An Act To Update the Department of Defense, Veterans and Emergency Management Laws
Maine Legislature, Session 121, LD 1513
Committee: Legal and Veterans Affairs
Sponsors: CLARK, MAYO
Amends: 37-B MRSA §3, 37-B MRSA §389, 37-B MRSA §744, 8 MRSA §783, 8 MRSA §1131

Legislative Document 
No. 1513 
H.P.1106 
House of Representatives, April 2, 2003 
An Act To Update the Department of Defense, Veterans and 
Emergency Management Laws 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative CLARK of Millinocket. 
Cosponsored by Senator MAYO of Sagadahoc. 
Printed on recycled paper 
17/~ 
/J7·711d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §I76S2, sub-§4 is enacted to read: 
4. 
Active state service. 
A member of the Maine National 
Guard on active state service for more than 15 days pursuant to 
Title 37-B after September 1, 1995 may elect to be a member of 
the Maine State Retirement System and may pay contributions or 
have pick-up contributions made on or receive any service credit 
for the period from September 1, 1995. 
A member of the Maine 
National Guard on active state service pursuant to Title 37-B who 
does not elect to participate in the Maine State Retirement 
System or is not eligible to participate in the Maine State 
Retirement System shall participate in the United States Social 
Security System. 
A member of the Maine National Guard on active 
state service pursuant to Title 37-B may participate in the 
tax-deferred arrangement of Title 5, chapter 67. 
Sec. 2. 37-B MRSA §3, sub-§I, ,.D, as amended by PL 2001, c. 
662, §14, is further amended by amending subparagraph (15) to 
read: 
(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 
acti vi ties, including counter-drug acti vi ties, 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 
prov~s~on 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. 
Sec. 3. 37-B MRSA §389, as enacted by PL 2001, c. 662, §40, 
is repealed and the following enacted in its place: 
S309. 
StAr of proceeding for military members 
1. 
StAr of proceedipg. 
A member of the National Guard or 
the Reserves of the United States Armed Forces may at any stage 
of 
any action or proceeding in any court or administrative 
hearing in which the member is involved, either as plaintiff, 
defendant or attorney, during the period of any military service 
or within 60 days after any military service, at the discretion 
of the court. case management officer or administrative hearing 
officer, by the member's own motion or motion of the court, case 
Page l-LR1889(1) 
management officer or administrative hearing officer, be stayed 
unless, in the opinion of the court, case management officer or 
the administrative hearing officer, the ability of the plaintiff 
to prosecute the action, the defendant to conduct the defendant's 
defense 
Qr 
the 
attorney 
tQ 
represent 
either 
party is 
not 
materially affected by reason Qf the member's military service. 
2. 
Appearance. 
An applicatiQn for a stay of a cQurt Qr 
administrative proceeding pursuant tQ the Soldiers' and SailQrs' 
Civil Relief Act of 1940, 50 United States Code, as amended, Qr 
this section does not constitute an appearance for any purpose. 
Sec. 4. 37·B MRSA §S09 is enacted tQ read: 
§509. 
Confidentiality of military service records 
1. 
Certificate of release. 
A certificate of release or 
discharge from active duty issued by the United States Government 
and 
filed 
fQr 
safekeeping with 
any state, 
cQunty 
Qr 
local 
gQvernment authority is confidential for a period Qf 75 years 
following its filing. 
During that 75-year period, it is unlawful 
for a person to permit inspection of the record, to disclose 
informatiQn contained in the recQrd Qr to issue a CQPy Qf all or 
any part Qf the record except as authorized by this section or by 
court order. 
2. 
Identification. 
Upon 
presentation 
of 
proper 
identification, any Qf the follQwing 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; 
B. 
The spouse or next of kin of the person who is the 
subject of the record: 
C. 
A person named in an appropriate power of attorney 
executed by the person who is the subject of the record; 
D. 
The 
administrator, 
executor, 
guardian 
or 
legal 
representative of the person who 
is the subject of the 
record; 
E. 
An attorney for any person specified in paragraphs A to 
D of this subsection; or 
F. 
A civilian employee or military member of the department 
when in the conduct of official duties. 
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. 
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. 
Sec. S. 37-B MRSA §744, sub-§l, 1lC, as amended by PL 2001, c. 
662, §79, is further amended to read: 
c. 
Notwithstanding 
any 
other 
provision 
of 
law 
or 
regulation, make financial grants to meet necessary expenses 
or serious needs of individuals or families caused by the 
disaster that cannot otherwise adequately be met. A grant to 
an individual or family may not exceed in the aggregate for 
any single major disaster declared by the President the 
amount established by the Federal Government for the limit 
on grants to individuals under the--ind-i-v-i4ua-1---and---family 
EJ!'aB~-~~Fam any federal disaster assistance program for 
individuals and families. 
Sec. 6. 37-B MRSA §744, sub-§4, ,A, as enacted by PL 1983, c. 
460, §3, is amended to read: 
A. 
Whenever the Governor has declared a disaster emergency 
to exist under the laws of this State, or the President has 
declared a 
major disaster or emergency to exist in this 
State, the Governor may: 
(1) 
Notwithstanding 
any 
other 
provlslon 
of 
law, 
through the use of state departments or agencies or the 
use of any of the state's instrumentalities, clear or 
remove from publicly-owned or privately-owned land or 
water, 
debris 
and wreckage whieh that may 
threaten 
public health or safety, or public or private property; 
aBe 
(2) 
Accept 
funds 
from 
the 
Federal 
Government 
and 
utilize 
those 
funds 
to 
make 
grants 
to 
any 
local 
government 
for 
the 
purpose 
of 
removing 
debris 
or 
wreckage from publicly-owned or privately-owned land or 
water-r: and 
(3) 
Notwithstanding any other provision of law, agree 
to indemnify the Federal Government against any claim 
arising from debris and wreckage removal from private 
property. 
Sec. 7. 37-8 MRSA §783, first 1, as amended by PL 2001, c. 614, 
§15 and c. 662, §84, is repealed and the following enacted in its 
place: 
Each municipality, county and regional emergency management 
agency shall prepare and keep a current disaster emergency plan 
for 
the 
area subject to its 
jurisdiction. 
That plan must 
include, without limitation: 
Sec. 8. 37-8 MRSA §1131, sub-§2, ,A, as enacted by PL 2001, c. 
662, §99, is amended to read: 
A. 
The Aej~~aR~-GeBe£al-~-~~-Ae}a~a&~-GeReFal~s Director 
of the Maine Emergency Management Agency or the director's 
designee; 
Sec. 9. 37-8 MRSA §1131, sub-§2, "J to L, as enacted by PL 
2001, c. 662, §99, are amended to read: 
read: 
J. 
The 
Me~eeFele~is~ 
National Weather Service 
this 
State 
or 
the 
Meteorologists-in-Charge; 
Meteorologists-in-Charge 
of 
the 
Forecast GEEiee Offices in GFay 
designee 
of 
the 
Me~eeFele~is~ 
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; 
aRe 
L. 
A 
representative 
of 
the 
public, 
appointed 
by 
the 
Sec. 10. 37-8 MRS A §1131, sub-§2, '1M and N are enacted to 
M. 
The Commissioner of Human Services or the commissioner's 
designee; and 
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. 
Sec. 11. 37-8 MRSA §1131, sub-§§3 and 4, as enacted by PL 2001, 
c. 662, §99, are amended to read: 
3. 
Chair. 
The 
District 
Chief 
of 
the 
United 
States 
Geological Survey Water Resources Division Maine District Office 
and the 
Aej~~aR~--Ge-ne-r-a-l--G-F---t.l:J.e---Ad-j-u-t-ant:--GeReFal~s Director of 
the Maine Emergency Management Agency or the director's designee 
shall act as cochairs of the commission. 
4. 
Teras 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 
go ve r nme n tal po sit ion • 
~he - -t.-e-FfA- - -e-f-- a - ...,r-ep-r-esent.-a-1::-i¥e- - ..f-£-€}ffi-- - th e 
ffia:feF--hy&-oe-l-eot~-i-o--peweF--qene-t'-at.-o-t"-s--is--5--yeaFsT 
Members from 
private commerce and industry serve a term as determined by the 
respective entities that they represent. 
Sec. 12. National Guard Armory. 
The Department of Defense, 
Veterans and Emergency Management shall name the National Guard 
Armory located in Caribou the Nelson J. Solman Armory. 
Sec. 13. Rescind rules. 
Veterans' 
Services 
entitled 
Assistance" may be rescinded 
approval of the Legislature. 
The 
rules 
adopted 
by 
"Chapter 
1: 
Veterans 
wi thout public comment 
SUMMARY 
the 
Maine 
Financial 
or further 
The bill allows the Adjutant. General of the Maine National 
Guard to receive excess personal property from the Uni ted States 
Department of Defense for use 
by the Department of Defense, 
Veterans and Emergency Management. 
The bill also allows a member 
of the Maine National Guard on active state service for more than 
days after September 1, 1995 to elect to be a member of the 
Maine State Retirement System, pay contributions or have pick-up 
contributions made 
on or receive any service credit for 
the 
period from September 1, 1995. 
The bill also clarifies that an 
application for a stay of court or administrative proceeding does 
not constitute an appearance. 
The bill also requires that the 
certificate of release discharge from active duty filed with any 
state, local or county government is confidential for a period of 
years. 
The bill also updates the Department of Defense, 
Veterans and Emergency Management laws. 
The bill also amends the 
membership of the River Flow Advisory Commission. 
The bill also 
allows 
the 
Department 
of 
Defense, 
Veterans 
and 
Emergency 
Management to rescind rules pertaining to financial assistance 
without public comment or further approval of the Legislature.