CHAPTER 404
H.P. 1106 - L.D. 1513
An Act To Update the Department of Defense, Veterans and Emergency Management Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17652, sub-§4 is enacted to read:
4. Certain members of the Maine National Guard. A member of the Maine National Guard who is not governed by section 17651 and who is on active state service for more than 15 consecutive days pursuant to Title 37-B may elect to be a member of the Maine State Retirement System. 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. Once a member of the Maine National Guard makes an election under this subsection, that election is irrevocable. A member of the Maine National Guard on active state service pursuant to Title 37-B may participate in the tax-deferred arrangement of chapter 67.
Sec. 2. 37-B MRSA §3, sub-§1, ¶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 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.
Sec. 3. 37-B MRSA §264, sub-§3, ¶H, as amended by PL 2001, c. 662, §28, is further amended to read:
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; and
Sec. 4. 37-B MRSA §264, sub-§3, ¶I, as enacted by PL 2001, c. 662, §29, is amended to read:
I. The Fort Fairfield Armory located at 25 Columbia Street, Fort Fairfield.; and
Sec. 5. 37-B MRSA §264, sub-§3, ¶J is enacted to read:
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.
Sec. 6. 37-B MRSA §389, as enacted by PL 2001, c. 662, §40, is repealed and the following enacted in its place:
§389. Stay of proceeding for military members
1. Stay of proceeding. 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 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 or the attorney to represent either party is not materially affected by reason of the member's military service.
2. Appearance. An application for a stay of a court or administrative proceeding pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, 50 United States Code, as amended, or this section does not constitute an appearance for any purpose.
Sec. 7. 37-B MRSA §509 is enacted to 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 for safekeeping with any state, county or local government authority is confidential for a period of 75 years following its filing. During that 75-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.
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;
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. 8. 37-B MRSA §744, sub-§1, ¶C, 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 individual and family grant program any federal disaster assistance program for individuals and families.
Sec. 9. 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 provision 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 which that may threaten public health or safety, or public or private property; and
(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.; 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. 10. 37-B MRSA §783, first ¶, 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. 11. 37-B MRSA §1131, sub-§2, ¶A, as enacted by PL 2001, c. 662, §99, is amended to read:
A. The Adjutant General or the Adjutant General's Director of the Maine Emergency Management Agency or the director's designee;
Sec. 12. 37-B MRSA §1131, sub-§2, ¶¶J to L, as enacted by PL 2001, c. 662, §99, are amended to read:
J. The Meteorologist Meteorologists-in-Charge of the National Weather Service Forecast Office Offices in Gray this State or the designee of the Meteorologist Meteorologists-in-Charge;
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; and
L. A representative of the public, appointed by the Governor.;
Sec. 13. 37-B MRSA §1131, sub-§2, ¶¶M and N are enacted to read:
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. 14. 37-B 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 Adjutant General or the Adjutant General's Director of the Maine Emergency Management Agency or the director's designee shall act as cochairs of the commission.
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. The term of a representative from the major hydroelectric power generators is 5 years. Members from private commerce and industry serve a term as determined by the respective entities that they represent.
Sec. 15. 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. 16. Rescind rules. The rules adopted by the Maine Veterans' Services entitled "Chapter 1: Veterans Financial Assistance" may be rescinded without public comment or further approval of the Legislature.
Effective September 13, 2003, unless otherwise indicated.
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