An Act To Improve the Military Bureau Laws
Maine Legislature, Session 126, LD 0242
Committee: Veterans and Legal Affairs
Sponsors: TUTTLE, BEAULIEU, MASON, LUCHINI
Amends: 37-B MRSA §3, 37-B MRSA §4, 37-B MRSA §112, 37-B MRSA §399, 37-B MRSA §415-A, 37-B MRSA §461

Legislative Document 
No. 242 
S.P. 78 
In Senate, February 5, 2013 
An Act To Improve the Military Bureau Laws 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator TUTTLE of York. 
Cosponsored by Representative BEAULIEU of Auburn and 
Senator: MASON of Androscoggin, Representative: LUCHINI of Ellsworth. 
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 2011, c. 112, §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 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 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 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 §4, as amended by PL 1997, c. 643, Pt. Q, §5, is repealed and 
the following enacted in its place: 
§4.  Directors of bureaus 
1.  Bureau of Maine Veterans' Services.  The Director of the Bureau of Maine 
Veterans' Services is appointed by the commissioner and serves at the pleasure of the 
commissioner. 
2.  Maine Emergency Management Agency.  The Director of the Maine Emergency 
Management Agency is appointed by the Governor upon the recommendation of the 
commissioner, reports administratively to the commissioner and serves at the pleasure of 
the Governor. 
The Director of the Bureau of Maine Veterans' Services and the Director of the 
Maine Emergency Management Agency shall perform civilian duties as assigned by the 
commissioner or Governor. 
Sec. 3.  37-B MRSA §112, as amended by PL 2001, c. 662, §19, is further 
amended to read: 
§112.  Joint Force Headquarters 
The Adjutant General shall organize a staff to be called a State Area Command, 
STARC the Joint Force Headquarters. It shall command, control and supervise Army and 
Air National Guard units employed in support of civil authorities in the protection of life, 
property and preservation of peace, order and public safety under competent orders of 
state authorities. In the event of mobilization of some or all Army and Air National Guard 
units by the President of the United States, it shall assist the State in organizing and 
training a militia, if required, perform command and control functions in support of civil 
authorities, as directed, and prepare to reconstitute the Army National Guard and Air 
National Guard when units are relieved from federal service. It must be commanded by a 
federally recognized officer who may be the Adjutant General or an Assistant Adjutant 
General. 
Sec. 4.  37-B MRSA §399, as amended by PL 2003, c. 646, §13, is repealed and 
the following enacted in its place: 
§399.  Revenue 
Revenue generated by the authority must first be used to support the operation of the 
authority, including segregation of money for future capital repairs.  At the close of the 
fiscal year, unreserved retained earnings as identified by the State Controller may be 
transferred at any time prior to the closing of the books to: 
1.  Capital repairs; tuition assistance.  An account established within the Military 
Bureau to be used for capital repairs and maintenance of state military facilities and 
Maine National Guard tuition assistance; 
2.  Official representation funds.  An account established within the Military 
Bureau to be used for official representation funds, in an amount not to exceed $10,000 
annually; 
3.  Unfunded priorities.  An account established within the Military Bureau to be 
used for the Adjutant General's unfunded priorities, in an amount not to exceed $10,000 
annually; and 
4.  Maine National Guard Foundation Fund.  An account established within the 
Military Bureau to be used for the Maine National Guard Foundation Fund or its 
successor fund, in an amount not to exceed $10,000 annually. 
Sec. 5.  37-B MRSA §415-A, sub-§1, ¶C, as enacted by PL 2001, c. 662, §48, is 
amended to read: 
C.  A general officer commander An officer with the rank of colonel in the chain of 
command of an individual being considered for nonjudicial punishment may impose 
one or more of the following punishments: 
(1)  Forfeiture of up to 5 days' pay; 
(2)  Up to 16 hours of extra duties; 
(3)  Prohibition of promotion of up to one year; or 
(4)  Reduction of one grade for enlisted members. 
Sec. 6.  37-B MRSA §461 is enacted to read: 
§461.  Sexual assault 
1.  Prohibition; sexual assault.  Any person subject to this Code who commits an 
offense prohibited under Title 17-A, chapter 11 is guilty of that offense under this Code. 
2.  Punishment.  Any person found guilty of an offense prohibited under Title 17-A, 
chapter 11 must be punished as a court-martial may direct. 
SUMMARY 
This bill makes the following changes to the laws. 
1.  It specifies that the Adjutant General may execute cooperative agreements and 
other arrangements necessary to operate the Department of Defense, Veterans and 
Emergency Management and provides that the Adjutant General serves as the Governor's 
homeland security advisor. 
2.  Under current law, the Director of the Maine Emergency Management Agency is 
appointed by, and serves at the pleasure of, the Commissioner of Defense, Veterans and 
Emergency Management.  This bill instead provides that the Director of the Maine 
Emergency Management Agency is appointed by the Governor upon the recommendation 
of the commissioner, reports administratively to the commissioner and serves at the 
pleasure of the Governor. 
3.  It renames the State Area Command as the Joint Force Headquarters and includes 
a reference to Air National Guard units. 
4.  It repeals and replaces the section of law that determines the disposition of 
revenue generated by the Maine Military Authority to additionally authorize the transfer 
of unreserved retained earnings, in the amount of $10,000 annually, to each of 3 accounts 
that may be established within the Military Bureau to be used for official representation 
funds, for unfunded priorities identified by the Adjutant General and for the Maine 
National Guard Foundation Fund. 
5.  Under current law, a general officer commander may impose a certain level of 
disciplinary punishment.  The bill instead specifies that this level of disciplinary 
punishment may be imposed by a colonel in the chain of command of the individual 
being punished. 
6.  It provides that any person subject to the Maine Code of Military Justice who 
commits an offense under the Maine Criminal Code's chapter governing sexual assaults is 
also guilty of violating the Maine Code of Military Justice.