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| 2-B.__Emergency management forces.__"Emergency management forces" | means persons engaged in performing emergency management | activities, including, but not limited to, persons called out by | the Governor pursuant to an emergency proclamation under section | 742 or persons called out pursuant to section 784-A. |
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| | Sec. 7. 37-B MRSA §703, sub-§3, as enacted by PL 1983, c. 460, §3, is | amended to read: |
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| | 3. Local organization for emergency management. "Local | organization for civil emergency preparedness management" means | an organization created in accordance with this chapter by state, | county or local authority to perform local civil emergency | preparedness management functions. |
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| | Sec. 8. 37-B MRSA §704, 3rd ¶, as amended by PL 1991, c. 376, §65, is | further amended to read: |
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| | The director, subject to the direction and control of the | Adjutant General, shall be is the executive head of the agency | and shall be is responsible for carrying out the program for | civil emergency preparedness management. The director shall | coordinate the activities of all organizations for civil | emergency preparedness management within the State; shall | maintain liaison with and cooperate with civil emergency | preparedness management and public safety agencies and | organizations of other states, the Federal Government and foreign | countries, and the their political subdivisions thereof; prior to | the annual meeting required in section 782, subsection 4, shall | provide to each of the local civil emergency preparedness | management organizations of the State an annual assessment of | each organization's degree of civil emergency preparedness | management and any other information pertinent to ensuring the | public's welfare and safety within the local organization's | jurisdiction; and shall have has additional authority, duties and | responsibilities as may be prescribed by the Adjutant General. |
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| | Sec. 9. 37-B MRSA §704, 2nd ¶ from the end, as enacted by PL 1997, c. | 580, §2, is amended to read: |
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| | The director, in consultation with the Office of Chief Medical | Examiner, shall prepare a plan for the recovery, identification | and disposition of human remains in a disaster. The Office of | Chief Medical Examiner is responsible for execution of the plan, | with full cooperation and assistance from all other members of | the civil emergency preparedness management forces. |
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| | Sec. 10. 37-B MRSA c. 13, sub-c. II is amended by repealing the | subchapter headnote and enacting the following in its place: |
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| STATE EMERGENCY MANAGEMENT PROVISIONS |
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| | Sec. 11. 37-B MRSA §741, as enacted by PL 1983, c. 460, §3, is | amended to read: |
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| | 1. Control during emergencies. In the event of disaster | beyond local control, the Governor may assume direct operational | control over all or any part of the civil emergency preparedness | management and public safety functions with the State. |
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| | 2. Cooperation. In performing his duties required by this | chapter, the Governor shall, directly or through the Adjutant | General, cooperate with all departments and agencies of the | Federal Government, with the offices and agencies of other states | and foreign countries and the their political subdivisions | thereof, and with private agencies in all matters pertaining to | the civil emergency preparedness management of the State and of | the Nation. |
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| | 3. Authority. In performing his duties required by this | chapter, the Governor may: |
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| A. Make, amend and rescind the necessary orders and rules | to carry out this chapter within the limits of the authority | conferred upon him the Governor and not inconsistent with | the rules, regulations and directives of the President of | the United States or of any federal department or agency | having specifically authorized civil emergency preparedness | management functions; |
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| B. Prepare a comprehensive plan and program for the civil | emergency preparedness management of this State. That plan | and program shall must be integrated into and coordinated | with the civil emergency preparedness management plans of | federal agencies and with the plans of other states and | foreign countries, and their political subdivisions, to the | fullest possible extent; |
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| C. Coordinate the preparation of plans and programs for | civil emergency preparedness management by the political | subdivisions of the State. These plans shall must be | integrated into and coordinated with the civil emergency | preparedness management plan and program of the State to the | fullest possible extent; |
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| D. In accordance with the plan and program for the civil | emergency preparedness management of the State, and | consistent with the civil emergency preparedness management | plans, programs and directives of the Federal Government, | procure supplies and equipment, institute training programs | and public information programs and take all other | preparatory steps, including the partial or full | mobilization of civil emergency preparedness management | organizations in advance of actual disaster or catastrophe, | insure ensure the furnishing of adequately trained and | equipped forces of civil emergency preparedness management | personnel in time of need; |
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| E. Conduct studies and surveys and take inventories of the | industries, resources and facilities of the State necessary | to ascertain the state's civil State's emergency | preparedness management capabilities, and plan for their | most efficient emergency use, including emergency economic | controls to insure ensure adequate production and equitable | distribution of essential commodities; |
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| F. Whenever a shortage of critical material supplies | appears imminent in the State, establish emergency reserves | of those products necessary to ensure the health, welfare | and safety of the people of the State. To establish those | reserves, the Governor may purchase quantities of those | materials for resale on a cost plus expenses basis for | priority end users within the State; |
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| G. On behalf of the State, enter into mutual aid | arrangements with other states and foreign countries, and | their political subdivisions, and coordinate mutual aid | plans between political subdivisions of the State. If an | arrangement is entered into with a jurisdiction that has | enacted the Interstate Civil Defense and Disaster Compact, | chapter 15, any resulting agreement or agreements may be | considered supplemental agreements pursuant to Article VI of | that compact. If the other jurisdiction or jurisdictions | with which the Governor proposes to cooperate have not | enacted that compact, he the Governor may negotiate special | agreements with the jurisdiction or jurisdictions. Any | agreement, if sufficient authority for the making thereof | does not otherwise exist, becomes effective only after | approval by the Legislature; and |
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| H. Delegate any authority vested in him the Governor under | this chapter and provide for the subdelegation of that | authority. |
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| | Sec. 12. 37-B MRSA c. 13, sub-c. III is amended by repealing the | subchapter headnote and enacting the following in its place: |
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| LOCAL EMERGENCY MANAGEMENT PROGRAMS |
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| | Sec. 13. 37-B MRSA §781, as amended by PL 1987, c. 370, §16, is | further amended to read: |
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| §781. Municipal, county and regional agencies |
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| | 1. Municipal or interjurisdictional agencies. Each | municipality of the State shall must be served by a municipal or | interjurisdictional agency responsible for disaster preparedness | and coordination of disaster response. The Governor, after public | hearing, shall determine those municipalities which that shall | establish civil emergency preparedness management agencies of | their own and those which that shall participate in and provide | support for interjurisdictional civil emergency preparedness | management agencies. Those determinations shall must be based on | a finding that efficient and effective disaster prevention, | preparedness, response and recovery will be promoted by formation | of an interjurisdictional agency. The following factors shall | must be considered: |
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| A. Size and density of the affected population; |
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| B. Financial ability of the separate municipalities to | maintain independent disaster assistance agencies; and |
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| C. Vulnerability of the area to disaster, as evidenced by | past disasters, topographical features, drainage | characteristics, disaster potential and existence of | disaster-prone facilities and operations. |
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| | 2. County or regional agencies. The Governor shall designate | the counties or regions he deems the Governor determines | necessary for the purposes of establishing county or regional | civil emergency preparedness management agencies. Each | designated county or regional agency shall be is responsible for | coordination of the activities of municipal and | interjurisdictional civil emergency preparedness management | agencies within the region or county and for civil emergency | preparedness management in the unorganized territories within its | jurisdiction. A county or regional civil emergency preparedness | management agency shall must receive support from the | municipalities within its jurisdiction. |
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| | 3. Structure of interjurisdictional and regional agencies. | The director, with the approval of the Governor, shall determine | the organizational structure of interjurisdictional and regional | civil emergency preparedness management agencies, including the | manner in which the directors of those agencies shall be are | appointed by governing bodies of the municipalities involved. |
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| | 4. List of agencies. The agency shall publish and maintain a | current list of municipal, interjurisdictional, county and | regional civil emergency preparedness management agencies | established pursuant to this section. |
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| | Sec. 14. 37-B MRSA §782, as amended by PL 1991, c. 376, §66, is | further amended to read: |
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| | A director must be appointed for each local civil preparedness | emergency management agency. A director of a civil an emergency | preparedness management agency may not be at the same time an | executive officer or member of the executive body of a | municipality or interjurisdictional or regional agency of the | State or a county commissioner. Notwithstanding this section or | any other law, a town manager or administrative assistant may | also be appointed to serve as the director of a civil an | emergency preparedness management agency or as a liaison officer. | A director may be removed by the appointing authority for cause. |
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| | 1. Municipal agency director; liaison officer. The municipal | officers shall appoint the director of the municipality's civil | emergency preparedness management agency. In each municipality | that is not required to establish an agency of its own, the | municipal officers shall designate a liaison officer to the | appropriate interjurisdictional agency to facilitate cooperation | in the work of disaster prevention, preparedness, response and | recovery. |
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| | 2. County agency director. The county commissioners shall | appoint the director of that county's civil emergency | preparedness management agency. |
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| | 3. Interjurisdictional and regional agency directors. The | director of an interjurisdictional or regional civil emergency | preparedness management agency shall be is appointed in the | manner prescribed by the director in accordance with section 781, | subsection 3, and shall must be approved by the director. |
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| | 4. Annual meeting with Director of Maine Emergency Management | Agency. The director of each local organization for |
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| civil emergency preparedness management in the State and the | respective appointing authority shall meet each year with the | Director of the Maine Emergency Management Agency or the agency's | successor, in order to review the performance of the local civil | emergency preparedness management organization in carrying out | its federal and state mandate and to jointly set new goals for | the coming year. |
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| | Sec. 15. 37-B MRSA §783, first ¶, as amended by PL 1987, c. 370, §17, | is further amended to read: |
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| | Each municipal, interjurisdictional, county and regional civil | emergency preparedness management agency, in consultation with | the agency, shall prepare and keep a current disaster emergency | plan for the area subject to its jurisdiction. That plan shall | must include without limitation: |
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| | Sec. 16. 37-B MRSA §783, last ¶, as enacted by PL 1983, c. 460, §3, is | amended to read: |
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| | Each municipal, interjurisdictional, county and regional civil | emergency preparedness management agency, as part of the | development of a disaster emergency plan for the area subject to | its jurisdiction, shall consult with hospitals within its | jurisdiction to insure ensure that the disaster plans developed | by the agency and the hospitals are compatible. |
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| | Sec. 17. 37-B MRSA §784, as enacted by PL 1983, c. 460, §3, is | amended to read: |
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| §784. Mutual aid arrangements |
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| | The director of each local organization for civil emergency | preparedness management shall, in collaboration with other public | and private agencies within the State, develop or cause to be | developed mutual aid arrangements for reciprocal civil emergency | preparedness management aid and assistance in case of a disaster | too great to be dealt with unassisted. These arrangements shall | must be consistent with the state civil emergency preparedness | management program, and in time of emergency it shall be is the | duty of each local organization for civil emergency preparedness | management to render assistance in accordance with the mutual aid | arrangements. For this purpose, political subdivisions are | authorized when geographical locations make mutual aid | arrangements desirable to enter into mutual aid arrangements | subject to the approval of the director. |
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| | Sec. 18. 37-B MRSA §784-A is enacted to read: |
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| §784-A.__Right to call for and employ assistance |
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| | The Maine Emergency Management Agency and local organizations | for emergency management may employ any person considered | necessary to assist with emergency management activities.__All | persons called and employed for assistance shall proceed as | directed by the Maine Emergency Management Agency.__Any person | called and employed for assistance is deemed to be an employee of | the State for purposes of immunity from liability pursuant to | section 822 and for purposes of workers' compensation insurance | pursuant to section 823, except for persons excluded from the | definition of employee pursuant to Title 39-A, section 102, | subsection 11. |
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| | Sec. 19. 37-B MRSA §785, as amended by PL 1985, c. 785, Pt. B, | §176, is further amended to read: |
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| §785. State Civil Service Appeals Board services |
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| | Local civil emergency preparedness management agencies | organized pursuant to this subchapter may accept the services of | the Bureau of Human Resources and adopt board rules for the | purpose of qualifying for federal funds. The Bureau of Human | Resources may enter into agreements with the civil emergency | preparedness management agencies for the purpose of furnishing | merit system coverage for civil emergency preparedness management | employees or employees of other agencies and departments assigned | full time to civil emergency preparedness management duties. The | Bureau of Human Resources may charge for services rendered. The | fee shall must be consistent with the cost of coverage per state | employee multiplied by the number of local, interjurisdictional, | county or regional employees covered. Fees received by the board | shall must be credited to the General Fund. |
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| | Sec. 20. 37-B MRSA §822, as corrected by RR 1993, c. 1, §110, is | amended to read: |
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| | Neither the State nor any of its agencies or political | subdivisions nor a person called out pursuant to section 784-A, | including a voluntary and uncompensated grantor of a permit for | the use of the grantor's premises as a civil an emergency | preparedness management shelter, may, while engaged in any civil | emergency preparedness management activities and while complying | with or attempting to comply with this chapter or any rule | adopted pursuant to this chapter, be liable for the death of or | injury to any person, or damage to property, as a result of those | activities. This section does not affect the right of any person | to receive benefits to which that person would otherwise be | entitled under this chapter, under the Maine Workers' |
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| Compensation Act of 1992, under any pension law or under any act | of Congress. |
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| | Sec. 21. 37-B MRSA §823, first ¶, as amended by PL 1995, c. 462, Pt. A, | §72, is further amended to read: |
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| | All members of the civil emergency preparedness management | forces are deemed to be employees of the State while on, or | training for, civil emergency preparedness management duty. They | have all the rights given to state employees under the former | Workers' Compensation Act or the Maine Workers' Compensation Act | of 1992. All claims must be filed, prosecuted and determined in | accordance with the procedure set forth in the former Workers' | Compensation Act or the Maine Workers' Compensation Act of 1992. |
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| | Sec. 22. 37-B MRSA §823, sub-§2, as amended by PL 1995, c. 462, Pt. A, | §72, is further amended to read: |
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| | 2. Setoff. Any sums payable under any act of Congress or | other federal program as compensation for death, disability or | injury of civil emergency preparedness management workers must be | considered with the determination and settlement of any claim | brought under this section. When payments received from the | Federal Government are less than an injured member would have | been entitled to receive under this section, the injured member | is entitled to receive all the benefits to which the injured | member would have been entitled under this section, less the | benefits actually received from the Federal Government. |
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| | Sec. 23. 37-B MRSA §824, sub-§2, as enacted by PL 1983, c. 460, §3, is | amended to read: |
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| | 2. For local emergency management expenses. Each political | subdivision may make appropriations for the payment of expenses | of its local organization for civil emergency preparedness | management in the same manner as for its other ordinary expenses. | In making those appropriations, the political subdivision shall | specify the amounts and purposes for which the money appropriated | may be used by the local organizations. |
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| | Sec. 24. 37-B MRSA §825, as enacted by PL 1983, c. 460, §3, is | amended to read: |
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| | Whenever the Federal Government or any of its agencies or | officers or any person, firm or corporation offers to the State | or to any of its political subdivisions services, equipment, | supplies, materials or funds by way of gift, grant or loan, for | purposes of civil emergency preparedness management, the State, |
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| acting through the Governor, or the political subdivision, acting | through its executive officer or governing body, may accept that | offer. Upon acceptance, the Governor of the State or the | executive officer or governing body of the political subdivision | may authorize any officer of the State or of the political | subdivision, as the case may be, to receive those services, | equipment, supplies, materials or funds on behalf of the State or | the political subdivision subject to the terms of the offer and | the rules and regulations, if any, of the agency making the | offer. |
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| | Sec. 25. 37-B MRSA §826, as amended by PL 1983, c. 816, Pt. B, §18, | is further amended to read: |
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| §826. Transfer of equipment |
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| | Subject to the approval of the Governor, the director may | convey equipment, supplies, materials or funds by sale, lease or | grant to any political subdivision of the State for civil | emergency preparedness management purposes. The conveyance shall | be is subject to the terms of the offer and the applicable state | rules and federal regulations. |
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| | Sec. 26. 37-B MRSA §§829, 831 and 832, as enacted by PL 1983, c. 460, | §3, are amended to read: |
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| | It shall be is the duty of every agency for civil emergency | preparedness management established pursuant to this chapter and | of the officers to execute and enforce orders and rules adopted | by the Governor under authority of this chapter. Each civil | emergency preparedness management agency shall have available for | inspection at its office all orders and rules made by the | Governor or issued under his the Governor's authority. |
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| §831. Utilization of existing services and facilities |
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| | In carrying out this chapter, the Governor and the executive | officers or governing bodies of the political subdivisions of the | State shall utilize the services and facilities of existing | departments, offices and agencies of the State and all the their | political subdivisions thereof to the maximum extent practicable. | The officers and personnel of all departments, offices and | agencies shall cooperate with and extend their services and | facilities to the Governor and to the civil emergency | preparedness management organizations of the State upon request. |
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| §832. Political activity prohibited |
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| | No civil An emergency preparedness management organization | established under the authority of this chapter may not | participate in any form of political activity, nor and may it not | be employed directly or indirectly for political purpose. |
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| | Sec. 27. 37-B MRSA §§1005 and 1006, as amended by PL 1991, c. 797, | §18, are further amended to read: |
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| §1005. Intentional injury or interference with property |
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| | Whoever intentionally destroys, impairs, injures, interferes | or tampers with real or personal property with reasonable grounds | to believe that that person's act will hinder, delay or interfere | with the preparation of the United States or of any of the states | for defense or for war, or with the prosecution of war by the | United States, or with preparations and plans for civil emergency | preparedness management, or with the execution thereof of those | preparations and plans under chapter 13 commits a Class B crime. |
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| §1006. Intentional defects |
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| | Whoever intentionally makes or causes to be made or omits to | note on inspection any defect in any article or thing with | reasonable grounds to believe that the article or thing is | intended to be used in connection with the preparation of the | United States or any of the states for defense or for war, or for | the prosecution of war by the United States, or with preparations | and plans for civil emergency preparedness management, or with | the execution of those preparations and plans under chapter 13, | or that the article or thing is one of a number of similar | articles or things, some of which are intended so to be used, | commits a Class B crime. |
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| | Sec. 28. 37-B MRSA §1009, as enacted by PL 1983, c. 460, §3, is | amended to read: |
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| §1009. Unlawful entry on property |
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| | Any individual, partnership, association, corporation, | municipal corporation or state or any of its political | subdivisions engaged in, or preparing to engage in, the | manufacture, transportation or storage of any product to be used | in the preparation of the United States or of any of the states | for defense or for war, or in the prosecution of war by the | United States, or with preparations and plans for civil emergency | preparedness management, or with the execution of these | preparations and plans under chapter 13, or the manufacture, | transportation, distribution or storage of gas, oil, coal, |
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| electricity or water, or any individual, partnership, | association, corporation, municipal corporation or state or any | of its political subdivisions operating a public utility, whose | property, except where it fronts on water or where there are | entrances for railway cars, vehicles, persons or things, is | surrounded by a fence or wall, or a fence or wall and buildings, | may post around that property at each gate, entrance, dock or | railway entrance and every 100 feet of water front waterfront a | sign reading "No Entry Without Permission." Any person who | intentionally enters upon premises posted in that manner without | the permission of the owner is guilty of a Class E crime. |
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| | Sec. 29. 37-B MRSA §1011, first and 2nd ¶¶, as enacted by PL 1983, c. | 460, §3, are amended to read: |
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| | Any individual, partnership, association, corporation, | municipal corporation or state or any of its political | subdivisions engaged in or preparing to engage in the | manufacture, transportation or storage of any product to be used | in the preparation of the United States or any of the states for | defense or for war, or in the prosecution of war by the United | States, or with preparations and plans for civil emergency | preparedness management, or with the execution of those | preparations and plans under chapter 13, or in the manufacturer | manufacture, transportation, distribution or storage of gas, oil, | coal, electricity or water, or any individual, partnership, | association, corporation, municipal corporation or state or any | of its political subdivisions operating a public utility, who has | property so used which he that the person or it believes will be | endangered if public use and travel is not restricted or | prohibited on one or more highways or parts thereof of a highway | or highways upon which the property abuts, may petition the | highway commissioners of any city, town or county to close one or | more of those highways or parts thereof of a highway or highways | to public use and travel or to restrict by order the use and | travel upon one or more of the highways or parts thereof of a | highway or highways. |
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| | Upon receipt of the petition, the highway commissioners shall | set a day for a hearing and publish notice of the hearing in a | newspaper having general circulation in the city, town or county | in which the property is located. The notice shall must be | published at least 7 days prior to the date set for the hearing. | If, after the hearing, the highway commissioners determine that | the public safety and the safety of the property of the | petitioner require, they shall, by suitable order, close to | public use and travel, or reasonably restrict the use of and | travel upon one or more of those highways or parts thereof of one | or more of those highways. The highway commissioners may issue | written permits for travel over the closed or restricted highways |
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| to responsible and reputable persons for such term, under such | conditions and in such form as they may prescribe. Appropriate | notices in letters at least 3 inches high shall must be posted | conspicuously at each end of any highway closed or restricted by | the order. The highway commissioners may at any time revoke or | modify the order. |
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| | This bill is the recommendation of the Commission to Study the | Implementation of a Unified Emergency Response for Emergency | Releases and Spills of Toxic or Hazardous Materials. It | clarifies who may call out and be called out to assist with | emergency management activities. It also clarifies who, while | assisting with emergency management activities, may be deemed to | be an employee of the State for purposes of immunity from | liability and for purposes of workers' compensation coverage. | The bill also changes the term "civil emergency preparedness" to | "emergency management." |
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