An Act To Update Department of Defense, Veterans and Eqlergency Management Laws
Maine Legislature, Session 124, LD 1327
Committee: Legal and Veterans Affairs
Sponsors: TRINW ARD, PLOWMAN
Amends: 37-B MRSA §460, 37-B MRSA §461, 37-B MRSA §536, 37-B MRSA §601

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
(~ 
L} 
..... 
124th:MAINE LEGISLATURE 
Legislative Document 
No. 1327 
H.P.931-
House of Representatives, March 31,2009 
An Act To Update Department of Defense, Veterans and Eqlergency 
Management Laws 
Submitted by the Department of Defense, Veterans and Emergency Managem'ent pursuant 
to Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative TRINW ARD of Waterville. 
Cosponsored by Senator PLOWMAN of Penobscot and 
Representative: CORNELL du HOUX of Bnmswick. 
Printed l'll recycled pllpt:r 
'-7r/~.1J1.1l!iI£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 37-B MRSA §460 is enacted to read: 
§460. Behavior that is prejudicial to good order and discipline of military forces or 
that discredits military forces 
Any person subject to this Code who behaves in a manner that is prejudicial to the 
good order and discipline of the military forces or that discredits the inilitary' forces must 
be punished as a coul1-maI1ial may direct. 
Sec. 2~ 37-B MRSA §461 is enacted to read: 
§461. Violations of state or federal criminal law 
Any person subject to this Code who violates any state or federal criminal law must 
be punished as a cOUl1-martial may direct. 
Sec. 3. 37-B MRSA §S03, sub-§l, as aInended by PL 2001, c. 662, §61, IS 
fUl1her amended to read: 
1. Employment of personne'" The director may employ, subject toapproval of the 
appointing authority and the Civil Service Law, the personnel necessary to administer this 
chapter. The director may employ a director superintendent of the cemetery system, a 
.. veteran claims specialist and veteran advocates service officers. The director and other 
. employees referred to in this subsection must be veterans as defined by 38 United States 
Code, Section 101 (2) who were separated with an honorable discharge. 
. 
Sec. 4. 37-B MRSA §S04, sub-§2, as amended by PL 2001, c. 662, §63, IS 
further amended to read: ' 
2. Superintendent of the cemetery system. The director, with approval of the 
appointing authority, shaH appoint a competent and trustworthy director superintendent of 
the cemetery system and shaH arrange for personnel, material and equipment necessary 
for adequate maintenance of the cemeteries. 
Sec. S. 37-B MRSA §SOS, sub-§2, ~H is enacted to read: 
H. A school that provides tuition assistance pursuant to this subsection shall provide 
any information, such as 'enrollment verification, current contact information, 
semester grade point average, accumulated credit hours and transcripts, to the bureau 
as necessary for the bureau to propedy administer the educational benefits described 
in this subsection in accordance with CUlTent laws. 
Sec. 6. 37-B MRSA §S08, as enacted by PL 2001, c. 662, §71, is amended to 
read: 
Page I - 124LR034S(OI)-1 
) 
) 
) 
n 
7. 
C_/ . 
3.9 
~) 
'----" 
§50B. Veteran service officers 
Veteran advocates service officers shall serve, assist and advocate for all veterans. A 
veteran flEi.vecare service officer must be trained and conversant on the issues, benefits 
and definitions affecting all veterans, including atomic, Vietnam, Desert Storm and 
female veterans. 
Sec. 7. 37-B MRSA §536 is enacted to read: 
§536. Case review; confidentiality 
The commission may act as a panel to review cases involving Maine National Guard 
noncombat death and disability. 
When the commission or a subcommittee of the 
commission acts as a case revievv' panel, the proceedings, records, data, documents and 
other matters submitted to or considered by the panel· are confidential, not subject to 
disclosure under any state law, subpoena, discovery or introduction into evidence in a 
civil or criminal action and must be sealed. The conclusions of a case review panel are 
public and must be disclosed upon request. 
Sec. 8. 37-B MRSA §601, as amended by PL 2007, c. 167, §9, is fUliher amended 
to read: 
§601. Home .established; purpose 
There must be public homes for veterans in Maine known as "Maine Veterans' 
Homes." In addition to the existing 120-bed home located in Augusta, a 120-bed home 
located in Scarborough, a home not to exceed 40 beds located in Caribou, a home located 
in Bangor not to exceed 120.beds, of. which 40 beds are dedicated to senile dementia 
patients, and a home located in South Paris not to exceed 90 beds, of which 30 beds are 
dedicated to senile. dementia patients, may be constructed if federal Veterans' 
Administration funds are available to meet part of the costs of each facility for 
construction or operation. In addition, a home located in Machias not to exceed 60 beds 
may be constructed if federal Veterans' Administration funds or funds from any other 
state, federal or private source are available to meet pali of the costs of the facility for 
construction or 'operation, except that the Machias home may not begin operation prior to 
July 1, 1995 and the construction and funding of the Machias home may not in any way 
jeopardize the construction, funding or financial viability of any other home. The Maine 
Veterans' Homes also are authoriied to provide non nursing facility care and services to 
Maine veterans if appi'oved by appropriate state and federal authorities. The Board of 
Trustees of the Maine Veterans' Homes shall plan and develop the Machias home and any 
nonnursing facility care and services using any funds available for that purpose, except 
for the Augusta facility's funded depreciation account. The Maine Veterans' Homes are 
authorized to construct community-based outpatient clinics for Maine veterans in 
cooperation with the United States Department of Veterans Affairs and may construct and 
operate· veterans hospice facilities, veterans housing facilities and other facilities 
authorized by the Board of Trustees of the Maine Veterans' Homes, using available funds. 
Any. funds loaned to the Maine Veterans' Homes for operating purposes from the funded 
depreciation accounts of the Maine Veterans' Homes must be reimbursed from any funds 
received by the' Maine Veterans' Homes and available for that purpose. The primary . 
purpose of the Maine Veterans' Homes is to provide support and care for honorably 
discharged veterans who ·served on active duty in the United States Armed Forces or who 
served in the Reserves of the United States Armed Forces on active duty for other than 
training purposes or are entitled to retired pay under 10 United States Code. Chapter 1223 
re2:ardless of the a2:e of such oersons. 
. 
SUMMARY 
This bill provides that any person subject to the Maine Code of Military Justice who 
behaves in a manner that is prejudicial to the good order and discipline of the military 
forces or that discredits the military forces must be punished as a court-martial may direct 
and that any such person who violates any state or federal criminal law must be punished 
lIas a court-martial may direct. . 
This bill also changes the title of the director of the Maine Veterans' Memorial 
Cemetery System to superintendent and the title of veteran advocate to veteran service 
officer. It requires schools that provide tuition assistance pursuant to the Maine Revised 
Statutes, Title 37.-B, section 505, subsection 2 to provide the Department of Defense, 
Veterans and Emergency Management, Bureau of Maine Veterans' Services certain 
information so that the bureau may properly administer certain educational benefits. It 
clarifies Maine Veterans' Homes eligibility requirements. 
. 
This bill also authorizes the Commission to Protect the Lives and Health of Members 
of the Maine National Guard to act as a panel to review cases involving death or 
disability of members of the Maine National Guard. 
When the commission or a 
subcommittee of the commission acts as such a review panel, its proceedings and records 
are confidential and are not subject to subpoena, discovery or introduction in a civil or 
criminal action. 
Conclusions of the panel may be disclosed, but no confidential 
ihformation may be released. 
) 
) 
)