An Act to Implement the Recommendations of the Governor's Advisory Council on Military Sexual Trauma
Maine Legislature, Session 131, LD 1783
Committee: Veterans and Legal Affairs
Sponsors: RIELLY, HICKMAN, BOYER, JAUCH, MALON, MILLIKEN, MONTELL, RISEMAN, RUDNICKI, SUPICA
Amends: 5 MRSA §3360-C, 37-B MRSA §3, 37-B MRSA §390-D

Legislative Document
No. 1783
H.P. 1146
House of Representatives, April 25, 2023
An Act to Implement the Recommendations of the Governor's 
Advisory Council on Military Sexual Trauma
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RIELLY of Westbrook.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: BOYER of Poland, JAUCH of Topsham, MALON of Biddeford, MILLIKEN 
of Blue Hill, MONTELL of Gardiner, RISEMAN of Harrison, RUDNICKI of Fairfield, 
SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §3360-C, sub-§1, as amended by PL 2003, c. 243, §4, is further 
amended by enacting at the end a new first blocked paragraph to read:
For purposes of this subsection, an unrestricted report of sexual assault or sexual 
harassment made to the Maine National Guard by a current or former member of the Maine 
National Guard is a crime reported to a law enforcement officer.
Sec. 2.  37-B MRSA §3, sub-§1, ¶D, as amended by PL 2021, c. 634, Pt. B, §§10 
and 11, is further amended by amending subparagraph (25) to read:
(25)  By February 15, 2023 December 6, 2023, and annually thereafter, the 
Adjutant General shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over veterans affairs containing:
(a)  Data regarding all reported incidents of sexual assault and sexual 
harassment within the National Guard in each of the preceding 10 years, 
including information on the current duty status of victims and the outcome of 
any state or federal criminal or Maine Code of Military Justice proceedings 
arising out of such incidents, to the extent that the sharing of such data and 
information is not prohibited by federal law or federal regulation and can be 
presented in a way that does not identify, and that cannot be used with other 
information to identify, any victim of sexual assault or sexual harassment.  If 
necessary to protect the identity of victims of sexual assault or sexual 
harassment, the Adjutant General may submit a summary of specific items of 
data or information required to be included in the report;
(b)  A description of all sexual assault and sexual harassment prevention 
training provided to members of the National Guard in the preceding year;
(c)  A description of the current practices and procedures for the prevention of 
sexual assault and sexual harassment and investigation of and disciplinary 
actions taken in response to reports of sexual assault and sexual harassment in 
the National Guard; and
(d)  A summary of the activities during the preceding year of any advisory 
council or special study group convened by the Governor or the department or 
in which officials of the department have been asked to participate whose 
duties involve, at least in part, examining or making recommendations 
regarding the prevention of or the response to sexual assault and sexual 
harassment in the National Guard or, if no advisory council or special study 
group with such duties engaged in activities during the preceding year, a 
statement to that effect.
After reviewing the report, the committee may report out legislation related to the 
report.
Sec. 3.  37-B MRSA §3, sub-§1, ¶D, as amended by PL 2021, c. 634, Pt. B, §§10 
and 11, is further amended by enacting a new subparagraph (26) to read:
(26)  By December 6, 2023, and annually thereafter, to the extent allowed by 
federal law, the Adjutant General shall submit a report to the joint standing 
committee of the Legislature having jurisdiction over veterans affairs containing 
the:
(a) Aggregate number of new members of the Maine National Guard broken 
down by gender in the previous year; 
(b) Aggregate discharge numbers of Maine National Guard members broken 
down by gender in the previous year; 
(c) Aggregate promotion rates from the previous year of Maine National Guard 
members broken down by gender; 
(d) Aggregate data or coded reason for discharge of all Maine National Guard 
members discharged in the previous year broken down by gender; 
(e) Percentages of Maine National Guard members broken down by gender 
reporting sexual harassment and sexual assault as measured by the anonymous 
survey with the highest percentage of Maine National Guard members having 
completed surveys from the previous year; and 
(f) Number of restricted and unrestricted reports of sexual harassment and 
sexual assault in the Maine National Guard by year broken down by gender of 
the reporting party.
Sec. 4.  37-B MRSA §390-D is enacted to read:
§390-D.  Paid leave pending completion of sexual harassment investigation or sexual 
assault investigation
A full-time or part-time member of the Maine National Guard who reports that the 
member is a victim of a sexual assault or of sexual harassment by another member of the 
Maine National Guard may request paid leave during any pending investigation, and paid 
leave must be granted if the reporting party requests it. A full-time or part-time member of 
the Maine National Guard who is the responding party in an investigation of sexual 
harassment or sexual assault must be placed on paid leave pending completion of the 
investigation, unless the reporting party consents to an alternative arrangement after 
consultation with counsel for the Maine National Guard. If a reporting party takes paid 
leave but wishes to return to work prior to completion of the investigation, an evaluation 
of supervisory or reporting structures must be completed and modified as necessary to 
avoid further harassment, discrimination or other alleged conduct by the responding party.
Sec. 5.  Report by Adjutant General. By December 6, 2023, the Adjutant General 
shall submit a report to the Joint Standing Committee on Veterans and Legal Affairs. The 
report must contain any report made to the Governor or any summary of activities of the 
Governor's Advisory Council on Military Sexual Trauma that was established by Executive 
Order 1 FY 21/22 and must include any additional information examining or making 
recommendations for the prevention of or the response to sexual assault and sexual 
harassment in the Maine National Guard. After reviewing the report and any summary of 
activities, the committee may report out legislation to the Second Regular Session of the 
131st Legislature to implement the report's recommendations. In its deliberations, the 
committee may consider whether to establish an advisory council on sexual trauma in the 
Maine National Guard.
Sec. 6.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Purchased Social Services 0228
Initiative: Provides ongoing appropriations for a military sexual trauma liaison and 
programming costs.
GENERAL FUND
2023-24
2024-25
All Other
$140,000
$140,000
__________
__________
GENERAL FUND TOTAL
$140,000
$140,000
SUMMARY
This bill implements recommendations from the Governor's Advisory Council on 
Military Sexual Trauma. The bill does the following.
1.  It amends the duties of the Adjutant General to require an annual report to the joint 
standing committee of the Legislature having jurisdiction over veterans affairs that 
includes: the aggregate number of new members of the Maine National Guard broken down 
by gender in the previous year; the aggregate discharge numbers of Maine National Guard 
members broken down by gender in the previous year; the aggregate promotion rates from 
the previous year of Maine National Guard members broken down by gender; the aggregate 
data or coded reason for discharge of all Maine National Guard members discharged in the 
previous year broken down by gender; the number of restricted and unrestricted reports of 
sexual harassment and sexual assault in the Maine National Guard by year broken down by 
gender of the reporting party; and the percentages of Maine National Guard members 
broken down by gender reporting sexual harassment and sexual assault as measured by an 
anonymous survey.
2.  It establishes paid leave for full-time or part-time members of the Maine National 
Guard who report being a victim of a sexual assault or sexual harassment by another 
member of the Maine National Guard and for the respondent.
3.  It amends requirements of the Victims' Compensation Fund statute to specify that 
for purposes of awarding compensation an unrestricted report of sexual assault or sexual 
harassment made to the Maine National Guard by a current or former member of the Maine 
National Guard is a crime reported to a law enforcement officer.
4.  It amends the date of the Adjutant General's annual report to the joint standing 
committee of the Legislature having jurisdiction over veterans affairs regarding sexual 
assault and sexual harassment in the Maine National Guard.
5.  It requires the Adjutant General to report to the Joint Standing Committee on 
Veterans and Legal Affairs on the activities of the Governor's Advisory Council on Military 
Sexual Trauma.
6.  It appropriates ongoing funds for a military sexual trauma liaison and programming 
costs.