An Act To Update Department of Defense, Veterans and Emergency Management Laws
Maine Legislature, Session 125, LD 0633
Committee: Veterans and Legal Affairs
Sponsors: CROCKETT, SAVIELLO, BEAULIEU, CRAY, FARNHAM, PLOWMAN
Amends: 37-B MRSA §107, 37-B MRSA §1130

Legislative Document 
No. 633 
H.P. 463 
House of Representatives, February 17, 2011 
An Act To Update 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 Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CROCKETT of Bethel. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: BEAULIEU of Auburn, CRAY of Palmyra, Senators: FARNHAM of 
Penobscot, PLOWMAN of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA §107, as repealed and replaced by PL 1999, c. 291, §1, is 
amended to read: 
§107.  Qualifications for appointment of Adjutant General and assistant adjutant 
general 
A person appointed Adjutant General or assistant adjutant general must have attained 
the federally recognized rank of Colonel in the Maine National Guard and meet the 
criteria for federal recognition as a General Officer as prescribed by federal regulation, 10 
United States Code, Section 3282. 
Sec. 2.  37-B MRSA §1130, sub-§1, as enacted by PL 2001, c. 460, §3, is 
amended to read: 
1.  Fund established.  The Dam Repair and Reconstruction Fund, referred to in this 
section as the "fund," is established within the department.  The department shall 
administer the fund and make low-interest loans from the fund for purposes pursuant to 
this section.  The department may seek assistance from the Finance Authority of Maine 
Maine Municipal Bond Bank in administering the fund. 
Sec. 3.  37-B MRSA §1130, sub-§2, as amended by PL 2007, c. 167, §12, is 
further amended to read: 
2.  Purposes.  The department may use the fund to provide low-interest loans to 
municipalities and quasi-municipal corporations or districts for engineering, legal and 
construction costs involved in acquiring title to, establishing a long-term management 
plan for, repairs to, reconstruction of, breaching of or removal of a dam or to pay 
emergency costs incurred for actions taken pursuant to section 1114.  For the purposes of 
this section, "municipality" has the same meaning as set out in Title 30-A, section 5903, 
subsection 7-A and "quasi-municipal corporation or district" has the same meaning as set 
out in Title 30-A, section 2351, subsection 4. 
SUMMARY 
Currently the Adjutant General and assistant adjutant general must have attained the 
federally recognized rank of Colonel in the Maine National Guard. This bill requires that 
the Adjutant General and assistant adjutant general also meet the criteria for federal 
recognition as a General Officer as prescribed by federal regulation, 10 United States 
Code, Section 3282.  In addition, this bill designates the Maine Municipal Bond Bank as 
a potential administrative partner in the Dam Repair and Reconstruction Fund in place of 
the Finance Authority of Maine.  It also aligns the definition of "municipality" in the laws 
governing the fund with the definition set out under the Maine Municipal Bond Bank 
authorizing statutes, and explicitly allows quasi-municipal corporations and districts to 
apply for loans from the fund.