An Act To Broaden Educational Opportunities for Members of the Maine National Guard
Maine Legislature, Session 128, LD 1736
Committee: Veterans and Legal Affairs
Sponsors: THIBODEAU, POULIOT, CYRWAY, DAVIS, DESCHAMBAULT, DOW, FARRIN, GILLWAY, GOLDEN, RYKERSON
Amends: 37-B MRSA §352, 37-B MRSA §353-A, 37-B MRSA §353-B, 37-B MRSA §353-C, 37-B MRSA §355, 37-B MRSA §356, 37-B MRSA §357

Legislative Document
No. 1736
S.P. 635
In Senate, December 22, 2017
An Act To Broaden Educational Opportunities for Members of the 
Maine National Guard
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by President THIBODEAU of Waldo.
Cosponsored by Representative POULIOT of Augusta and
Senators: CYRWAY of Kennebec, DAVIS of Piscataquis, DESCHAMBAULT of York, DOW 
of Lincoln, Representatives: FARRIN of Norridgewock, GILLWAY of Searsport, GOLDEN 
of Lewiston, RYKERSON of Kittery.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §352, sub-§3-A is enacted to read:
3-A.  Private nonprofit postsecondary education institution.  "Private nonprofit 
postsecondary education institution" means a private nonprofit postsecondary education 
institution in the State.
Sec. 2.  37-B MRSA §352, sub-§5, as amended by PL 2015, c. 465, Pt. D, §4, is 
further amended to read:
5.  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 or private nonprofit postsecondary education 
institution, excluding mandatory fees and lab fees and other expenses such as book 
charges, room and board.
Sec. 3.  37-B MRSA §353-A, as enacted by PL 2015, c. 465, Pt. D, §6, is amended 
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 and private nonprofit 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 Military Authority; and 
rental income fees under Title 5, section 1742, subsection 26, paragraph B.  The Adjutant 
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.
Sec. 4.  37-B MRSA §353-B, as enacted by PL 2015, c. 465, Pt. D, §6, is amended 
to read:
§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 or a private nonprofit postsecondary 
education institution, except that a tuition benefit at a private nonprofit postsecondary 
education institution may not exceed tuition at the Maine Maritime Academy during the 
prior academic year.  The benefit applies to tuition for a member enrolled or accepted for 
admission on a full-time or part-time basis to a state postsecondary education institution 
on a full-time or part-time basis or a private nonprofit postsecondary education 
institution. To be eligible for the benefit, a member must be enrolled full-time or part-
time at a state postsecondary education institution or a private nonprofit postsecondary 
education institution.  The benefit may be used to earn one credential at the following 
levels: baccalaureate, associate or certificate 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.
Sec. 5.  37-B MRSA §353-C, as enacted by PL 2015, c. 465, Pt. D, §6, is amended 
to read:
§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 at a state postsecondary education institution must be 
provided in the form of a tuition waiver provided by the state postsecondary education 
institution.
Sec. 6.  37-B MRSA §355, sub-§§2 and 3, as amended by PL 2015, c. 465, Pt. 
D, §9, are further amended to read:
2.  Unsatisfactory participation.  Unsatisfactory participation in the Maine National 
Guard as certified to the state postsecondary education institution or the private nonprofit 
postsecondary education institution by the Adjutant General; 
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 private nonprofit postsecondary education 
institution; or
Sec. 7.  37-B MRSA §356, sub-§2, as amended by PL 2015, c. 465, Pt. D, §10, is 
further amended to read:
2.  Repay tuition.  If the member becomes an unsatisfactory participant or does not 
remain in good academic standing with the state postsecondary education institution or 
private nonprofit postsecondary education institution, 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. 8.  37-B MRSA §357, as repealed and replaced by PL 2015, c. 465, Pt. D, 
§12, is amended to read:
§357.  In-state tuition rates
A member who is approved to receive tuition benefits at a state postsecondary 
education institution under this subchapter qualifies for in-state tuition rates.
SUMMARY
This bill broadens the tuition benefit program that is available to members of the 
Maine National Guard who attend a state postsecondary education institution to provide a 
tuition benefit for members who attend a private nonprofit postsecondary education 
institution in the State.  
The bill limits the tuition benefit at private nonprofit 
postsecondary education institutions to the tuition at the Maine Maritime Academy 
during the prior academic year.