Maine Revised Statutes Title 37-B Sec. 741 – Governor’s powers
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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 emergency management and public safety functions within the State.
[PL 2003, c. 510, Pt. A, §34 (RPR).]
Terms Used In Maine Revised Statutes Title 37-B Sec. 741
- Disaster: means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, extreme public health emergency pursuant to Title 22, section 802, subsection 2-A, air contamination, blight, drought, critical material shortage, infestation, explosion, riot or hostile military or paramilitary action. See Maine Revised Statutes Title 37-B Sec. 703
- Emergency management: means the coordination and implementation of an organized effort to mitigate against, prepare for, respond to and recover from a disaster. See Maine Revised Statutes Title 37-B Sec. 703
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Homeland security: means a concerted national effort to prevent and disrupt terrorist attacks, protect against man-made and natural hazards and respond to and recover from incidents that do occur. See Maine Revised Statutes Title 37-B Sec. 703
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Recovery: means activities that, in the short term, return vital life support systems to minimum operating standards and, in the long term, redevelop a disaster area to preexisting conditions or to conditions that are less disaster prone and activities that assist families and businesses to return to a normal or improved state of being. See Maine Revised Statutes Title 37-B Sec. 703
- Response: means those activities designed to provide emergency assistance to victims of a disaster and reduce the likelihood of secondary damage. See Maine Revised Statutes Title 37-B Sec. 703
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Cooperation. In performing the duties required by this chapter, the Governor shall, directly or through the commissioner, cooperate with all departments and agencies of the Federal Government, with the offices and agencies of other states and foreign countries and their political subdivisions and with private agencies in all matters pertaining to the emergency management capability of the State and of the Nation.
[PL 2003, c. 510, Pt. A, §34 (RPR).]
3. Authority. In performing the duties required by this chapter, the Governor may:
A. Make, amend and rescind the necessary orders and rules to carry out this chapter within the limits of the authority conferred upon 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 emergency management or homeland security functions; [PL 2013, c. 146, §9 (AMD).]
B. Prepare a comprehensive plan and program for the emergency management functions of this State. That plan and program must be integrated into and coordinated with the emergency management plans of federal agencies and with the plans of other states and foreign countries, and their political subdivisions, to the fullest possible extent; [PL 2003, c. 510, Pt. A, §34 (RPR).]
C. Coordinate the preparation of plans and programs for emergency management functions by the political subdivisions of the State. These plans must be integrated into and coordinated with the emergency management plan and program of the State to the fullest possible extent; [PL 2003, c. 510, Pt. A, §34 (RPR).]
D. In accordance with the plan and program for the emergency management functions of the State, and consistent with the emergency management and homeland security 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 emergency management organizations in advance of actual disaster or catastrophe, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need; [PL 2013, c. 146, §10 (AMD).]
E. Conduct studies and surveys and take inventories of the industries, resources and facilities of the State necessary to ascertain the State’s emergency management capabilities, and plan for their most efficient emergency use, including emergency economic controls to ensure adequate production and equitable distribution of essential commodities; [PL 2003, c. 510, Pt. A, §34 (RPR).]
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; [PL 2003, c. 510, Pt. A, §34 (RPR).]
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 Emergency Management Assistance Compact, chapter 16, or the International Emergency Management Assistance Compact, chapter 16?A, any resulting agreement or agreements may be considered supplemental agreements pursuant to those compacts. If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate have not enacted one of those compacts, the Governor may negotiate special agreements with the jurisdiction or jurisdictions. Any agreement, if sufficient authority for its making does not otherwise exist, becomes effective only after approval by the Legislature; [PL 2013, c. 146, §11 (AMD).]
G-1. Establish and ensure maintenance of a primary facility designated as the State Emergency Operations Center from which the emergency coordination of response to and recovery from a disaster may be effectively carried out and ensure the identification of an alternate site that may be used for this purpose if necessary; and [PL 2013, c. 146, §12 (NEW).]
H. Delegate any authority vested in the Governor under this chapter and provide for the subdelegation of that authority. [PL 2003, c. 510, Pt. A, §34 (RPR).]
[PL 2013, c. 146, §§9-12 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 614, §11 (AMD). PL 2001, c. 662, §78 (AMD). PL 2003, c. 510, §A34 (RPR). PL 2009, c. 252, §1 (AMD). PL 2013, c. 146, §§9-12 (AMD).