An Act To Increase Access to Postsecondary Education for Maine National Guard Members
Maine Legislature, Session 127, LD 1343
Committee Amendment CA_A_H364 (House)
Amends: 37-B MRSA §3, 37-B MRSA §355, 37-B MRSA §356

COMMITTEE AMENDMENT "A" to H.P. 912, L.D. 1343, Bill, "An Act To 
Increase Access to Postsecondary Education for Maine National Guard Members" 
Amend the bill in section 1 in subsection 2 in the first line (page 1, line 4 in L.D.) by 
striking out the following: "Exoept as provided in seotion 353, rental Rental" and 
inserting the following: 'Except as provided in section ~ 
353-A, rental' 
Amend the bill in section 2 in § 154 in the first paragraph in the first line (page 1, line 
in L.D.) by striking out the following: "Exoept as provided. in seotion 353, the The" 
and inserting the following: 'Except as provided in section ~ 
353-A, the' 
Amend the bill in section 3 in § 155 in the first paragraph in the 4th line (page I, line 
in L.D.) by striking out the following: "E)coept as provided in seotion 353, the The" 
and inserting the following: 'Except as provided in section J,S.J 353-A, the' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 37-B MRSA §3S2, sub-§§4 to 7, 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. 
S. Tuition. "Tuition" means the total semester, trimester, quarter or term or credit 
hour cost of instruction to the student as periodically published in the catalog of a state 
postsecondary education institution, inoluding mandatory fees and lab fees but excluding 
all mandatory fees and lab fees and other expenses such as book charges, room and 
board. 
6. Tuition benefit. "Tuition benefit" means tuition provided by the Maine National 
Guard using either state or federal funds or waivers of tuition from a state postsecondary 
education institution. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 9[2, L.D. 1343 
7. Unsatisfactory participant. "Unsatisfactory participant" means a member who 
has accumulated 9 or more unexcused absences from unit training assemblies or who 
within a 12-month period, without proper authorization, fails to attend or complete the 
entire period of annual training.' 
Amend the bill by striking out all of section 6 and inserting the following: 
'Sec. 6. 37-B MRSA §§353-A, 353-B and 353-C are enacted to read: 
§353-A. Maine National Guard Postsecondary Fund 
The Maine National Guard Postsecondary Fund, referred to in this section as "the 
fund," is established in the Military Bureau as a nonlapsing account in the General Fund 
to provide tuition benefits for eligible Maine National Guard members to state 
postsecondary education institutions. 
Deposits to the fund may come from sources 
including but not limited to: the Armory Rental Fund established in section 152; the 
Capital Repair, Maintenance, Construction and Acquisition Account established in 
section 154; the reimbursement fund established in section 155; revenue generated from 
the Maine Militaty Authority; and rental income fees under Title 5, section 1742, 
subsection 26, paragraph B. 
The Adiutant General is responsible for oversight and 
allocation of these funds in accordance with this subchapter. The Adjutant General shall 
provide a report to the Commissioner of Education on the first day of January each 
calendar year accounting for the use of all funds in the fund. 
§353-B. Tuition benefit for member 
A member who meets the prerequisites of section 354 is entitled to a 100% tuition 
benefit at a state postsecondary education institution. The benefit 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. To be eligible for the benefit, a member must be enrolled 
full-tim:e or part-time at a state postsecondary education institution .. The benefit may be 
used to earn one credential at the following levels: baccalaureate, associate or certifi,cate 
and licensure. The benefit must be reduced by any other tuition assistance received by a 
member not related to housing costs or non-tuition expenses. 
§353-C. Waiver required 
If the cost of providing the tuition benefit under this subchapter exceeds the amount 
of money available in the Maine National Guard Postsecondary Fund established in 
section 353-A, the tuition benefit must be provided in the form of a tuition waiver 
provided by the state postsecondary education institution.' 
Amend the bill in section 7 in subsection 2 in the first line (page 2, line 17 in L.D.) by 
inserting after the following: "Guard" the following: 'who has not previously earned a 
bachelor's degree or equivalent' 
Amend the bill in section 8 by striking out all of subsection 4 (page 2, lines 24 to 28 
in L.D.) and inserting the following: 
'4. Pursued all other benefits available. Have applied for all available tuition 
benefits not related to housing costs or non-tuition expenses, including but not liriuted to: 
A. Federally funded military tuition assistance; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 912, L.D. 1343 
B. Eil1ployer tuition reimbursements or assistance; and 
C. Federal grants, such as a Federal Pell Grant. 
Amend the bill by striking out all of section 9 and inserting the following: 
'Sec. 9. 37-B MRSA §355, as enacted by PL 2003, c. 488, §4 and affected by §5, 
is amended to read: 
§355. Cessation of tuition benefit 
The tuition benefit granted under this subchapter for a member ceases upon: 
1. Credit hours. Accumulation of m 130 credit hours or the equivl\lent of the 
tuition benefit as provided in this subchapter when the benefit is used in part or in whole; 
2. Unsatisfactory participation. Unsatisfactory participation in the Maine N~tional 
Guard as certified to the state postsecondary education institution eHegionally aooredited 
private college or university by the Adjutant General; er 
3. Good academic standing. Failure by the member to maintain good academic 
standing and a cumulative grade point average of at least 2.0 on a 4.0 scale at the state 
postsecondary education institution or regionally aocredited private college or university.~ 
or 
4. Restitution plan .. Imposition of a plan for the member to pay restitution of tuition 
benefits in accordance with this subchapter. 
Sec. 10. 37-B MRSA §356, sub~§2, as enacted by PL 2003, c. 488, §4 and 
affected by §5, is amended to read: 
2. Repay tuition. If the member becomes an \lnsatisfactory participant or does not 
remain in good academic standing with the state postsecondary education institution er 
regionally acoredited private college or university, then the member shall repay the full 
amount of a tuition benefit for all courses taken during the preceding semester, trimester, 
quarter or term to the Maine National Guard. 
Sec. 11. 37-B MRSA §356, sub-§4 is enacted to read: 
4. Rules. The Adjutant General shall adopt rules to implementthe provisions of this 
section, which are routine technical rules under Title 5, chapter 375, subchapter 2-A.' 
Amend the bill in section 10 by striking out all of §357 (page 3, lines 1 to 3 in L.D.) 
and inserting the following: 
'§357. In~state tuition rates 
A member who is approved to receive tuition benefits under this subchapter qualifies 
for in-state tuition rates.' 
Amend the bill by striking out all of section 11. 
Amend the bill in section 13 in §359 by striking out all of the first paragraph (page 3, 
lines 14 to 16 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
o~s 
~1 
COMMITTEE AMENDMENT ,,0" to H.P. 912, L.D. 1343 
'Any member who is a student receiving a tuition benefit l~nder this su~cl1apter who is 
mobilized or deployed is entitled to an extensionof the time the tuition benefit may be 
claimed equal to the amount of time served on active duty.' 
Amend the bill by adding after section 13 the following: 
'Sec. 14. Appropriations and allocations. The following appropriations and 
allocations are made. 
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT 
OF 
Maine National Guard Postsecondary Fund Z19Q 
Initiative: Provides funding to increase access to postsecondary education for Maine 
National Guard members. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2015-16 
$500,000 
$500,000 
2016-17 
$500,000 
$500,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment establishes the Maine National Guard Postsecondary Fund and 
appropriates $500,000 per year of the next biennium to the fund. It amends existing law 
regarding education assistance grants to Maine National Guard members to govern the 
distribution of the tuition benefit provided by the bill. Under the bill, tuition assistance is 
provided in the form of waivers from a state postsecondary education institution. The 
amendment provides that the Maine National Guard Postsecondary Fund will provide for 
100% of an eligible member's tuition costs. If the tuition benefit costs exceed the amount 
in the fund, the amendment states that the benefit will be provided in the form of a waiver 
from the state postsecondary education institution. The amendment clarifies that tuition 
does not include lab fees or other mandatory fees charged to students. The amendment 
specifies that the benefit entitles a member to one postsecondary education credential, 
whether it be at the associate, baccalaureate, certificate or licensure level. 
The 
amendment specifies that a member must first pursue all other state, federal and 
employer-provided benefits available and have not previously earned a bachelor's degree 
in order to qualify for the tuition benefit proposed by the bill. The amendment also 
strikes provisions in the bill that would eliminate certain potential sources of revenue to 
be used for education assistance for members of the Maine National Guard. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/15 
;:Wac 
LD 1343 
LR 1573(02) 
An Act To Increase Access to Postsecondary Education for Maine National Guard Members 
Fiscal Note for Bill as Amended by Committee Amendment '~' a-i-3Li-j) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential tuition revenue loss - Public post-secondary educational institutions 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
FY 2015-16 
$500,000 
( 
$500,000 
FY 2016-17 
$500,000 
$500,000 
Projections 
FY 2017-18 
$500,000 
$500,000 
Projections 
FY 2018-19 
$500,000 
$500,000 
The bill establishes the Maine National Guard Postsecondaty Fund within the Department of Defense, Veterans and 
Emergency Management and provides General Fund appropriations to the department of $500,000 beginning in fiscal 
year 2015-16 to provide tuition assistance to eligible members. 
The requirement that the University of Maine System, the Maine Community College System and Maine Maritime 
Academy waive tuition costs that exceed the amount of tuition benefit a member receives from the Maine National 
Guard Postsecondary Fund may result in a loss of tuition revenue to the State's public postsecondary educational 
institutions. The University of Maine System estimates it's loss ofrevenue to be approximately $550,000 per year. No 
estimate is available for the other institutions at this time. 
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