CHAPTER 342
S.P. 516 - L.D. 1537
An Act Regarding the Maine Military Authority and the Sale of the Fort Fairfield Armory
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Military Authority is encountering substantial difficulties in executing its cooperative agreements with the United States Department of Defense, National Guard Bureau because it is not absolutely clear that the Maine Military Authority, while not part of the State's combat forces that may be activated by the Governor, is part of the Maine National Guard within the Department of Defense, Veterans and Emergency Management, Military Bureau; and
Whereas, the Military Bureau, Maine National Guard employs close to 200 employees at the former Loring Air Force Base and the Maine Military Authority is funded solely by federal funds; and
Whereas, the Military Bureau, Maine National Guard plans to bid on a large federal contract within the next few months before nonemergency legislation would take effect and clarification in this Act will facilitate the continued operation and expansion of the Maine Military Authority; and
Whereas, the Adjutant General needs legislative confirmation that transferring the Fort Fairfield Armory to the Town of Fort Fairfield for the negotiated price is within the parameters set forth by the Legislature; and
Whereas, the Town of Fort Fairfield has secured grant funding to rehabilitate the armory and must take ownership of the armory as soon as possible or risk losing the grant money; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 37-B MRSA §101, as enacted by PL 1983, c. 460, §3, is amended to read:
The Military Bureau shall have has jurisdiction over and responsibility for the administration of the state military forces and the Maine Military Authority.
Sec. 2. 37-B MRSA §102, sub-§1, ¶A, as enacted by PL 1983, c. 460, §3, is amended to read:
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
Sec. 3. 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 by means of a quitclaim deed, subject to all easements of record, to the inhabitants of the Town of Fort Fairfield for the sum of $1 as long as the inhabitants of the Town of Fort Fairfield agree to indemnify and hold harmless the State from all claims, including any environmental clean-up costs that may arise from the land or buildings constituting the Fort Fairfield Armory and this transfer is determined to be a transfer for not less than appraised value as specified in subsection 1 in view of the economic conditions of northern Aroostook County, the financial contributions made by the Town of Fort Fairfield to the armory and the environmental conditions existing at the site.
Sec. 4. 37-B MRSA §391, as enacted by PL 2001, c. 374, §8, is amended to read:
§391. Maine Military Authority established
The Maine Military Authority is established as a body corporate and politic and a public instrumentality of the State Military Bureau, Maine National Guard, and the exercise of the powers conferred by this chapter is deemed and held to be the performance of essential governmental functions. The authority consists of the Maine Readiness Sustainment Maintenance Center and shall report to the Adjutant General. The authority exists for the purpose of, but is not limited to, operating the existing Maine Readiness Sustainment Maintenance Center, which maintains, rebuilds, repairs, stores and manufactures equipment for the United States Department of Defense, National Guard Bureau, and maintaining, rebuilding, repairing, storing and manufacturing equipment for the State and its political subdivisions, for the United States Department of the Army, Department of the Air Force, Department of the Navy and Department of the Treasury and for foreign governments in conjunction with the foreign military sales program of the United States Department of Defense.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 29, 2003.
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