An Act To Increase Access to Postsecondary Education for Maine National Guard Members
Maine Legislature, Session 127, LD 1343
Committee: Education and Cultural Affairs
Sponsors: FREDETTE, WHITTEMORE, BRYANT, FARRIN, NADEAU, POULIOT, SKOLFIELD, STETKIS, EDGECOMB, LIBBY
Amends: 37-B MRSA §152, 37-B MRSA §154, 37-B MRSA §155, 37-B MRSA §352, 37-B MRSA §353, 37-B MRSA §353-A, 37-B MRSA §354, 37-B MRSA §355, 37-B MRSA §357, 37-B MRSA §357-A, 37-B MRSA §358

Legislative Document 
No. 1343 
H.P. 912 
House of Representatives, April 16, 2015 
An Act To Increase Access to Postsecondary Education for Maine 
National Guard Members 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative FREDETTE of Newport. 
Cosponsored by Senator WHITTEMORE of Somerset and 
Representatives: BRYANT of Windham, FARRIN of Norridgewock, NADEAU of Winslow, 
POULIOT of Augusta, SKOLFIELD of Weld, STETKIS of Canaan, Senators: EDGECOMB 
of Aroostook, LIBBY of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA §152, sub-§2, as amended by PL 2003, c. 488, §1 and 
affected by §5, is further amended to read: 
2.  Rental proceeds.  Except as provided in section 353, rental 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 appropriations made for operation and 
maintenance expenses included for that purpose in the Military Fund. 
Sec. 2.  37-B MRSA §154, as amended by PL 2013, c. 469, §2, is further amended 
to read: 
§154.  Capital Repair, Maintenance, Construction and Acquisition Account 
Except as provided in section 353, the 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 $500,000 or more for any single capital repair, 
maintenance or construction project or land acquisition 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, maintenance and construction project and land 
acquisition costing less than $500,000. 
Sec. 3.  37-B MRSA §155, as amended by PL 2003, c. 488, §3 and affected by §5, 
is further amended to read: 
§155.  Reimbursement fund 
The Maine National Guard may provide services in accordance with section 181-A, 
subsections 4 and 5 and section 183 for federal, state, county, regional and municipal 
governments and agencies and nongovernmental entities and may charge for those 
services.  Except as provided in section 353, the The fees collected must first be allocated 
for funding the cost of providing those services, and any remaining fees may be expended 
only within the Military Bureau. 
Sec. 4.  37-B MRSA §352, sub-§§4 and 6, as enacted by PL 2003, c. 488, §4 and 
affected by §5, are amended to read: 
4.  State postsecondary education institution.  "State postsecondary education 
institution" means the University of Maine System, the Maine Maritime Academy, the 
Maine Technical Community College System or any other college or university system 
established as a public instrumentality of this State. 
6.  Tuition benefit.  "Tuition benefit" means the waiver of tuition provided by the 
Maine National Guard using either state or federal funds costs for a member in the 
program. 
Sec. 5.  37-B MRSA §353, as amended by PL 2013, c. 469, §5, is repealed. 
Sec. 6.  37-B MRSA §353-A is enacted to read: 
§353-A.  Tuition benefit for member 
A member who meets the prerequisites of section 354 is entitled to a 100% waiver of 
tuition costs at any state postsecondary education institution.  This waiver applies to 
tuition for a member enrolled or accepted for admission to a state postsecondary 
education institution on a full-time or part-time basis in an undergraduate degree program 
or certificate program.  To be eligible for a tuition waiver, a member must be enrolled 
full-time or part-time at a state postsecondary education institution or must apply for and 
receive admission to a state postsecondary education institution.  The waiver may be 
claimed for 5 separate academic years or 130 semester hours. 
Sec. 7.  37-B MRSA §354, sub-§§2 and 3, as enacted by PL 2003, c. 488, §4 and 
affected by §5, are amended to read: 
2.  Participant.  Be a satisfactory participant in the Maine National Guard and be a 
member in good standing of the Maine National Guard at the beginning of and 
throughout the entire semester for which the member receives benefits; 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.; and 
Sec. 8.  37-B MRSA §354, sub-§4 is enacted to read: 
4.  Pursued all other benefits available.  Have first used any tuition benefits and 
other federally funded military tuition assistance or any employer tuition reimbursement 
available after September 11, 2001.  Benefits available after September 11, 2001 for 
education housing, allowance and other nontuition benefits must be excluded from 
consideration when determining eligibility for a tuition waiver under this subchapter. 
Sec. 9.  37-B MRSA §355, sub-§1, as enacted by PL 2003, c. 488, §4 and 
affected by §5, is amended to read: 
1.  Credit hours.  Accumulation of 150 130 credit hours or the equivalent of the 
tuition benefit as provided in this subchapter; 
Sec. 10.  37-B MRSA §357, as enacted by PL 2003, c. 488, §4 and affected by §5, 
is repealed and the following enacted in its place: 
§357.  Instate tuition rates 
The member must be a resident of the State for a minimum of 6 consecutive months 
prior to applying for the program and qualifies for instate tuition rates. 
Sec. 11.  37-B MRSA §357-A is enacted to read: 
§357-A.  Revenue reduction 
A state postsecondary education institution shall absorb the reduction in tuition 
revenues that results from providing the program to members.  The institution may not 
request additional General Fund appropriations from the Legislature to offset the 
reduction in tuition. 
Sec. 12.  37-B MRSA §358, as enacted by PL 2003, c. 488, §4 and affected by §5, 
is repealed. 
Sec. 13.  37-B MRSA §§359 and 360 are enacted to read: 
§359.  Mobilized or deployed members 
Any member who is a student receiving a tuition waiver under this subchapter who is 
mobilized or deployed is entitled to an extension of the time the tuition waiver may be 
claimed equal to the amount of time served in active duty. 
§360.  Policies and implementation 
The Adjutant General is responsible for overall policies, guidance, administration and 
proper use of the program provided for in this subchapter. 
SUMMARY 
This bill provides for a tuition waiver for 100% of tuition costs at any state 
postsecondary education institution for qualified members of the Maine National Guard.