity that uses volunteer health practitioners to provide health services or veterinary services in this State shall: A. Consult and coordinate its activities with the Department of Health and Human Services or the Maine Emergency Management Agency to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and [PL 2017, c. 396, §5 (NEW).] B. Comply with other laws relating to the management of emergency health services or veterinary services. [PL 2017, c. 396, §5 (NEW).] [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 942 — ME Code / Title 37-B / Chapter 16-A / Section 942
37-B §942. Workers' compensation and death benefits - Article VIII
Status: in_force

Each party jurisdiction shall provide for the payment of workers' compensation and death benefits to injured members of the emergency forces of that party jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own party jurisdiction. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 805 — ME Code / Title 37-B / Chapter 13 / Section 805
37-B §805. Community right to know
Status: in_force

1. Availability to public. Each emergency response plan, material safety data sheet, list described in section 796, subsection 2 , Maine chemical inventory report, toxic chemical release report and follow-up emergency notice must be made available to the general public, consistent with section 800 , during normal working hours at the location or locations designated by the Administrator of the United States Environmental Protection Agency, the Governor, the commission or the local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 797 , the commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 797 to be contained in a Maine chemical inventory report. [PL 2009, c. 252, §7 (AMD).]

2. Notice of public availability. Each committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets and Maine chemical inventory reports have been submitted under this section. The notice must state that follow-up emergency notices may subsequently be issued and announce that members of the public who wish to review any such plan, sheet, report or follow-up notice may do so at the location designated under subsection 1 . [PL 2009, c. 252, §7 (AMD).]
37-B M.R.S. § 949-I — ME Code / Title 37-B / Chapter 16-B / Section 949-I
37-B §949-I. Regulatory authority
Status: in_force

The Department of Health and Human Services may adopt rules to implement this chapter. In doing so, the Department of Health and Human Services shall consult with and consider the recommendations of the Maine Emergency Management Agency and shall also consult with and consider rules adopted by similarly empowered agencies in other states to promote uniformity of application of this chapter and make the emergency response systems in the various states reasonably compatible. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 396, §5 (NEW).]
37-B M.R.S. § 444 — ME Code / Title 37-B / Chapter 5 / Section 444
37-B §444. Disrespect to officer
Status: in_force

Any person subject to this Code who behaves with disrespect toward a superior officer must be punished as a court-martial may direct. [PL 2001, c. 662, §55 (AMD).]
37-B M.R.S. § 511 — ME Code / Title 37-B / Chapter 7 / Section 511
37-B §511. Fund established
Status: in_force

A nonlapsing fund is established for the purpose of receiving funds from the State, donations from private citizens, corporations and entities and funds from the sales of commemorative items to pay the costs of the program established under section 510 . [PL 2005, c. 273, §5 (NEW).]
37-B M.R.S. § 834 — ME Code / Title 37-B / Chapter 13 / Section 834
37-B §834. Inconsistent laws suspended
Status: in_force

Except as otherwise provided, all existing laws, rules and regulations inconsistent with this chapter or of any order or rule issued under the authority of this chapter shall be suspended during the period of time and to the extent that the inconsistency exists. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 458 — ME Code / Title 37-B / Chapter 5 / Section 458
37-B §458. Larceny and wrongful appropriation
Status: in_force

1. Prohibitions. Any person subject to this Code who wrongfully takes, obtains or withholds, by any means, from the possession of the owner or of any other person any money, personal property or article of value of any kind: A. With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to the person's own use or the use of any person other than the owner, steals that property and is guilty of larceny; or [PL 2001, c. 662, §59 (NEW).] B. With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to the person's own use or the use of any person other than the owner, is guilty of wrongful appropriation. [PL 2001, c. 662, §59 (NEW).] [PL 2001, c. 662, §59 (NEW).]

2. Punishment. Any person found guilty of larceny or wrongful appropriation must be punished as a court-martial may direct. [PL 2001, c. 662, §59 (NEW).]
37-B M.R.S. § 1125 — ME Code / Title 37-B / Chapter 24 / Section 1125
37-B §1125. Relief of obligation
Status: in_force

This chapter may not be construed as relieving a person of duties, responsibilities or liabilities imposed by any other law, regulation, municipal ordinance or rule of law, including, but not limited to, the need to obtain permits or other approvals required to authorize repairs or other remedial measures at a dam and the need to comply with the terms and conditions of any outstanding water level or dam release order, except in an emergency situation as defined by this chapter. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 512-A — ME Code / Title 37-B / Chapter 7 / Section 512-A
37-B §512-A. Maine Veterans' Memorial Cemetery System Care Fund Advisory Board
Status: in_force

1. Maine Veterans' Memorial Cemetery System Care Fund Advisory Board; establishment. The Maine Veterans' Memorial Cemetery System Care Fund Advisory Board, as established by Title 5, section 12004‑I, subsection 5‑C and referred to in this section as "the board," shall monitor, facilitate and provide recommendations for the administration, management and use of the Maine Veterans' Memorial Cemetery System Care Fund. [PL 2013, c. 569, §5 (NEW).]

2. Members. The board consists of the following 7 members appointed by the Commissioner of Defense, Veterans and Emergency Management: A. One member representing the interests of the Commissioner of Defense, Veterans and Emergency Management; [PL 2013, c. 569, §5 (NEW).] B. One member representing the interests of the Treasurer of State; [PL 2013, c. 569, §5 (NEW).] C. One member representing the interests of the American Legion or a successor organization; [PL 2013, c. 569, §5 (NEW).] D. One member representing the interests of the Veterans of Foreign Wars or a successor organization; [PL 2013, c. 569, §5 (NEW).] E. One member representing the interests of Disabled American Veterans or a successor organization; [PL 2013, c. 569, §5 (NEW).] F. One member representing the interests of American Veterans or a successor organization; and [PL 2013, c. 569, §5 (NEW).] G. One member representing the interests of an organization that provides a forum for veterans' organizations to work together on behalf of veterans in the State. [PL 2013, c. 569, §5 (NEW).] [PL 2013, c. 569, §5 (NEW).]

3. Vacancies. In the event of a vacancy on the board, the Commissioner of Defense, Veterans and Emergency Management shall appoint a new member to fill the vacancy until the expiration of the term. A vacancy on the board must be filled in the same manner as the original appointment was made under subsection 2 . [PL 2013, c. 569, §5 (NEW).]

4. Terms. Members of the board are appointed for 3-year terms. [PL 2013, c. 569, §5 (NEW).]

5. Removal. The Commissioner of Defense, Veterans and Emergency Management may remove a member of the board for cause. [PL 2013, c. 569, §5 (NEW).]

6. Voting; quorum. A quorum consists of 5 members of the board. Each member has one vote. A recommendation may not be approved by the board without at least 3 affirmative votes. [PL 2013, c. 569, §5 (NEW).]

7. Board proceedings. The board shall meet not less than annually at a date and time set by the director. The director shall prepare the agenda and prepare and keep a summarized record of meetings. The board may not make binding decisions but shall vote on recommendations. The director shall be present at the meetings to facilitate the meetings. The director does not have a vote. [PL 2013, c. 569, §5 (NEW).]
37-B M.R.S. § 157 — ME Code / Title 37-B / Chapter 3 / Section 157
37-B §157. Maine Military Authority Enterprise Fund
Status: in_force

1. Maine Military Authority Enterprise Fund; established. The Maine Military Authority Enterprise Fund is established to fund activities of the Maine Military Authority, established in section 391 , including, but not limited to, the following: A. Operating the Maine Readiness Sustainment Maintenance Center; and [PL 2003, c. 646, §5 (NEW).] B. Maintaining, rebuilding, repairing, storing and manufacturing equipment for the following: (1) The State and its political subdivisions; (2) The United States Department of the Army, Department of the Air Force, Department of the Navy and Department of Homeland Security; and (3) Foreign governments working in conjunction with the foreign military sales program of the United States Department of Defense. [PL 2003, c. 646, §5 (NEW).] [PL 2003, c. 646, §5 (NEW).]

2. Maine Military Authority Enterprise Fund account. The Military Bureau shall establish, through the Department of Administrative and Financial Services, Bureau of Accounts and Control, the Maine Military Authority Enterprise Fund account. The funds deposited in the account include, but are not limited to, the following: A. Appropriations made to the account; [PL 2003, c. 646, §5 (NEW).] B. Funds transferred to the account from within the department; [PL 2003, c. 646, §5 (NEW).] C. Funds received for the purposes stated in subsection 1, paragraph B ; [PL 2003, c. 646, §5 (NEW).] D. Earnings from the fund from the Treasurer of State's cash pool; and [PL 2003, c. 646, §5 (NEW).] E. In accordance with applicable law, proceeds from the sale of vehicles and equipment under the administrative control of the Maine Military Authority by the state surplus property program in the Department of Administrative and Financial Services, Bureau of General Services. [PL 2003, c. 646, §5 (NEW).] [PL 2003, c. 646, §5 (NEW).]

3. Receive revenue; expend proceeds. The Adjutant General may receive operating revenues of the Maine Military Authority and expend those proceeds in accordance with section 399 . [PL 2003, c. 646, §5 (NEW).]

4. Fund flexibility and adjustments. Notwithstanding the provisions of Title 5, section 1585 , in order to provide sufficient flexibility to adjust to market forces, adjustments to the Maine Military Authority Enterprise Fund may be made through financial orders recommended to the Governor by the State Budget Officer. [PL 2005, c. 12, Pt. MMM, §1 (NEW).]

5. No obligation of state funds. If revenues or other sources of operating funds are not sufficient or available as anticipated for the Maine Military Authority Enterprise Fund, there is no obligation to provide state funds. [PL 2005, c. 12, Pt. MMM, §1 (NEW).]

6. Quarterly reports. The Maine Military Authority shall provide quarterly financial statements regarding the Maine Military Authority Enterprise Fund in a format prescribed by the State Controller to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over the Maine Military Authority. [PL 2005, c. 12, Pt. MMM, §1 (NEW).]
37-B M.R.S. § 105 — ME Code / Title 37-B / Chapter 3 / Section 105
37-B §105. Staff organization
Status: in_force

The Governor may create, organize, abolish or reorganize staff sections that the Governor determines necessary to provide for the National Guard, other state military forces and the Maine Military Authority and appoint staff officers necessary to provide for the operation of the staff sections. Officers of those sections shall perform the duties required of them by law and those other duties not inconsistent with the laws of the State that correspond to the duties performed by officers in corresponding staff sections in the federal military establishment. [PL 2003, c. 646, §4 (AMD).]

1. Personnel. [PL 1993, c. 680, Pt. A, §32 (RP).]

2. Contracts, leases, agreements, authorizations, notes or bonds. [PL 1993, c. 680, Pt. A, §32 (RP).]

3. Maine Veterans' Home Bonding Authority. [PL 1993, c. 680, Pt. A, §32 (RP).]
37-B M.R.S. § 947 — ME Code / Title 37-B / Chapter 16-A / Section 947
37-B §947. Inconsistency of language - Article XIII
Status: in_force

The validity of the arrangements and agreements consented to in this compact is not affected by any insubstantial difference in form or language as adapted by the various states and provinces. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 1122 — ME Code / Title 37-B / Chapter 24 / Section 1122
37-B §1122. Exemptions
Status: in_force

Dams licensed by or subject to the jurisdiction of the Federal Energy Regulatory Commission are exempt from this chapter. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 1126 — ME Code / Title 37-B / Chapter 24 / Section 1126
37-B §1126. Access and notification
Status: in_force

1. Department access. A state dam inspector and any department staff member must have full access to any dam site under the commissioner's jurisdiction for the purpose of conducting an inspection or enforcing an order under this chapter subject to the Maine Rules of Civil Procedure, Rule 80E. [PL 2001, c. 460, §3 (NEW).]

2. Owners, lessees; necessary access. The owners, lessees or persons in control of a dam must have access over land abutting the dam site owned by others if the access, including the passage of vehicles, machinery and equipment, is reasonably necessary to comply with an order issued under this chapter. In passing over land owned by abutters, the owners, lessees or persons in control of a dam shall make every effort to minimize the intrusion, shall restore the land to its preexisting condition to the maximum extent practicable and are liable to the abutters for all property damage caused by their activities on the abutters' land. The abutters may not be held liable to any person for any personal injuries or property damage arising from the crossing of their land by the owners, lessees or persons in control of a dam. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 509 — ME Code / Title 37-B / Chapter 7 / Section 509
37-B §509. Confidentiality of military service records
Status: in_force

1. Certificate of release. A certificate of release or discharge, casualty report, death notice or other record pertaining to active duty service issued by the United States Government, classified by the United States Government as confidential and filed for safekeeping with any state, county or local government authority is confidential for a period of 62 years following its date of issuance. During that 62-year period, it is unlawful for a person to permit inspection of the record, to disclose information contained in the record or to issue a copy of all or any part of the record except as authorized by this section or by court order. Nothing is this section may be construed to make a record confidential that is not directed to be confidential by the United States Government. [PL 2013, c. 237, §2 (AMD).]

2. Identification. Upon presentation of proper identification, any of the following persons may examine a record filed pursuant to this section and obtain free of charge a copy or certified copy of all or part of the record: A. The person who is the subject of the record; [PL 2003, c. 404, §7 (NEW).] B. The spouse or next of kin of the person who is the subject of the record; [PL 2003, c. 404, §7 (NEW).] C. A person named in an appropriate power of attorney executed by the person who is the subject of the record; [PL 2003, c. 404, §7 (NEW).] D. The administrator, executor, guardian or legal representative of the person who is the subject of the record; [PL 2003, c. 404, §7 (NEW).] E. An attorney for any person specified in paragraphs A to D of this subsection; [PL 2005, c. 273, §3 (AMD).] F. A civilian employee or military member of the department when in the conduct of official duties; [PL 2015, c. 175, §2 (AMD).] G. The chief executive officer of the Maine Veterans' Homes when in the conduct of official duties; or [PL 2015, c. 397, §3 (AMD).] H. An authorized representative of the Department of Labor when in the conduct of official duties. [PL 2015, c. 175, §4 (NEW).] [PL 2015, c. 397, §3 (AMD).]

3. Records. Records kept pursuant to this section may not be reproduced or used in whole or in part for any commercial or speculative purposes. [PL 2003, c. 404, §7 (NEW).]

4. Disclose. An individual, agency or court that obtains information pursuant to this section may not disseminate or disclose the information or any part of this information except as authorized in this section or otherwise by law. [PL 2003, c. 404, §7 (NEW).]

5. Release of information for veterans honor roll. Upon request in a manner determined by the bureau, the bureau may release the following information relating to a person from a municipality who has honorably served in the United States Armed Forces to a municipal official, as defined in Title 30‑A, section 2001, subsection 11 , for the purpose of establishing or updating a veterans honor roll in that municipality: A. The name of the person; [PL 2011, c. 481, §1 (NEW).] B. The date the person entered the service; [PL 2011, c. 481, §1 (NEW).] C. The branch of the service entered; and [PL 2011, c. 481, §1 (NEW).] D. The date the person was honorably discharged. [PL 2011, c. 481, §1 (NEW).] [PL 2011, c. 481, §1 (NEW).]

6. Release of information about military status; false claims. Upon request by a law enforcement officer or a prosecutor, the bureau may release information regarding a person's military service for the purposes of investigating alleged false claims of service or decoration awarded for service in the Armed Forces of the United States or a state military force. [PL 2015, c. 21, §2 (NEW).]

7. Release of information about military status; suicide reporting and prevention. Upon request by an authorized representative of the Department of the Attorney General, Office of Chief Medical Examiner in the conduct of official duties, the bureau may release information regarding a deceased person's military service to the Office of Chief Medical Examiner for the purposes of suicide reporting and prevention. [PL 2025, c. 131, §1 (NEW).]
37-B M.R.S. § 408 — ME Code / Title 37-B / Chapter 5 / Section 408
37-B §408. Designated jails
Status: in_force

Confinement other than in a guard house, whether prior to, during or after trial by a military court, shall be executed in correctional centers designated by the Governor or by the Adjutant General for that purpose. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 851 — ME Code / Title 37-B / Chapter 13 / Section 851
37-B §851. Mass fatality plan
Status: in_force

The director, in consultation with the Office of Chief Medical Examiner, the Department of Health and Human Services and the Maine Center for Disease Control and Prevention within that department and other agencies as appropriate, shall prepare a plan for the recovery, identification and disposition of human remains in a disaster. The Office of Chief Medical Examiner is responsible for execution of the plan, and all members of the emergency management forces shall cooperate and assist the office in executing the plan. [PL 2017, c. 475, Pt. A, §64 (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. [PL 2013, c. 146, §18 (NEW).]
37-B M.R.S. § 941 — ME Code / Title 37-B / Chapter 16-A / Section 941
37-B §941. 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 jurisdictions may differ from that among the party jurisdictions of this compact, this compact contains elements of a broad base common to all party jurisdictions, and nothing in this compact precludes any party jurisdiction from entering into supplementary agreements with another party jurisdiction or affects any other agreements already in force between party jurisdictions. 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, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 797 — ME Code / Title 37-B / Chapter 13 / Section 797
37-B §797. Maine chemical inventory report
Status: in_force

A person required to submit a facility emergency response plan, material safety data sheet or list of hazardous chemicals and extremely hazardous substances must submit a Maine chemical inventory report to the commission, the local emergency planning committee and the local fire department with jurisdiction over the facility. The inventory report and fee must be submitted by March 1st annually for the previous calendar year. Information on the inventory of extremely hazardous substances and hazardous chemicals for the previous calendar year is required in the report. This report must state, at a minimum: [PL 2009, c. 479, §1 (AMD).]

1. Chemical name. The chemical name of each substance listed; [PL 1989, c. 464, §3 (NEW).]

2. Maximum weight. The maximum number of pounds of each substance present at any time during the preceding year; [PL 1989, c. 464, §3 (NEW).]

3. Average amount. The average daily amount of each substance present during the preceding year; [PL 1989, c. 464, §3 (NEW).]

4. Chemical storage. A brief description of the manner of the chemical's storage; [PL 1989, c. 464, §3 (NEW).]

5. Chemical location. The chemical's location at the facility; [PL 1989, c. 464, §3 (NEW).]

6. Information withholding. An indication if the person is electing to withhold information from disclosure under section 800 ; and [PL 2009, c. 579, Pt. B, §1 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]

7. Transportation. A description of the manner in which the substance is shipped to the facility, including standard and alternate transportation routes taken through the State from point of origin or entry to the facility. Records held by the commission regarding standard and alternate transportation routes are confidential records for the purposes of Title 1, chapter 13, subchapter 1 . The commission may provide those records to state, county or local emergency management agencies or public officials, as the commission determines necessary, but shall require those agencies or officials to hold those records as confidential. [PL 2009, c. 579, Pt. B, §2 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]

8. Progress toward toxics use reduction goals. [PL 2009, c. 579, Pt. B, §3 (RP); PL 2009, c. 579, Pt. B, §13 (AFF).]
37-B M.R.S. § 508 — ME Code / Title 37-B / Chapter 7 / Section 508
37-B §508. Veteran service officers
Status: in_force

Veteran service officers shall serve, assist and advocate for all veterans. A veteran service officer must be trained and conversant on the issues, benefits and definitions affecting all veterans, including atomic, Vietnam, Desert Storm and female veterans. The bureau shall have at least one veteran service officer who specializes in female veterans' issues. [PL 2013, c. 569, §4 (AMD).]

A veteran service officer may not knowingly present or prosecute a fraudulent claim against the United States or knowingly provide false information to the United States; demand or accept unlawful compensation for preparing, presenting or prosecuting a claim or advising or consulting concerning a claim; or knowingly present to the United States Department of Veterans Affairs a frivolous claim, issue or argument. A claim, issue or argument is frivolous if the veteran service officer is unable to make a good faith argument on the merits of the position taken or to support the position taken by a good faith argument for an extension, modification or reversal of existing law. [PL 2017, c. 108, §7 (NEW).]
37-B M.R.S. § 448 — ME Code / Title 37-B / Chapter 5 / Section 448
37-B §448. Mutiny; sedition
Status: in_force

1. Offense. Any person subject to this Code who: A. With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do the person's duty or creates any violence or disturbance is guilty of mutiny; [RR 2019, c. 1, Pt. B, §40 (COR).] B. With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition; or [PL 1983, c. 460, §3 (NEW).] C. Fails to do the person's utmost to prevent and suppress a mutiny or sedition being committed in the person's presence, or fails to take all reasonable means to inform the person's superior commissioned officer or commanding officer of a mutiny or sedition that the person knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. [RR 2019, c. 1, Pt. B, §41 (COR).] [RR 2019, c. 1, Pt. B, §§40, 41 (COR).]

2. Punishment. A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 945 — ME Code / Title 37-B / Chapter 16-A / Section 945
37-B §945. Implementation - Article XI
Status: in_force

1. Enactment. This compact becomes operative immediately upon its adoption by any 2 of the states and provinces listed in section 935 and upon the approval or authorization of the United States Congress, if required. After it becomes operative, this compact becomes effective as to any other state or province upon its enactment by that state or province. [PL 1999, c. 696, §1 (NEW).]

2. Withdrawal from compact. Any party jurisdiction may withdraw from this compact, but the withdrawal does not take effect until 30 days after the governor or premier of the withdrawing party jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other party jurisdictions. The action does not relieve the withdrawing party jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal. [PL 1999, c. 696, §1 (NEW).]

3. Copy of compact. Duly authenticated copies of this compact in the French and English languages and of such supplementary agreements as may be entered into must, at the time of their approval, be deposited with each of the party jurisdictions and with appropriate federal authorities. [PL 1999, c. 696, §1 (NEW).]
37-B M.R.S. § 1001 — ME Code / Title 37-B / Chapter 19 / Section 1001
37-B §1001. Short title
Status: in_force

This chapter may be cited as the "Sabotage Prevention Act." [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 800 — ME Code / Title 37-B / Chapter 13 / Section 800
37-B §800. Trade secrets
Status: in_force

1. Withholding information. Information that constitutes a trade secret may be withheld from the local emergency planning committee or fire department, and specific chemical names and identifications may be withheld in accordance with this subchapter if: A. The information has not been disclosed to any other person except the commission, the local emergency planning committee, a public official or a person bound by confidentiality agreement, and reasonable measures have been taken to protect confidentiality; [PL 1989, c. 464, §3 (NEW).] B. The information is not required to be disclosed by law; [PL 1989, c. 464, §3 (NEW).] C. Disclosure is likely to cause harm to the business's competitive position; and [PL 1989, c. 464, §3 (NEW).] D. The chemical identity in question is not readily discoverable through reverse engineering. [PL 1989, c. 464, §3 (NEW).] [PL 1989, c. 464, §3 (NEW).]

2. Substitute information. If trade secrecy is claimed, the owner or operator of the facility shall substitute on the relevant forms: A. The generic class of the material; [PL 1989, c. 464, §3 (NEW).] B. Sufficient information so that emergency responders will not be hampered; and [PL 1989, c. 464, §3 (NEW).] C. Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance. [PL 1989, c. 464, §3 (NEW).] [PL 1989, c. 464, §3 (NEW).]

3. Exception. Trade secrecy cannot be claimed if: A. The commission and the United States Environmental Protection Agency so rule; [PL 1989, c. 464, §3 (NEW).] B. Notification is required by a release; or [PL 1989, c. 464, §3 (NEW).] C. In the event of a life threatening situation, the information is requested by the State Toxicologist or a health professional treating a victim of exposure to the chemical. [PL 1989, c. 464, §3 (NEW).] [PL 1989, c. 464, §3 (NEW).]
37-B M.R.S. § 264 — ME Code / Title 37-B / Chapter 3 / Section 264
37-B §264. Inspection and condemnation
Status: in_force

1. Sale of property; proceeds. The Adjutant General shall designate an officer to inspect military property, real and personal, and may condemn any inspected property that the Adjutant General determines to be unfit for use by the military. Property condemned under this subsection may be sold by the Adjutant General. Real property condemned under this subsection may not be sold for less than its appraised value as determined by a person licensed as a real estate appraiser under Title 32, chapter 124 . All proceeds from the sale of condemned property must be paid into the State Treasury and credited to the Capital Repair, Maintenance, Construction and Acquisition Account of the Military Bureau established under section 154 . [PL 2013, c. 469, §3 (AMD).]

2. Designation of property; sale. The Adjutant General may sell an armory or other real property of the Military Bureau if the Adjutant General has: A. Completed the appraisal required under subsection 1 ; and [PL 1995, c. 684, §3 (NEW).] B. Except as provided in subsection 3 , obtained approval of the Legislature to sell that armory or other real property. For the purposes of this subsection, the term "approval of the Legislature" means the enactment by the Legislature and signing by the Governor of a resolve authorizing the sale of that armory or other real property. [PL 1995, c. 684, §3 (NEW).] All proceeds of the sale of an armory or other real property under this subsection must be paid into the State Treasury and credited to the Capital Repair, Maintenance, Construction and Acquisition Account of the Military Bureau established under section 154 . [PL 2013, c. 469, §4 (AMD).]

3. Exceptions; authorization to sell. Notwithstanding subsection 2, paragraph B , the Adjutant General is authorized to sell the following armories and parcel of land: A. The Brunswick Armory; [PL 2007, c. 167, §1 (AMD).] B. The Newport Armory; [PL 1995, c. 684, §3 (NEW).] C. The Rumford Armory; [PL 1995, c. 684, §3 (NEW).] D. [PL 1997, c. 783, §1 (RP).] E. The South Portland Armory; [PL 1997, c. 783, §1 (AMD).] F. The Millinocket Armory; [PL 2001, c. 353, §2 (AMD).] G. A 6 1/2-acre parcel of land located on the northeasterly side of U.S. Route One across from the Belfast Armory and part of the parcel of land described in the Waldo County Registry of Deeds, Book 411, Page 446; [PL 2001, c. 662, §27 (AMD).] H. The Caribou Armory, located at 55 Bennett Drive, Caribou, for market value but not including the organizational maintenance shop, known as OMS5, nor the metal storage building; [PL 2003, c. 404, §3 (AMD).] I. The Fort Fairfield Armory located at 25 Columbia Street, Fort Fairfield by means of a quitclaim deed, subject to all easements of record, to the inhabitants of the Town of Fort Fairfield for the sum of $1 as long as the inhabitants of the Town of Fort Fairfield agree to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise from the land or buildings constituting the Fort Fairfield Armory and this transfer is determined to be a transfer for not less than appraised value as specified in subsection 1 in view of the economic conditions of northern Aroostook County, the financial contributions made by the Town of Fort Fairfield to the armory and the environmental conditions existing at the site; [PL 2007, c. 167, §1 (AMD).] J. The Saco Armory located at 75 Franklin Street, Saco, Maine, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory ; [PL 2007, c. 167, §1 (AMD).] K. The Bath Armory, or any portion thereof, located on Lincoln Street, Bath, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2009, c. 406, §1 (AMD).] L. The Portland Armory located on Stevens Avenue, Portland, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2007, c. 167, §1 (NEW).] M. The Westbrook Armory located on Stroudwater Street, Westbrook, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2007, c. 167, §1 (NEW).] N. The Presque Isle Armory located on North Main Street, Presque Isle, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2009, c. 406, §2 (AMD).] O. The Caribou Armory, also known as the "Solman Armory," located on York Street, Caribou, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2009, c. 406, §3 (AMD).] P. The Fort Kent Armory, located on Armory Road, Fort Kent, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2015, c. 37, §1 (AMD).] Q. The Gardiner Armory, located on Brunswick Avenue, Gardiner, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2019, c. 341, §11 (AMD).] R. The Belfast Armory, located on U.S. Route 1, Belfast, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; [PL 2023, c. 33, §1 (AMD).] S. The South Portland Air National Guard Station, located on Western Avenue, South Portland, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean‑up costs that may arise in connection with the land or the buildings constituting the station; [PL 2023, c. 296, §1 (AMD).] T. The Houlton Armory, located at 86 Pleasant Street, Houlton, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory; and [PL 2023, c. 296, §2 (AMD).] U. The Calais Armory, located at 53 Calais Avenue, Calais, by means of a quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise in connection with the land or the buildings constituting the armory. [PL 2023, c. 296, §3 (NEW).] [PL 2023, c. 296, §§1-3 (AMD).]

4. Easements and rights-of-way. Notwithstanding subsection 2 , the Adjutant General may, with written approval of the Governor, grant easements and rights-of-way on real property held by the Military Bureau. [PL 1995, c. 684, §3 (NEW).]

5. Special provisions for the Portland Armory. Notwithstanding subsection 1 , the Adjutant General may execute a like-kind exchange of the Portland Armory, or any portion thereof, located on Stevens Avenue, Portland, for real property of substantially equal value, subject to the provisions of subsection 3, paragraph L . [PL 2009, c. 406, §6 (NEW).]

6. Special provisions for the Belfast Armory. Notwithstanding subsection 1 , the Adjutant General may execute a like-kind exchange of a portion of the Belfast Armory property, located on U.S. Route 1, Belfast, for real property of substantially equal value, subject to the provisions of subsection 3, paragraph R . [PL 2015, c. 37, §4 (NEW).]
37-B M.R.S. § 796 — ME Code / Title 37-B / Chapter 13 / Section 796
37-B §796. Material safety data sheets
Status: in_force

1. Data sheets. Any person who owns or operates a facility and is required to prepare or have available a material safety data sheet for a hazardous chemical under the United States Occupational Safety and Health Act of 1970, Public Law 91-596, as amended, and regulations promulgated under it shall submit to the local emergency planning committee of the emergency planning district in which the facility is located, the commission and the fire department having jurisdiction over the facility, either data sheets or lists for which data sheets are available of the hazardous chemicals and extremely hazardous substances that are stored at the facility in an amount that exceeds the threshold planning quantity for those chemicals or substances. The hazardous chemicals and extremely hazardous substances shall be grouped together on any such data sheets by the categories of health and physical hazards. The data sheets shall include, without limitation, all criteria set forth in 29 Code of Federal Regulations, Section 1910.1200. [PL 1989, c. 464, §3 (NEW).]

2. Content of lists. The list of chemicals referred to in subsection 1 must include each of the following: A. A list of hazardous chemicals for which material safety data sheets are required under subsection 1 grouped in categories of health and physical hazards; [PL 1989, c. 464, §3 (NEW).] B. The chemical name or the common name of each such chemical as provided on the material safety data sheet; and [PL 1989, c. 464, §3 (NEW).] C. Any hazardous component of each such chemical as provided on the material safety data sheet. [PL 1989, c. 464, §3 (NEW).] [PL 1989, c. 464, §3 (NEW).]

3. Revised data sheets. Within 3 months after the discovery of new information about a hazardous chemical or extremely hazardous substance identified in the data sheet required by subsection 1 or within 3 months after obtaining a hazardous chemical or extremely hazardous substance for which reporting is required by subsection 1 , the owner or operator of a facility shall prepare and submit a revised data sheet or a revised list of chemicals for which data sheets are available that meets the requirements of subsection 1 and contains the new information to the local emergency planning committee, the commission, and the fire department having jurisdiction over the facility. [PL 2023, c. 405, Pt. A, §131 (AMD).]
37-B M.R.S. § 7 — ME Code / Title 37-B / Chapter 1 / Section 7
37-B §7. Issuance of free day use pass to active military personnel
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 active duty military personnel. [PL 2009, c. 220, §4 (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 military identification, whether the following criteria are met: A. The person’s home of residence is this State; and [PL 2009, c. 220, §4 (NEW).] B. The person is serving in an enlisted grade in the armed forces as defined in 10 United States Code, Section 101(a)(4). [PL 2009, c. 220, §4 (NEW).] [PL 2009, c. 220, §4 (NEW).]

2. Duration of passes. A pass issued in accordance with this section is valid for 12 months from the date of issuance and may be renewed upon verification of continuing eligibility. [PL 2009, c. 220, §4 (NEW).]

3. 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 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 expiration dates for those passes. [PL 2009, c. 440, §4 (AMD); PL 2011, c. 657, Pt. W, §§5, 6 (REV).]
37-B M.R.S. § 1124 — ME Code / Title 37-B / Chapter 24 / Section 1124
37-B §1124. Immunity
Status: in_force

An action may not be brought against the State, the department or its agents or employees for any action taken or failure to take action pursuant to this chapter. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 113 — ME Code / Title 37-B / Chapter 3 / Section 113
37-B §113. Security at National Guard military facilities and real property of the department
Status: in_force

This section governs the provision of security at National Guard military facilities and real property of the department. [PL 2019, c. 341, §5 (NEW).]

1. Appointment of a provost marshal. The Adjutant General may appoint a provost marshal to oversee security at National Guard military facilities and real property of the department consistent with federal regulations governing similar federally owned facilities located in the State. The provost marshal is an authorized recipient of confidential criminal history records for the purpose of carrying out the position's duties under state law. [PL 2019, c. 341, §5 (NEW).]

2. Designation of military facilities. For purposes of this section, the Adjutant General may designate all or portions of department facilities or real property as military facilities. [PL 2019, c. 341, §5 (NEW).]

3. Funding. Modifications of National Guard military facilities or real property of the department or changes to protocols or procedures or actions to provide security in a manner consistent with federal regulations governing similar federally owned facilities in the State are limited to those that are without cost or are federally funded either directly or indirectly through a cooperative agreement. [PL 2019, c. 341, §5 (NEW).]

4. Authority to protect certain assets. In compliance with federal law, and subject to conditions and limitations as promulgated by the United States Department of Defense or its military departments, the National Guard is authorized to use all means necessary to protect its assets that are inherently dangerous or vital to national security. [PL 2019, c. 341, §5 (NEW).]
37-B M.R.S. § 611 — ME Code / Title 37-B / Chapter 11 / Section 611
37-B §611. Annual reports
Status: in_force

By February 15, 2023 and annually thereafter, the board shall submit a report to the Governor and the joint standing committee of the Legislature having jurisdiction over veterans affairs. This report must contain a copy of audited financial statements, statistics on members who resided in the homes during the year, any amendments to the rules regarding the administration of the homes made by the board since its last report on the administration of the homes, a description of any efforts to seek funding as required under section 604, subsection 6 , recommendations to the Governor and Legislature and information regarding such other matters as the board considers pertinent. The joint standing committee of the Legislature having jurisdiction over veterans affairs may report out legislation based upon the report. [PL 2021, c. 528, §8 (AMD).]
37-B M.R.S. § 1116 — ME Code / Title 37-B / Chapter 24 / Section 1116
37-B §1116. Design standards
Status: in_force

All new dams that reasonably will be classified as high or significant hazard potential dams must be designed, constructed or reconstructed under the supervision of a registered professional engineer. Prior to construction, the dam owner shall provide a copy of the plans and specifications to the department. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 1005 — ME Code / Title 37-B / Chapter 19 / Section 1005
37-B §1005. Intentional injury or interference with property
Status: in_force

Whoever intentionally destroys, impairs, injures, interferes or tampers with real or personal property with reasonable grounds to believe that that person's act will hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, or with preparations and plans for emergency management, or with the execution of those preparations and plans under chapter 13 commits a Class B crime. [PL 2001, c. 614, §27 (AMD).]
37-B M.R.S. § 447 — ME Code / Title 37-B / Chapter 5 / Section 447
37-B §447. Failure to obey order
Status: in_force

Any person subject to this Code who violates or fails to obey any lawful general order or regulation, or having knowledge of any other lawful order issued by a member of the military forces, that it is the person's duty to obey, fails to obey the order, or is derelict in the performance of the person's duties, must be punished as a court-martial may direct. [RR 2019, c. 1, Pt. B, §39 (COR).]
37-B M.R.S. § 445 — ME Code / Title 37-B / Chapter 5 / Section 445
37-B §445. Striking or disobeying an officer
Status: in_force

Any person subject to this Code who strikes a superior officer or draws or lifts up any weapon or offers any violence against a superior officer while that officer is in the execution of that office or willfully disobeys a lawful command of the superior officer must be punished as a court-martial may direct. [PL 2001, c. 662, §56 (AMD).]
37-B M.R.S. § 931 — ME Code / Title 37-B / Chapter 16 / Section 931
37-B §931. Implementation--Article XI
Status: in_force

1. Enactment. This compact becomes operative immediately upon its enactment into law by any 2 states. After it becomes operative, this compact becomes effective as to any other state upon its enactment by that state. [PL 1997, c. 780, §2 (NEW).]

2. Withdraw from compact. Any party state may withdraw from this compact by enacting a statute repealing the compact, but the withdrawal does not take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. The action does not relieve the withdrawing state from obligations assumed under this compact prior to the effective date of withdrawal. [PL 1997, c. 780, §2 (NEW).]

3. Copy of compact. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into must, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 822 — ME Code / Title 37-B / Chapter 13 / Section 822
37-B §822. Immunity
Status: in_force

Neither the State nor any of its agencies or political subdivisions nor a person called out pursuant to section 784-A , including a voluntary and uncompensated grantor of a permit for the use of the grantor's premises as an emergency management shelter, may, while engaged in any emergency management activities and while complying with or attempting to comply with this chapter or any rule adopted pursuant to this chapter, be liable for the death of or injury to any person, or damage to property, as a result of those activities. This section does not affect the right of any person to receive benefits to which that person would otherwise be entitled under this chapter, under the Maine Workers' Compensation Act of 1992, under any pension law or under any act of Congress. [PL 2003, c. 510, Pt. C, §15 (RPR).]
37-B M.R.S. § 437 — ME Code / Title 37-B / Chapter 5 / Section 437
37-B §437. Restoration of rights
Status: in_force

All rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and that executed part is included in a sentence imposed upon the new trial or rehearing. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 102 — ME Code / Title 37-B / Chapter 3 / Section 102
37-B §102. Composition
Status: in_force

1. State military forces. The state military forces shall consist of: A. The Maine Army National Guard and the Maine Air National Guard, referred to in this Title as the "National Guard," when either or both are not in federal service and state military forces provided under section 3, subsection 1, paragraph D , subparagraph (22), but not the Maine Military Authority; and [PL 2017, c. 108, §2 (AMD).] B. The militia, the naval militia and the Maine State Guard when and if organized by direction of the Governor pursuant to the authority set forth in subchapter IV . [PL 2001, c. 662, §15 (AMD).] [PL 2017, c. 108, §2 (AMD).]
37-B M.R.S. § 101 — ME Code / Title 37-B / Chapter 3 / Section 101
37-B §101. Purpose
Status: in_force

The Military Bureau has jurisdiction over and responsibility for the administration of the state military forces and the Maine Military Authority. [PL 2003, c. 342, §1 (AMD).]
37-B M.R.S. § 223 — ME Code / Title 37-B / Chapter 3 / Section 223
37-B §223. Naval militia
Status: in_force

1. Composition. The naval militia of the State of Maine shall consist of such persons as may be enlisted, appointed or commissioned therein from the militia. [PL 1983, c. 460, §3 (NEW).]

2. Administration. The Commander in Chief may organize the forces prescribed in subsection 1 as the Commander in Chief considers proper. When in the Commander in Chief's judgment the efficiency of the naval militia will be increased thereby, or whenever public interest may demand it, the Commander in Chief may alter, reorganize or disband any or all of the naval militia. The Commander in Chief may, at any time, change the organization of the naval militia so as to conform to any organization, or system of drill or instruction adopted for the United States Navy, and increase and decrease for that purpose the number of officers, warrant officers, chief petty officers, petty officers and enlisted personnel and to change their grades, titles and designations. The system of administration, drill and instruction of the naval militia must conform, as nearly as practicable, to that of the United States Navy. [RR 2019, c. 1, Pt. B, §11 (COR).]
37-B M.R.S. § 438 — ME Code / Title 37-B / Chapter 5 / Section 438
37-B §438. Included offenses
Status: in_force

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 443 — ME Code / Title 37-B / Chapter 5 / Section 443
37-B §443. Missing movement
Status: in_force

Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft or unit with which the person is required in the course of duty to move must be punished as a court-martial may direct. [RR 2019, c. 1, Pt. B, §38 (COR).]
37-B M.R.S. § 1117 — ME Code / Title 37-B / Chapter 24 / Section 1117
37-B §1117. Inspectors of dams
Status: in_force

The commissioner shall appoint or hire one or more dam inspectors who are licensed as professional engineers under Title 32, chapter 19 and who are experienced in the inspection and design of dams. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 930 — ME Code / Title 37-B / Chapter 16 / Section 930
37-B §930. Evacuation--Article X
Status: in_force

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant must be prepared and maintained between the party states and the emergency management or emergency services directors of the various jurisdictions where any type of incident requiring evacuations might occur. These plans must be put into effect by request of the state from which evacuees come and must include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. The plans must provide that the party state receiving evacuees and the party state from which the evacuees come must mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures must be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees. [PL 1997, c. 780, §2 (NEW).]
37-B M.R.S. § 707 — ME Code / Title 37-B / Chapter 13 / Section 707
37-B §707. Grants and gifts
Status: in_force

The Maine Emergency Management Agency is authorized to accept gifts, grants and research funds and to undertake contractual relationships with the Federal Government, other state and provincial governments, counties, municipalities, corporations, foundations and other legal entities to carry out the purposes for which it was created, including, without limitation, conducting emergency planning activities related to nuclear power facilities in adjacent states or provinces. [PL 1999, c. 174, §3 (NEW).]
37-B M.R.S. § 145 — ME Code / Title 37-B / Chapter 3 / Section 145
37-B §145. Property and fiscal officer
Status: in_force

The Governor shall, subject to the approval of the United States Secretary of the Army or the United States Secretary of the Air Force, designate a qualified commissioned officer of the Maine National Guard to be the United States property and fiscal officer. [PL 1983, c. 460, §3 (NEW).]

1. Status; United States property and fiscal officer. The status of the United States property and fiscal officer shall be that of a National Guard commissioned officer of the Army or Air Force, as appropriate, on extended active duty and detailed with the United States Department of Defense, National Guard Bureau for administrative purposes. [PL 1983, c. 460, §3 (NEW).]

2. Bond. The United States property and fiscal officer shall give a bond to the United States for the faithful performance of the officer's duties and for the safekeeping and proper disposition of federal property and funds entrusted to the officer's care. The amount of the bond is determined by the United States Secretary of the Army or the United States Secretary of the Air Force. [RR 2019, c. 1, Pt. B, §4 (COR).]
37-B M.R.S. § 427 — ME Code / Title 37-B / Chapter 5 / Section 427
37-B §427. Witnesses
Status: in_force

1. Oaths. A military judge detailed under this Code may administer oaths. [PL 1983, c. 460, §3 (NEW).]

2. Subpoena. A military judge, notary public or clerk of any District Court or Superior Court may issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books, papers and photographs relating to any questions in dispute before the court-martial or to any matters involved in a trial by court-martial. [PL 1983, c. 594, §29 (AMD).]

3. Fees and mileage. Fees and mileage payments shall be paid to witnesses at the rate allowed to witnesses attending the District Courts. The fees and mileage payments shall be paid out of the Military Fund. [PL 1983, c. 460, §3 (NEW).]

4. Violation. It is a Class E crime for a person not subject to this Code intentionally to fail to appear as a witness, refuse to qualify as a witness or refuse to produce evidence if that person: A. Has been subpoenaed to give testimony or produce evidence; or [PL 1983, c. 460, §3 (NEW).] B. Has been paid fees and mileage as a witness. [PL 1983, c. 460, §3 (NEW).] [PL 1983, c. 460, §3 (NEW).]

5. Prosecution. The Attorney General may prosecute persons who violate this section. [PL 1983, c. 460, §3 (NEW).]
37-B M.R.S. § 454 — ME Code / Title 37-B / Chapter 5 / Section 454
37-B §454. False official statements
Status: in_force

Any person subject to this Code who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it is false, or makes any other false official statement, knowing it is false, must be punished as a court-martial may direct. [PL 1995, c. 214, §1 (NEW).]
37-B M.R.S. § 1129 — ME Code / Title 37-B / Chapter 24 / Section 1129
37-B §1129. Violations
Status: in_force

In addition to any other forfeitures or penalties provided by law, a person who violates any provisions of this chapter or any rule or order adopted, promulgated or issued under this chapter is subject to a civil penalty as assessed by the commissioner of not less than $100 nor more than $5,000 for each day that the violation continues. The penalty is payable to the State, to be recovered in a civil action. [PL 2001, c. 460, §3 (NEW).]
37-B M.R.S. § 415-A — ME Code / Title 37-B / Chapter 5 / Section 415-A
37-B §415-A. Nonjudicial punishment
Status: in_force

1. Disciplinary punishment. A commander may, in addition to or in lieu of admonition, reprimand or extra training, impose disciplinary punishments for minor offenses without the intervention of a court-martial as follows. A. A commander with the rank of captain or below may impose one or more of the following punishments: (1) Forfeiture of up to one day's pay; (2) Up to 4 hours of extra duties; (3) Prohibition of promotion of up to one year; or (4) Reduction of one grade for enlisted members in pay grade E-4 and below. [PL 2025, c. 97, §6 (AMD).] B. A commander with the rank of major may impose one or more of the following punishments: (1) Forfeiture of up to 3 days' pay; (2) Up to 8 hours of extra duties; (3) Prohibition of promotion of up to one year; or (4) Reduction of one grade for enlisted members in pay grade E-6 and below. [PL 2025, c. 97, §7 (AMD).] C. A commander with the rank of lieutenant colonel and above may impose one or more of the following punishments: (1) Forfeiture of up to 5 days' pay; (2) Up to 16 hours of extra duties; (3) Prohibition of promotion of up to one year; or (4) Reduction of one grade for enlisted members. [PL 2025, c. 97, §8 (AMD).] D. Only a general officer commander may impose punishments upon officers. [PL 2001, c. 662, §48 (NEW).] E. An individual being considered for nonjudicial punishment has the right to consult counsel prior to receiving disciplinary punishment under this section. [PL 2001, c. 662, §48 (NEW).] [PL 2025, c. 97, §§6-8 (AMD).]

2. Suspend; reduce. The commander who imposes disciplinary punishment, or successor in command, may at any time suspend or reduce, or both, disciplinary punishment imposed. [PL 2001, c. 662, §48 (NEW).]

3. Appeal. A person punished under this section may appeal, through the proper channels, to the next higher commander. The appeal must be promptly forwarded and decided; in the meantime all disciplinary punishment is stayed. The commander to whom the appeal is referred may suspend or reduce, or both, the disciplinary punishment. Before ruling, the commander who is to act on the appeal may refer the case to a judge advocate for consideration. The commander to whom the appeal is referred shall submit the case to a judge advocate for review when the appeal is from a reduction in grade or forfeiture of 3 or more days of pay. [PL 2001, c. 662, §48 (NEW).]

4. Increase. Once nonjudicial punishment has been imposed, it may not be increased upon appeal or otherwise for the same offense. [PL 2001, c. 662, §48 (NEW).]

5. Right to counsel. A person that has disciplinary punishment imposed under this section has the right to assistance of military counsel in filing an appeal. There is no right to appeal the imposition of disciplinary punishment under this section to the civilian courts. [PL 2001, c. 662, §48 (NEW).]

6. Serious crime. The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial or to a trial in the civilian courts of this State, another state or the United States for a serious crime or offense growing out of the same act or omission that is not properly punishable under this section. The fact that a disciplinary punishment has been enforced may be shown by the accused at trial and must be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. [PL 2001, c. 662, §48 (NEW).]

7. Records. The Governor may prescribe the form of records to be kept of proceedings under this section and may prescribe that the records must be in writing. [PL 2001, c. 662, §48 (NEW).]

8. Enforcement. A fine imposed pursuant to this section may be enforced as a money judgment in accordance with Title 14, chapter 502 . [PL 2001, c. 662, §48 (NEW).]

9. Pay. For the purposes of this section, a "day's pay" means that pay a member is entitled to for one unit training assembly, also known as one drill period. [PL 2001, c. 662, §48 (NEW).]