An Act To Amend the Military Bureau Laws
Maine Legislature, Session 126, LD 1655
Committee: Veterans and Legal Affairs
Sponsors: TUTTLE, BEAULIEU, FOWLE, KINNEY, LONGSTAFF, SAUCIER, SCHNECK
Amends: 37-B MRSA §3, 37-B MRSA §154, 37-B MRSA §264, 37-B MRSA §353, 37-B MRSA §399

Legislative Document 
No. 1655 
S.P. 648 
In Senate, December 23, 2013 
An Act To Amend the Military Bureau Laws 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator TUTTLE of York. 
Cosponsored by Representative BEAULIEU of Auburn and 
Representatives: FOWLE of Vassalboro, KINNEY of Limington, LONGSTAFF of Waterville, 
SAUCIER of Presque Isle, SCHNECK of Bangor. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA §3, sub-§1, ¶D, as amended by PL 2013, c. 251, §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 
disposal with the Treasurer of State, who shall credit them to the Construction 
and Capital Repair, Maintenance, Construction and Acquisition 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.  The 
Adjutant General shall provide the personnel, supplies, services and matching 
funds required by a federal cost-sharing arrangement pursuant to 31 United States 
Code, Chapters 63 and 65 (2013); 32 United States Code (2013); and National 
Guard Regulation 5-1 (2010).  The Adjutant General shall receive funds and 
property and an accounting for all expenditures and property acquired through 
such a federal cost-sharing arrangement and make returns and reports concerning 
those expenditures and that property as required by such a federal cost-sharing 
arrangement. 
(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 recommended 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 
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 STARBASE 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, permanent or temporary, to operate the program. 
(19)  The Adjutant General may execute cooperative agreements for purposes 
described or defined by this Title and other arrangements necessary to operate the 
department. 
(20)  The Adjutant General shall act as the Governor's homeland security advisor. 
Sec. 2.  37-B MRSA §154, as amended by PL 2003, c. 488, §2 and affected by §5, 
is further amended to read: 
§154.  Capital Repair, Maintenance, Construction and Acquisition Account 
Except as provided in section 353, the Capital Repair, Maintenance, Construction and 
Acquisition Account is established in the Military Bureau as a nonlapsing fund to assist in 
defraying the capital repair, maintenance and construction of state-owned properties of 
the Military Bureau, as well as purchasing land for training sites.  The bureau may not 
spend $300,000 $1,000,000 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 
$1,000,000.  Maintenance, construction and acquisition projects are not subject to the 
reporting requirement. 
Sec. 3.  37-B MRSA §264, sub-§1, as amended by PL 2001, c. 559, Pt. PP, §1, is 
further amended to read: 
1.  Sale of property; proceeds.  The Adjutant General shall designate an officer to 
inspect military property, real and personal, and may condemn any inspected property 
that the Adjutant General determines to be unfit for use by the military.  Property 
condemned under this subsection may be sold by the Adjutant General.  Real property 
condemned under this subsection may not be sold for less than its appraised value as 
determined by a person licensed as a real estate appraiser under Title 32, chapter 124. 
All proceeds from the sale of condemned property must be paid into the State Treasury 
and credited to the Capital Repair, Maintenance, Construction and Acquisition Account 
of the Military Bureau established under section 154.  For fiscal year 2002-03 only, 
proceeds up to $300,000 from the sale of condemned property must be paid into the State 
Treasury and credited to the National Guard Education Assistance Pilot Program 
established under Resolve 1999, chapter 121.  Funds not used for National Guard 
Education Assistance Pilot Program purposes must be paid into the Capital Repair 
Account of the Military Bureau. 
Sec. 4.  37-B MRSA §264, sub-§2, as enacted by PL 1995, c. 684, §3, is amended 
to read: 
2.  Designation of property; sale.  The Adjutant General may sell an armory or other 
real property of the Military Bureau if the Adjutant General has: 
A.  Completed the appraisal required under subsection 1; and 
B.  Except as provided in subsection 3, obtained approval of the Legislature to sell 
that armory or other real property.  For the purposes of this subsection, the term 
"approval of the Legislature" means the enactment by the Legislature and signing by 
the Governor of a resolve authorizing the sale of that armory or other real property. 
All proceeds of the sale of an armory or other real property under this subsection must be 
paid into the State Treasury and credited to the Capital Repair, Maintenance, 
Construction and Acquisition Account of the Military Bureau established under section 
154. 
Sec. 5.  37-B MRSA §353, as enacted by PL 2003, c. 488, §4 and affected by §5, 
is amended to read: 
§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 accredited 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 not to exceed $5,000 in any fiscal year; or 
state funds from the Armory Rental Fund as established in section 152, the Capital 
Repair, Maintenance, Construction and Acquisition 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 benefits. 
Sec. 6.  37-B MRSA §399, sub-§1, as enacted by PL 2013, c. 251, §4, is amended 
to read: 
1.  Capital repairs; tuition assistance.  An account established within the Military 
Bureau to be used for capital repairs and, maintenance, construction and acquisition of 
state military facilities and Maine National Guard tuition assistance; 
SUMMARY 
This bill specifies the duties of the Adjutant General as they relate to federal cost-
sharing arrangements. 
The bill renames the Capital Repair Account the Capital Repair, Maintenance, 
Construction and Acquisition Account, specifies how the funds in that account may be 
spent and raises from $300,000 or more to $1,000,000 or more the cost of a capital repair 
project for which approval by the Legislature is required.