An Act To Update Department of Defense, Veterans and Emergency Management Laws
Maine Legislature, Session 125, LD 0633
Committee Amendment CA_A_H120 (House)
Amends: 37-B MRSA §3

COMMITTEE AMENDMENT" A" to H.P. 463, L.D. 633, Bill, "An Act To 
Update Department of Defense, Veterans and Emergency Management Laws" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 37-B MRSA §3, sub-§l, ~D, as amended by PL 2007, c. 461, §1, is 
further amended to read: 
D. 
Have the following powers and duties. 
(1) The Adjutant General shall administer the department subordinate only to the 
Governor. 
(2) The Adjutant General shall establish methods of administration consistent 
with the law necessary for the efficient operation of the department. 
(3) The Adjutant General may prepare a budget for the department. 
(4) The Adjutant General may transfer personnel from one bureau to another 
within the department. 
(5) 
The Adjutant General shall supervise the preparation of all state 
informational reports required by the federal military establishment. 
(6) The Adjutant General shall keep an accurate account of expenses incurred 
and, in accordance with Title 5, sections 43 to 46, make a full report to the 
Governor as to the condition of the military forces, and as to all business 
transactions of the Military Bureau, including detailed statements of expenditures 
for military purposes. 
(7) The Adjutant General is responsible for the custody, care and repair of all 
military property belonging to or issued to the State for the military forces and 
shall dispose of military property belonging to the State that is unserviceable. 
The Adjutant General shall account for and deposit the proceeds from that 
COMMITTEE AMENDMENT 
'f... f. <3>. 
COMMITTEE AMENDMENT ,A " 
to H.P. 463, L.D. 633 
disposal with the Treasurer of State who shall credit them to the Construction and 
Capital Repair Account of the Military Bureau. 
(8) The Adjutant General may sell for cash to officers of the state military forces, 
for their official use, and to organizations of the state military forces, any military 
or naval property that is the property of the State. The Adjutant General shall, 
with an annual report, render to the Governor an accurate account of the sales and 
deposit the proceeds of the sales with the Treasurer of State who shall credit them 
to the General Fund. 
(9) The Adjutant General shall represent the state military forces for the purpose 
of establishing the relationship between the federal military establishment and the 
various state military staff departments. 
(10) The Adjutant General shall accept, receive and administer federal funds for 
and on behalf of the State that are available for military purposes or that would 
further the intent and specific purposes of this chapter and chapter 3. 
(11) The Adjutant General shall acquire, construct, operate and maintain military 
facilities necessary to comply with this Title and Title 32 of the United States 
Code and shall operate and maintain facilities now within or hereafter coming 
within the jurisdiction of the Military Bureau. 
(12) The Adjutant General may adopt rules pertaining to compliance with state 
and federal contracting requirements, subject to Title 5, chapter 375. Those rules 
must provide for approval of contracts by the appropriate state agency. 
(13) The Adjutant General shall allocate and supervise any funds made available 
by the Legislature to the Civil Air Patrol. 
(14) The Adjutant General shall report at the beginning of each biennium to the 
joint standing committee of the Legislature having jurisdiction over veterans' 
affairs on any recOlmnended changes or modifications to the laws governing 
veterans' affairs, particularly as those changes or modifications relate to changes 
in federal veterans' laws. 
(15) The Adjutant General may receive personal property from the United States 
Department of Defense that the Secretary of Defense has determined is suitable 
for use by agencies in law enforcement activities, including counter-drug 
activities, and in excess of the needs of the Department of Defense pursuant to 10 
United States Code, Section 2576a, and transfer ownership of that personal 
property 
to 
state, 
county 
and 
municipal 
law 
enforcement 
agencies 
notwithstanding any other provision of law. The Adjutant General may receive 
excess personal property from the United States Department of Defense for use 
by the department, notwithstanding any other provision of law. 
(16) The Adjutant General may establish a science, mathematics and technology 
education improvement program for schoolchildren known as the STARBASE 
Program. 
The Adjutant General may accept financial assistance and in-kind 
assistance, advances, grants, gifts, contributions and other forms of financial 
assistance from the Federal Government or other public body or from other 
COMMITTEE AMENDMENT 
'\i\.~~' 
COMMITTEE AMENDMENT 'A" to H.P. 463, L.D. 633 
sources, public or private, to implement the STARBASE Program. The Adjutant 
General may employ a director and other employees, permanent or temporary, to 
operate the ST ARBASE Program. 
(17) The Adjutant General shall establish a system, to be administered by the 
Director of the Bureau of Maine Veterans' Services, to express formally 
condolence and appreciation to the closest surviving family members of members 
of the United States Armed Forces who, since September 11, 2001, are killed in 
action or die as a consequence of injuries that result in the award of a Purple 
Heart medal. In accordance with the existing criteria of the department for the 
awarding of gold star medals, this system must provide for the Adjutant General 
to issue up to 3 gold star medals to family members who reside in the State, one 
to the spouse of the deceased servIce member and one to the parents of the 
service member. If the parents of the service member are divorced, the Adjutant 
General may issue one medal to each parent. If the service member has no 
surviving spouse or parents or if they live outside of the State, the Adjutant 
General may issue a gold star medal to the service member's next of kin, as 
reported to the department, who resides in the State. 
(18) The Adjutant General may establish a National Guard Youth Challenge 
Program consistent with 32 United States Code, Section 509 (1990). 
The 
Adjutant General may accept financial assistance from the Federal Government 
or other public body or from other sources, public and private, to implement the 
National Guard Youth Challenge Program. The Adjutant General may employ a 
director and other employees, pennanent or temporary, to operate the program.' 
Amend the bill in section 1 in § 107 in the first paragraph in (he last 2 lines (page 1, 
lines 8 and 9 in L.D.) by striking out the following: "as prescribed by federal regulation, 
United States Code, Section 3282" and inserting the following: 'for either the United 
States Army National Guard or the United States Air National Guard as prescribed by 
federal service regulations' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes a reference to the United States Code regarding the 
requirement that a person appointed Adjutant General or assistant adjutant general meet 
the criteria for federal recognition as a General Officer. The amendment states that the 
appointee must meet the criteria for federal recognition as a General Officer for either the 
United States Army National Guard or the United States Air National Guard. It also 
authorizes the Adjutant General to establish a National Guard Youth Challenge Program. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/12111 
fra~ 
LD 633 
LR 395(02) 
An Act To Update Department of Defense, Veterans and Emergency Management Laws 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'i4" 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Defense, Veterans and Emergency Management associated with the National 
Guard Youth Challenge Program can be absorbed with existing staff and within existing budgeted resources. 
LR0395(02) - Fiscal Note - Page 1 of 1