An Act to Enable Maine National Guard Commanders to More
Maine Legislature, Session 132, LD 0057
Sponsors: FREDETTE
Amends: 4 MRSA §807, 37-B MRSA §102, 37-B MRSA §148, 37-B MRSA §403, 37-B MRSA §415-A, 37-B MRSA §460, 37-B MRSA §462

Legislative Document
No. 57
H.P. 21
House of Representatives, January 8, 2025
An Act to Enable Maine National Guard Commanders to More 
Efficiently Effect Disciplinary Measures Through the Maine Code of 
Military Justice
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204.
Received by the Clerk of the House on January 6, 2025.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FREDETTE of Newport.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §807, sub-§3, ¶T, as amended by PL 2019, c. 597, §2, is further 
amended to read:
T.  A marine patrol officer who is not an attorney but is representing the Department 
of Marine Resources in a libel proceeding before a District Court under Title 12, section 
6207; or
Sec. 2.  4 MRSA §807, sub-§3, ¶U, as enacted by PL 2019, c. 597, §3, is amended 
to read:
U.  Practice, pursuant to a rule of the Supreme Judicial Court, by a law student enrolled 
in a law school accredited by the American Bar Association.; or
Sec. 3.  4 MRSA §807, sub-§3, ¶V is enacted to read:
V.  An attorney certified by the judge advocate general of that attorney's respective 
military branch representing Maine National Guard members in proceedings conducted 
pursuant to Title 37-B, section 415-A.
Sec. 4.  37-B MRSA §102, as amended by PL 2017, c. 108, §2, is further amended 
to read:
§102.  Composition
1.  State military forces.  The state military forces shall consist consist of:
A.  The Maine Army National Guard and the Maine Air National Guard, referred to in 
this Title as the "National Guard," when either or both are not in federal service and 
state military forces provided under section 3, subsection 1, paragraph D, subparagraph 
(22), but not the Maine Military Authority; and
B.  The militia, the naval militia and the Maine State Guard when and if organized by 
direction of the Governor pursuant to the authority set forth in subchapter IV 4.
Sec. 5.  37-B MRSA §148, as enacted by PL 1983, c. 460, §3, is amended to read:
§148.  Discharge of enlisted persons and termination of officer appointments
An enlisted person discharged from the state military forces shall must receive a 
discharge in the form and with the classification prescribed for the federal military 
establishment.  Discharges may be given prior to the expiration of periods of enlistment 
under these regulations, not inconsistent with those established by the national military 
establishment for the government of the National Guard, as the Governor may prescribe 
pursuant to rules adopted by the Adjutant General.
An officer discharged from the state military forces must receive a discharge in the 
form and with the classification prescribed for the federal military establishment.  An 
officer's state appointment may be terminated prior to the expiration of periods of military 
obligation pursuant to rules adopted by the Adjutant General.  Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 6.  37-B MRSA §403, sub-§1, as amended by PL 2001, c. 662, §42, is further 
amended to read:
1.  Active member.  All members of the state military forces are subject to the Maine 
Code of Military Justice at all times except when in federal service pursuant to United 
States Code, Title 10.
A.  This code applies to members of the state military forces serving out-of-state and 
while going to and returning from service out-of-state to the same extent as a person 
serving within the State.
B.  Offenses committed outside the State may be tried and punished either inside or 
outside the State subject to section 418.
Sec. 7.  37-B MRSA §415-A, sub-§1, ¶A, as enacted by PL 2001, c. 662, §48, is 
amended to read:
A.  A company grade officer commander with the rank of captain or warrant officer 
commander below may impose one or more of the following punishments:
(1)  Forfeiture of up to one day's pay;
(2)  Up to 4 hours of extra duties; or
(3)  Prohibition of promotion of up to one year.; or
(4)  Reduction of one grade for enlisted members in pay grade E-4 and below.
Sec. 8.  37-B MRSA §415-A, sub-§1, ¶B, as enacted by PL 2001, c. 662, §48, is 
amended to read:
B.  A field grade officer commander with the rank of major may impose one or more 
of the following punishments:
(1)  Forfeiture of up to 3 days' pay;
(2)  Up to 8 hours of extra duties; or
(3)  Prohibition of promotion of up to one year.; or
(4)  Reduction of one grade for enlisted members in pay grade E-6 and below.
Sec. 9.  37-B MRSA §415-A, sub-§1, ¶C, as amended by PL 2013, c. 251, §5, is 
further amended to read:
C.  An officer with A commander with the rank of lieutenant colonel in the chain of 
command of an individual being considered for nonjudicial punishment and above may 
impose one or more of the following punishments:
(1)  Forfeiture of up to 5 days' pay;
(2)  Up to 16 hours of extra duties;
(3)  Prohibition of promotion of up to one year; or
(4)  Reduction of one grade for enlisted members.
Sec. 10.  37-B MRSA §460, as enacted by PL 2009, c. 406, §7, is amended to read:
§460.  Behavior Conduct that is prejudicial to good order and discipline of military 
forces or that discredits is of a nature to discredit military forces
Any person subject to this Code who behaves in a manner engages in conduct that is 
prejudicial to the good order and discipline of the military forces or that discredits is of a 
nature to discredit the military forces must be punished as a court-martial may direct.
Sec. 11.  37-B MRSA §462, as enacted by PL 2019, c. 341, §15, is amended to read:
§462.  Operating under the influence and driving to endanger
1.  Prohibition; operating under the influence and driving to endanger.  Any 
person subject to this Code who commits an offense prohibited under Title 29‑A, section 
2411 or 2413 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 or 2413 may be punished as a court‑martial may 
direct.
SUMMARY
This bill makes several changes that enable Maine National Guard commanders to 
more efficiently effect disciplinary measures through the Maine Code of Military Justice.