2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 3: ACTIVATION OF STATE MILITARY FORCES › 37-B §181-A. Authority to activate

§181-A. Authority to activate
1.  By order of the Governor.
The Governor may order members of the state military forces to active state service in the case of, or imminent danger of, insurrection, invasion, tumult, riot, conspiracy to commit a felony or threat of violence to persons or property or upon the reasonable apprehension thereof; or for the safety of the inhabitants of this State; or, in the case of actual or imminent public disaster, to the aid of any civil authority.
[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).]
SECTION HISTORY
PL 1995, c. 600, §2 (NEW). PL 2015, c. 120, §1 (AMD). PL 2019, c. 341, §9 (AMD).