An Act To Create the Maine National Guard Education Assistance Program
Maine Legislature, Session 121, LD 1533
Committee: Legal and Veterans Affairs
Sponsors: CLARK, PATRICK
Amends: 37-B MRSA §152, 37-B MRSA §154, 37-B MRSA §155

Legislative Document 
No. IS33 
H.P.1126 
House of Representatives, April 8, 2003 
An Act To Create the Maine National Guard Education Assistance 
Program 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative CLARK of Millinocket. 
Cosponsored by Representative: PATRICK of Rumford. 
Printed on recycled paper 
7Jl~1??17/~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 37-B MRSA §152, sub-§2, as enacted by PL 1995, c. 684, 
§2 and affected by §5, is amended to read: 
2. 
Rental proceeds. 
ReRtoal 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 
appropr iations 
made 
for 
operation 
and 
maintenance expenses included for that purpose in the Milit.ary 
Fund. 
Sec. 2. 37-B MRSA §154, as enacted by PL 1995, c. 684, §2, is 
amended to read: 
§154. 
Capital Repair Account 
'±Be 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. 
Sec. 3. 37-B MRSA §155, as amended by PL 2001, c. 353, §l, is 
further amended to read: 
§155. 
Reimbursement fund 
The Maine National Guard may provide services in accordance 
with section 181-A, 
subsections 
and 
and section 183 
for 
federal, state, county, 
regional and municipal governments and 
agencies and nongovernmental entities and may charge for those 
services. 
'±Be 
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 Axpended 
only within the Military Bureau. 
Sec.4. 37-B MRSA c. 3, sub-c. 7-A is enacted to read: 
SUBCHAPTER 7-A 
MAlItE RATIONAL GUARD EDUCATION 
ASSISTANCE PROGRAM 
§35l. 
Maine Rational Guard Education Assistance Program 
There is established the Maine National 
Guard Education 
Assistance 
Program. 
referred to 
in this 
subchapter 
as 
"the 
program." 
§352. 
Definitions 
As used in this subchapter. unless the context otherwise 
indicates. the following terms have the following meanings. 
1. 
Course. 
"Course" means a class taught over a semester. 
trimester. quarter or term. 
2. 
Degree program. 
"Degree program" means 
a 
course of 
study designed to culminate in a 
specific degree. 
diploma or 
certificate. 
3. 
Member. 
"Member" 
means 
a 
member 
of 
a 
federally 
recognized unit of the Maine National Guard. 
4. 
State 
postsecondary 
education 
institution. 
"State 
postsecondary education institution" 
means 
the University of 
Maine System. 
the Maine Maritime Academy. 
the Maine Technical 
College 
System 
or 
any 
other 
college 
or 
university 
system 
established as a public instrumentality of this State. 
5. 
Tuition. 
"Tuition" means the total semester. trimester. 
quarter or term or credit hour cost of instruction to the student 
as periodically published in the catalog of a state postsecondary 
education institution. including mandatory fees and lab fees but 
excluding all other expenses such as book charges. room and board. 
6. 
Tuition 
benefit. 
"Tuition 
benefit" 
means 
tuition 
provided by 
the Maine 
National 
Guard using either state or 
federal funds. 
7. 
Unsatisfacto~ 
participant. 
"Unsatisfactory 
participant" 
means 
a 
member 
who 
has 
accumulated 
or 
more 
unexcused absences from unit training assemblies or who. without 
proper authorization. fails to attend or complete the entire 
period of annual training. 
§353. 
Tuition grant for member 
A member 
who meets the prerequisites of section 354 is 
entitled to a tuition benefit that may not exceed tuition costs 
incurred at any state postsecondary education institution. 
A 
member who attends classes in Maine at a regionally accredi ted 
private Maine college or university is entitled to a tuition 
benefit that may not exceed the tuition costs incurred at that 
private college or university or a tuition benefit not to exceed 
tuition assessed for 
a 
similar degree 
program at 
any state 
postsecondary 
education 
institution, 
whichever 
is 
less. 
Notwithstanding any other provision of law, the Maine National 
Guard shall use federal funds: state general funds or state funds 
from the Armory Rental Fund as established in section 152, the 
Capi tal Repair Account as established in section 154, or the 
reimbursement fund as established in section 155 or from revenue 
generated by the Maine Military Authority to pay tuition. 
§354. 
Minimum prerequisites 
To gualify for tuition. the member must: 
1. 
Basic 
training. 
Have 
successfully 
completed 
basi~ 
training or received a commission: 
2. 
Participant. 
Be a satisfactory participant in the Maine 
National Guard: and 
3. 
Contractual 
commitment. 
Enter 
into 
a 
written 
contractual commitment with the Maine National Guard to serve in 
the Maine National Guard for at least one year beyond the end of 
the term for which a tuition benefit is granted. 
§355. 
Cessation of tuition benefit 
The tuition benefit granted under this subchapter for 
a 
member ceases upon: 
1. 
Credit hours. 
Accumulation of 150 credit hours or the 
eguivalent of the tuition benefit as provided in this subchapter; 
2. 
Unsatisfacto~ 
participation. 
Unsatisfactory 
participation member in the Maine National Guard as certified to 
the 
state 
postsecondary 
education 
institution 
or 
regionally 
accredited private college or university by the Adjutant General; 
or 
3. 
Good 
academic 
standing. 
Failure 
by 
the 
member 
to 
maintain 
good 
academic 
standing 
at 
the 
state 
postsecondary 
education institution or regionally accredited private college or 
university. 
§356. 
Restitution 
Repayment of the tuition benefit is required pursuant to 
this section. 
1. 
Failure to complete. 
A member shall pay the full amount 
of 
a 
tuition benefit 
for 
each 
course 
during 
the 
preceding 
semester, trimester, quarter or term that: 
A. 
The member fails to complete; or 
B. 
The member completes but for which the member earns a 
grade lower than 2.0 on a 4.0 scale. 
2. Repay tuition. 
If the member becomes an unsatisfactory 
participant or does not remain in good academic standing with the 
state 
postsecondary 
education 
institution 
or 
regionally 
accredited private college or university, then the member shall 
repay the full amount of a tuition benefit for all courses taken 
during the preceding semester, trimester, quarter or term to the 
Maine National Guard. 
3. 
Restitution. 
If 
the 
member 
does 
not 
fulfill 
the 
member's contractual commitment to the Maine National Guard under 
section 354, subsection 3, then the Adjutant General shall notify 
the member in writing that the member is liable for restitution 
and the member shall repay the full amount of the tuition benefit 
for the last school year. 
A member 
may appeal the requirement to make restitution 
pursuant to this section if the member files a written notice of 
intent to appeal with the Adjutant General within 30 days of 
notice that the member is liable for restitution. During the 
pendency 
of 
the 
appeal, 
the 
requirement 
of 
restitution 
is 
postponed. 
If the Adjutant General determines that the member 
met the requirements for restitution as described in subsections 
1, 
or 
and 
that there 
were 
not 
sufficient extenuating 
circumstances to excuse the failure of the member to complete 
satisfactorily the course or participation in the Maine National 
Guard, 
the Adjutant General shall inform the member of this 
determination and the member shall make restitution for those 
courses for which the Adjutant General determines the member is 
liable. The decision of the Adjutant General is final and may not 
be appealed. 
§357. 
Instate tuition rates 
Regardless of the state of residence, a member who has met 
the requirements of this subchapter and is attending a state 
postsecondary education institution qualifies for instate tuition 
rates. 
§358. 
Application 
This subchapter applies to school 
semesters, 
trimesters, 
quarters or terms beginning on or after August 15, 2003. 
SUMMARY 
This bill establishes the Maine National Guard Education 
Assistance Program.