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Chapter 3: MILITARY BUREAU

Subchapter 1: ORGANIZATION OF STATE MILITARY FORCES

§101. Purpose

The Military Bureau has jurisdiction over and responsibility for the administration of the state military forces and the Maine Military Authority.  [2003, c. 342, §1 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 2003, Ch. 342,  §1 (AMD).

§101-A. Definitions

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.  [1995, c. 196, Pt. B, §1 (amd).]

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

PL 1987, Ch. 230,  §1 (NEW).

PL 1995, Ch. 196,  §B1 (AMD).

§102. Composition

1.  State military forces. The state military forces shall consist of:   [2003, c. 342, §2 (amd).]

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, but not the Maine Military Authority; and

[2003, c. 342, §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.

[2001, c. 662, §15 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 2001, Ch. 662,  §15 (AMD).

PL 2003, Ch. 342,  §2 (AMD).

§103. Commander in Chief

The Governor shall be the constitutional Commander in Chief of the military forces of the State, except for components thereof which may, at times, be in the service of the United States. It shall be the duty of the Governor as Commander in Chief to prescribe orders, rules and other administrative procedures necessary to maintain the standard of organization and armament for the state military forces required by the laws and regulations of the United States. Subject to regulations prescribed by the federal military establishment, the Governor shall establish administrative procedures necessary to insure that adequate numbers of officers, warrant officers and enlisted men are appointed, commissioned and enlisted into the state military forces.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§104. Governor's military staff

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

1.  Adjutant General. The Adjutant General, who is chief of staff;  [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  [1983, c. 460, §3 (new).]

3.  Other staff officers. Other staff officers as appointed from time to time   [2001, c. 662, §16 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 2001, Ch. 662,  §16 (AMD).

§105. Staff organization

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.  [2003, c. 646, §4 (amd).]

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

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

3.  Maine Veterans' Home Bonding Authority. [1993, c. 680, Pt. A, §32 (rp).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1987, Ch. 370,  §12 (AMD).

PL 1993, Ch. 680,  §A32 (RPR).

PL 2003, Ch. 646,  §4 (AMD).

§106. Assistant adjutants general

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.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§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.  [1999, c. 291, §1 (rpr).]

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

2.  Service. [1999, c. 291, §1 (rp).]

3.  Meet federal criteria for recognition. [1999, c. 291, §1 (rp).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1983, Ch. 594,  §3 (AMD).

PL 1999, Ch. 291,  §1 (RPR).

§108. Designation of Deputy Adjutant General

The assistant adjutant general for the Maine Army National Guard or the assistant adjutant general for the Maine Air 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.  [1991, c. 376, §64 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1983, Ch. 512,  §1 (RPR).

PL 1991, Ch. 376,  §64 (AMD).

§109. Deputy Adjutant General as bureau director (REPEALED)

PL 1983, Ch. 460,  §3 (NEW).

PL 1987, Ch. 634,  §4 (RP ).

§110. Other staff; aides-de-camp (REPEALED)

PL 1983, Ch. 460,  §3 (NEW).

PL 2001, Ch. 662,  §17 (RP ).

§110-A. Honorary military staff

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.  [2001, c. 662, §18 (new).]

PL 2001, Ch. 662,  §18 (NEW).

§111. Enlisted personnel

As used in this chapter, "enlisted man" or "enlisted men" means enlisted personnel, male or female.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§112. State Area Command

The Adjutant General shall organize a staff to be called a State Area Command, STARC. It shall command, control and supervise Army 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 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. It must be commanded by a federally recognized officer who may be the Adjutant General or an Assistant Adjutant General.  [2001, c. 662, §19 (amd).]

PL 1985, Ch. 16,  § (NEW).

PL 2001, Ch. 662,  §19 (AMD).

Subchapter 2: ADMINISTRATION

§141. Military Bureau accounts; Military Fund

All military accounts, unless otherwise specially provided by law, shall be approved by the person authorized to contract the accounts and transmitted to the Adjutant General for his examination and approval. They shall then be presented to the State Controller.  [1983, c. 460, § 3 (new).]

For the current expenses of the state military forces, there shall be appropriated biennially a sum known as the "Military Fund" which is necessary for the proper administration of the Military Bureau.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§142. Military personnel; appointment of officers; enlistment of enlisted personnel

Except as otherwise provided in this chapter, the qualifications for appointment of officers and enlistment of enlisted personnel and the procedures for promoting, transferring, discharging, equipping, uniforming and training personnel of the state military force shall be consistent with federal laws and regulations prescribed for the National Guard.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§143. Pay and allowances

1.  Pay and allowances. Members of the Maine National Guard ordered to active state service under this Title, except under section 150, are entitled to receive at least the same pay and allowance as would be payable to those persons from the United States Armed Forces. The member's pay, except for that pay of those members serving under section 150, must include a minimum pay based upon at least 12 hours a day at the state minimum wage.  [1997, c. 455, §13 (new).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1983, Ch. 594,  §4 (AMD).

PL 1997, Ch. 455,  §13 (RPR).

§144. Civilian employees

The Commander in Chief may authorize the employment of civilian personnel in organizations in which there are vacancies of necessary personnel when the organizations are on duty under his orders or are called upon in aid of civil authorities. These civilian personnel, during this employment, are subject to the laws and regulations for the government of the state military forces and shall receive pay commensurate with these duties.  [1983, c. 594, § 5 (rpr).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1983, Ch. 594,  §5 (RPR).

§145. Property and fiscal officer

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.  [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.  [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 his duties and for the safekeeping and proper disposition of federal property and funds entrusted to his care. The amount of the bond shall be determined by the United States Secretary of the Army or the United States Secretary of the Air Force.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§146. Property purchase

1.  Conflict of interest. No officer authorized to make purchases or sales of military property may be personally interested, directly or indirectly, in the purchase or sale of the property; nor may an officer take pay other than that allowed by law for negotiating or transacting the business of his office.  [1983, c. 460, §3 (new).]

2.  Inspection of property. All property purchased under the authority of this chapter shall be inspected by an officer designated by the Adjutant General. No payment may be made for the property until the inspecting officer certifies that the property is of the kind and quality specified in the contract of purchase.  [1983, c. 460, §3 (new).]

3.  Indebtedness contracted without authorization. No officer or enlisted member may contract or authorize the contracting of any indebtedness on behalf of the State, unless expressly authorized to do so.  [2001, c. 662, §20 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 2001, Ch. 662,  §20 (AMD).

§147. Retired officers and retired list

Officers are retired from the state military forces and placed on the retired list as follows.  [2001, c. 662, §21 (amd).]

1.  Discharge. Any officer who accepts an appointment in the Army, Air Force, Navy, Marine Corps or Coast Guard of the United States, or who resigns from service, must receive an honorable discharge, only if:   [2001, c. 662, §21 (amd).]

A. That person is not under arrest or returned to a military court for any deficiency or delinquency;

[2001, c. 662, §21 (amd).]

B. That person is not indebted to the State in any manner; and

[2001, c. 662, §21 (amd).]

C. The accounts of that person for money and public property are correct.

[2001, c. 662, §21 (amd).]

2.  Rights. Any person who has served as a commissioned officer in the state military forces for at least 9 years may, upon personal request, be placed upon the retired list. When placed upon the retired list, an officer must be given the highest rank that person held and federally recognized during the person's term of service. Retired officers are entitled to wear the uniform of the rank with which they were retired. No commissioned officer in the state military forces may be removed from office without the person's consent, except by sentence of a court-martial or by a board of officers in a manner prescribed by law.  [2003, c. 583, §5 (amd).]

3.  Active state service. Whenever the occasion requires, the Governor, the Adjutant General or Deputy Adjutant General, with the individual's consent, may order to active state service any retired officer, warrant officer or enlisted person, with or without pay and allowances of that person's grade while performing the service.  [2001, c. 662, §21 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1995, Ch. 196,  §A1 (AMD).

PL 2001, Ch. 662,  §21 (AMD).

PL 2003, Ch. 583,  §5 (AMD).

§148. Discharge

An enlisted person discharged from the state military forces shall receive a discharge in the form and with the classification prescribed for the federal military establishment. Discharges may be given prior to the expiration of periods of enlistment under these regulations, not inconsistent with those established by the national military establishment for the government of the National Guard, as the Governor may prescribe.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§149. New organizations

When authorized by the national military establishment, new organizations may be raised on petition to the Governor, or by his order. When the minimum number of persons required by law has been enlisted and notice thereof given to the Governor, he shall order an inspection to be made by an officer of the National Guard, and if it is found that the condition contemplated by law for federal recognition can be met by the new organization, the Governor shall appoint commissioned officers for the new unit and request an inspection to be made by an officer of the national military establishment with a view to federal recognition.  [1983, c. 460, § 3 (new).]

PL 1983, Ch. 460,  §3 (NEW).

§150. Unauthorized volunteer service

A unit of the state military forces may not perform any voluntary active state service, unless authorized by express order of the Governor.  [1995, c. 196, Pt. A, §2 (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, unless authorized by express order of the Governor, the Adjutant General or the Deputy Adjutant General.  [1995, c. 196, Pt. A, §2 (new).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1995, Ch. 196,  §A2 (AMD).

§151. Military Lodging Fund

The Military Bureau may operate and maintain lodging facilities for military personnel and collect a quarters fee on behalf of both the federal government and the Military Bureau. The fees will fund these lodging facilities. That portion of the fees due the Federal Government will be transferred to the United States Property and Fiscal Officer on a quarterly basis or as requested. Any balances remaining at the end of the fiscal year do not lapse but must be carried forward to be used for the purposes stated in this section.  [1997, c. 455, §14 (amd).]

PL 1983, Ch. 594,  §6 (NEW).

PL 1997, Ch. 455,  §14 (AMD).

§152. Armory Rental Fund; authority to rent armories

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.  [1995, c. 684, §2 (new); §5 (aff).]

2.  Rental proceeds. Except as provided in section 353, rental proceeds from the rental of armories 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. 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.  [2003, c. 488, §1 (amd); §5 (aff).]

PL 1995, Ch. 684,  §2 (NEW).

PL 1995, Ch. 684,  §5 (AFF).

PL 2003, Ch. 488,  §1 (AMD).

PL 2003, Ch. 488,  §5 (AFF).

§153. Authority to rent armories

The Military Bureau may rent armories for activities that do not conflict with the military training mission.  [1995, c. 684, §2 (new).]

PL 1995, Ch. 684,  §2 (NEW).

§154. Capital Repair Account

Except as provided in section 353, the Capital Repair Account is established in the Military Bureau as a nonlapsing fund to assist in defraying the capital repair of state-owned properties of the Military Bureau. The bureau may not spend $300,000 or more for any single capital repair project 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 project costing less than $300,000.  [2003, c. 488, §2 (amd); §5 (aff).]

PL 1995, Ch. 684,  §2 (NEW).

PL 2003, Ch. 488,  §2 (AMD).

PL 2003, Ch. 488,  §5 (AFF).

§155. Reimbursement fund

The Maine National Guard may provide services in accordance with section 181-A, subsections 4 and 5 and section 183 for federal, state, county, regional and municipal governments and agencies and nongovernmental entities and may charge for those services. Except as provided in section 353, the fees collected must first be allocated for funding the cost of providing those services, and any remaining fees may be expended only within the Military Bureau.  [2003, c. 488, §3 (amd); §5 (aff).]

PL 1997, Ch. 455,  §15 (NEW).

PL 2001, Ch. 353,  §1 (AMD).

PL 2003, Ch. 488,  §3 (AMD).

PL 2003, Ch. 488,  §5 (AFF).

§156. Loring Center of Excellence Operations and Maintenance Fund

The Loring Center of Excellence Operations and Maintenance Fund is established in the Military Bureau as a nonlapsing fund in order that the Commissioner of the Department of Defense, Veterans and Emergency Management may accept funds from the Department of Defense, Department of the Army, Department of the Air Force, Department of the Navy or the National Guard Bureau, or any instrumentality thereof, as necessary to carry out the purpose of any cooperative agreement between the Military Bureau and the Department of Defense, Department of the Army, Department of the Air Force, Department of the Navy or the National Guard Bureau, or any instrumentality thereof. The Treasurer of the State shall credit all interest on fund balances to the Loring Center of Excellence Operations and Maintenance Fund.  [1999, c. 401, Pt. K, §3 (new); 2001, c. 374, §9 (aff).]

PL 1999, Ch. 401,  §K3 (NEW).

PL 2001, Ch. 374,  §9 (AFF).

§157. Maine Military Authority Enterprise Fund

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:  [2003, c. 646, §5 (new).]

A. Operating the Maine Readiness Sustainment Maintenance Center; and

[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.

[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:  [2003, c. 646, §5 (new).]

A. Appropriations made to the account;

[2003, c. 646, §5 (new).]

B. Funds transferred to the account from within the department;

[2003, c. 646, §5 (new).]

C. Funds received for the purposes stated in subsection 1, paragraph B;

[2003, c. 646, §5 (new).]

D. Earnings from the fund from the Treasurer of State's cash pool; and

[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.

[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.  [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.  [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.  [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.  [2005, c. 12, Pt. MMM, §1 (new).]

PL 2001, Ch. 374,  §7 (NEW).

PL 2003, Ch. 646,  §5 (RPR).

PL 2005, Ch. 12,  §MMM1 (AMD).

§158. Maine Military Family Relief Fund

The Maine Military Family Relief Fund is established as a nonlapsing fund administered according to rules adopted by the Adjutant General. The Adjutant General is authorized to make grants from the Maine Military Family Relief Fund to families of persons who are members of the Maine National Guard or residents of the State who are members of the Reserves of the Armed Forces of the United States who have been called to military duty. The Military Bureau shall adopt rules establishing eligibility criteria for the grants. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.  [2003, c. 703, §2 (new).]

PL 2003, Ch. 703,  §2 (NEW).

Subchapter 3: ACTIVATION OF STATE MILITARY FORCES

§181. Authority to activate (REPEALED)

PL 1983, Ch. 460,  §3 (NEW).

PL 1989, Ch. 850,  §4 (AMD).

PL 1995, Ch. 600,  §1 (RP ).

§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.  [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.  [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.  [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.  [1995, c. 600, §2 (new).]

5.  Military duty by consent. The Governor, or the Governor's designee, may order a member of the Maine National Guard, with that member's consent, to perform active state service of any nature.  [1995, c. 600, §2 (new).]

PL 1995, Ch. 600,  §2 (NEW).

§182. Proclamation of state of insurrection

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.  [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.  [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.  [1995, c. 600, §3 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1983, Ch. 594,  §7 (AMD).

PL 1995, Ch. 600,  §3 (AMD).

§183. Human health emergencies

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

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

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

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

4.  Reimbursement. [1995, c. 600, §4 (rp).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1983, Ch. 594,  §8 (AMD).

PL 1987, Ch. 334,  § (AMD).

PL 1995, Ch. 600,  §4 (AMD).

PL 2003, Ch. 414,  §B69 (AMD).

PL 2003, Ch. 414,  §D7 (AFF).

PL 2003, Ch. 614,  §9 (AFF).

PL 2003, Ch. 689,  §B7 (REV).

§184. Notice for duty

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

PL 1983, Ch. 460,  §3 (NEW).

PL 1995, Ch. 600,  §5 (AMD).

§185. Rights and liabilities of military force members

1.  Immunity from civil and criminal liability. A member of the state military forces may not be liable civilly or criminally for any act done or caused, ordered or directed to be done by that member while on active state service in the performance of that member's duty. If an action of any nature has been commenced in any court by any person against an officer or enlisted member of the state military forces for such an act, done or caused, ordered or directed to be done, all expenses of the defense of the action, including fees of witnesses for the defense, defendant's court costs, and all costs for transcripts of records and abstract thereof on appeal, must be paid by the State out of the Military Fund. When the action is civil, it is the duty of the Attorney General to defend that officer or enlisted member. When the action is criminal, the Adjutant General shall designate a judge advocate of the National Guard or other authorized state military or naval force to conduct the defense of the member. If the services of a judge advocate are not available, the Adjutant General shall select some other competent attorney to conduct the defense. In any civil action, the defendant may require the person instituting the action to file security for payment of costs that may be awarded the defendant, which costs, if paid out of the Military Fund, when received, must be paid into the State Treasury and credited to the Military Fund.  [1995, c. 196, Pt. B, §2 (amd).]

2.  Exemption from arrest. Persons belonging to the state military forces are exempt from arrest as follows.  [2001, c. 662, §22 (amd).]

A. Every person belonging to the state military forces, in all cases except a crime punishable by a maximum term of imprisonment equal to or exceeding one year or breach of the peace, is privileged from arrest while going to, attending or returning from active state service or federal military duty.

[2001, c. 662, §22 (amd).]

B. On the day of any active state service or federal military duty, no officer or enlisted member may be arrested in a civil action or mesne process, or on a warrant for taxes; nor may that person be arrested on the day of annual Thanksgiving; Patriots' Day; Memorial Day; July 4th; Labor Day; Veterans' Day, November 11th; or Christmas.

[2001, c. 662, §22 (amd).]

3.  Exemption from jury duty. Every member of the state military forces, while going to, attending or returning from active state service or federal military duty, is exempt from jury duty. Production of a certificate from the claimant's commanding officer that the person qualifies for the exemption is prima facie proof that the person is entitled to the exemption.  [2001, c. 662, §22 (amd).]

4.  Rights of a law enforcement officer. A commissioned officer of the state military forces when called to active state service under section 181-A, subsection 1, in addition to such other rights conferred by this chapter and otherwise by law, has the rights, authority and immunities of a law enforcement officer.  [2001, c. 662, §23 (amd).]

PL 1983, Ch. 460,  §3 (NEW).

PL 1983, Ch. 594,  §9,10 (AMD).

PL 1995, Ch. 196,  §B2 (AMD).

PL 1995, Ch. 600,  §6 (AMD).

PL 2001, Ch. 662,  §22,23 (AMD).

§186. Injuries sustained in connection with military duty

1.  Compensation as state employee. A member of the state military forces receives compensation as a state employee according to the provisions of Title 39-A and this section.  [2001, c. 662, §24 (amd).]

A. Duty status is as follows.

(1) The types of duty that are covered are:

(a) Active state service as defined by section 101-A, whether performed with or without compensation.

(2) The types of duty that are not covered are:

(d) Federal technician civilian duty under the United States Code, Title 32, Section 709; and

(e) Military duty performed pursuant to the United States Code, Title 10.

[2001, c. 662, §24 (amd).]

B. Types of injuries cognizable are as follows:

(1) The injury, disability or disease must have been received, incurred or contracted while in active state service;

(2) Service members must be under the control and supervision of the military. Incidents occurring during periods of leave or pass are not compensable; and

(3) An injury, disability or disease received not incident to duty or contracted with willful negligence or misconduct is not compensable.

[2001, c. 662, §24 (amd).]

C. Preconditions for benefits under Title 39-A are as follows:

(1) Federal income maintenance benefits must be applied for and, if they exceed comparable Title 39-A benefits, must be exhausted by the member before receiving weekly compensation benefits under Title 39-A. Medical care at military or Veterans' Administration facilities, civilian care paid for by the military forces and other benefits furnished by the military force or the Veterans' Administration, including military programs offered to retrain or occupationally rehabilitate the service member, must be used before entitlement to benefits under Title 39-A. Military programs are fully creditable under Title 39-A in an approved plan of rehabilitation; and

(2) Title 39-A benefits are based on inability to perform the service member's usual occupation.

[2001, c. 662, §24 (amd).]