An Act To Amend Certain Laws Related to Members of the Military and the Maine National Guard (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1807
Committee: Veterans and Legal Affairs
Sponsors: STEWART, LUCHINI, SCHNECK, STROM, CYRWAY
Amends: 19-A MRSA §1653-A, 26 MRSA §813, 37-B MRSA §108, 37-B MRSA §112, 37-B MRSA §113, 37-B MRSA §143, 37-B MRSA §147, 37-B MRSA §150, 37-B MRSA §181-A, 37-B MRSA §190, 37-B MRSA §264, 37-B MRSA §343, 37-B MRSA §462

Legislative Document
No. 1807
H.P. 1287
House of Representatives, May 30, 2019
An Act To Amend Certain Laws Related to Members of the Military 
and the Maine National Guard
(AFTER DEADLINE)
Submitted by the Department of Defense, Veterans and Emergency Management and 
approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STEWART of Presque Isle.
Cosponsored by Senator LUCHINI of Hancock and
Representatives: SCHNECK of Bangor, STROM of Pittsfield, Senator: CYRWAY of 
Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §1653-A is enacted to read:
§1653-A.  Parental rights and responsibilities; parent on active duty
1.  Departure under military orders.  A court may not consider departure from the 
family residence or absence from the child or children as an adverse factor in determining 
parental rights and responsibilities with respect to a minor child when the departing 
parent is a member of the National Guard or the Reserves of the United States Armed 
Forces under an order to active duty for a period of more than 30 days and whose absence 
is due to compliance with military orders.
2.  Change of residence of child prohibited when parent under military orders.  
A court may not order a change of the primary physical residence of a child when one of 
the child's parents is a member of the National Guard or the Reserves of the United States 
Armed Forces under an order to active duty for a period of more than 30 days and whose 
absence from the State is due to compliance with military orders unless the change is in 
the best interest of the child.
3.  Application.  This section applies only if the service of the member referred to in 
subsection 1 or subsection 2 is in support of:
A.  An operational mission for which members of the reserve components have been 
ordered to active duty; or
B.  Forces activated during a period of war declared by Congress or a period of 
national emergency declared by the President or Congress.
Sec. 2.  26 MRSA §813, as repealed and replaced by PL 2001, c. 662, §12, is 
amended to read:
§813.  Remedies
1.  Action authorized.  If any employer fails to comply with any of the provisions of 
sections 811 and 812, the Attorney General, Judge Advocates of the Maine National 
Guard or employee may bring a civil action for damages for such noncompliance or apply 
to the courts for such equitable relief as may be just and proper under the circumstances.
2.  Award of fees; costs.  In any civil action under section 811 or 812, the court in its 
discretion may award reasonable attorney's fees and costs to any prevailing member of 
the National Guard or the Reserves of the United States Armed Forces.
Sec. 3.  37-B MRSA §108, as amended by PL 1991, c. 376, §64, is further 
amended to read:
§108.  Designation of Deputy Adjutant General
The assistant adjutant general for the Maine Army National Guard or the assistant 
adjutant general for the Maine Air National Guard Any federally recognized general 
officer currently serving in the Maine National Guard may be appointed as Deputy 
Adjutant General.  The Deputy Adjutant General has all the military related powers, 
responsibilities and duties of the Adjutant General if the Adjutant General is unable to 
act, or in case of a vacancy in the office of the Adjutant General until the vacancy is filled 
by the Governor, as provided by law.  The Deputy Adjutant General may also perform 
other military duties of the Adjutant General as assigned by the Adjutant General or the 
Governor.
Sec. 4.  37-B MRSA §112, as amended by PL 2013, c. 251, §3, is further amended 
to read:
§112.  Joint Force Headquarters
The Adjutant General shall organize a staff to be called 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. 5.  37-B MRSA §113 is enacted to read:
§113.  Security at National Guard military facilities and real property of the 
department
This section governs the provision of security at National Guard military facilities 
and real property of the department.
1.  Appointment of a provost marshal.  The Adjutant General may appoint a 
provost marshal to oversee security at National Guard military facilities and real property 
of the department consistent with federal regulations governing similar federally owned 
facilities located in the State.  The provost marshal is an authorized recipient of 
confidential criminal history records for the purpose of carrying out the position's duties 
under state law.
2.  Designation of military facilities.  For purposes of this section, the Adjutant 
General may designate all or portions of department facilities or real property as military 
facilities.
3.  Funding.  Modifications of National Guard military facilities or real property of 
the department or changes to protocols or procedures or actions to provide security in a 
manner consistent with federal regulations governing similar federally owned facilities in 
the State are limited to those that are without cost or are federally funded either directly 
or indirectly through a cooperative agreement.
4.  Authority to protect certain assets.  In compliance with federal law, and subject 
to conditions and limitations as promulgated by the United States Department of Defense 
or its military departments, the National Guard is authorized to use all means necessary to 
protect its assets that are inherently dangerous or vital to national security.
Sec. 6.  37-B MRSA §143, as repealed and replaced by PL 1997, c. 455, §13, is 
amended to read:
§143.  Pay and allowances
1.  Pay and allowances.  Members Subject to subsection 2 and section 150, members 
of the Maine National Guard ordered to active state service under this Title, except under 
section 150, section 181-A, subsections 1 to 5 are entitled to receive at least the same pay 
and allowance allowances as would be payable to those persons from the United States 
Armed Forces.  The member's Such pay, except for that pay of those members serving 
under section 150, must include a minimum may not be less than pay based upon at least 
hours a day at the state minimum wage.
2.  Cooperative agreement pay and allowances.  Members and retired members of 
the Maine National Guard called to active state service under section 181-A, subsection 5 
in support of a cooperative agreement with the Federal Government are entitled to receive 
the same pay and allowances as would be payable to those persons from the United States 
Armed Forces, but not more than the pay and allowances payable in accordance with the 
terms of the cooperative agreement.  Pay may not be less than pay based upon 12 hours a 
day at the state minimum wage.
Sec. 7.  37-B MRSA §147, as amended by PL 2003, c. 583, §5, is repealed.
Sec. 8.  37-B MRSA §150, as amended by PL 1995, c. 196, Pt. A, §2, is further 
amended to read:
§150.  Unauthorized voluntary service without pay prohibited
A unit of the state military forces may not perform any voluntary active state service 
without pay, unless authorized by express order of the Governor.
An officer, warrant officer or enlisted person or any retired officer, retired warrant 
officer or retired enlisted person of the state military forces may not perform any 
voluntary active state service without pay, unless authorized by express order of the 
Governor, the Adjutant General or the Deputy Adjutant General.
Sec. 9.  37-B MRSA §181-A, sub-§5, as enacted by PL 1995, c. 600, §2, is 
amended to read:
5.  Military duty by consent.  The Governor, or the Governor's designee, Adjutant 
General or Deputy Adjutant General may order call a member or retired member of the 
Maine National Guard, with that member's consent, to perform active state service of any 
nature.
Sec. 10.  37-B MRSA §190, as enacted by PL 2017, c. 108, §5, is repealed.
Sec. 11.  37-B MRSA §264, sub-§3, ¶Q, as amended by PL 2015, c. 37, §2, is 
further amended to read:
Q.  The Gardiner Armory, located on Brunswick Avenue, Gardiner, by means of a 
quitclaim deed as long as the purchaser agrees to indemnify and hold harmless the 
State from all claims, including any environmental clean-up costs that may arise in 
connection with the land or the buildings constituting the armory; and
Sec. 12.  37-B MRSA §264, sub-§3, ¶R, as enacted by PL 2015, c. 37, §3, is 
amended to read:
R.  The Belfast Armory, located on U.S. Route 1, Belfast, by means of a quitclaim 
deed as long as the purchaser agrees to indemnify and hold harmless the State from 
all claims, including any environmental clean-up costs that may arise in connection 
with the land or the buildings constituting the armory.; and
Sec. 13.  37-B MRSA §264, sub-§3, ¶S is enacted to read:
S.  The South Portland Air National Guard Station, located on Western Avenue, 
South Portland, by means of a quitclaim deed as long as the purchaser agrees to 
indemnify and hold harmless the State from all claims, including any environmental 
clean-up costs that may arise in connection with the land or the buildings constituting 
the station.
Sec. 14.  37-B MRSA §343, as enacted by PL 2005, c. 353, §4, is repealed.
Sec. 15.  37-B MRSA §462 is enacted to read:
§462.  Operating under the influence
1.  Prohibition; operating under the influence.  Any person subject to this Code 
who commits an offense prohibited under Title 29-A, section 2411 is guilty of that 
offense under this Code.
2.  Punishment.  Any person subject to this Code who is found guilty of an offense 
prohibited under Title 29-A, section 2411 may be punished as a court-martial may direct.
SUMMARY
This bill makes the following changes in the laws relating to the Department of 
Defense, Veterans and Emergency Management:
1.  It moves the law relating to parental rights and responsibilities of active-duty 
parents from the laws pertaining to the Military Bureau to the laws governing domestic 
relations;
2.  It limits the award, in any civil action brought under the laws regarding 
preservation of status and right to benefits of members of the Maine National Guard or 
the Reserves of the United States Armed Forces, of reasonable attorney's fees and costs to 
any prevailing member of the Maine National Guard or the Reserves of the United States 
Armed Forces;
3.  It allows any federally recognized general officer currently serving in the Maine 
National Guard to be appointed Deputy Adjutant General;
4.  It eliminates the requirement that a federally recognized officer must command 
the Joint Force Headquarters;
5.  It moves the law relating to security at Maine National Guard military facilities 
and the real property of the department from the laws pertaining to the activation of state 
military forces to the laws governing the organization of state military forces.  It also 
allows the provost marshal to receive confidential criminal history records and allows the 
Maine National Guard to use all means necessary to protect its assets that are inherently 
dangerous or vital to national security;
6.  It repeals the law governing retired officers and the retired list and amends the 
laws governing the Governor's authority to activate state military forces to allow the 
Adjutant General or Deputy Adjutant General to call a member or retired member of the 
Maine National Guard, with that member's consent, to perform active state service;
7.  It amends the law prohibiting any voluntary active state service without the 
express order of the Governor to specify that the active state service prohibited is service 
without pay.  It also specifies that members and retired members of the Maine National 
Guard in active state service pursuant to a cooperative agreement with the Federal 
Government are entitled to the same pay as is received by persons from the United States 
Armed Forces, but that the pay may not be less than pay based upon a 12-hour day at the 
state minimum wage nor more than that allowed pursuant to the cooperative agreement;
8.  It allows the Adjutant General to sell the South Portland Air National Guard 
Station; and
9.  It adds violations under the motor vehicle laws prohibiting operating under the 
influence as violations under the Maine Code of Military Justice.