An Act To Improve the Delivery of Services and Benefits to Maine's Veterans and Provide Tuition Assistance to Members of the Maine National Guard
PART A
Sec. A-1. 37-B MRSA §3, sub-§1, ¶D, as amended by PL 2013, c. 469, §1 and c. 569, §2, is further amended to read:
(1) The Adjutant General shall administer the department subordinate only to the Governor.
(2) The Adjutant General shall establish methods of administration consistent with the law necessary for the efficient operation of the department.
(3) The Adjutant General may prepare a budget for the department.
(4) The Adjutant General may transfer personnel from one bureau to another within the department.
(5) The Adjutant General shall supervise the preparation of all state informational reports required by the federal military establishment.
(6) The Adjutant General shall keep an accurate account of expenses incurred and, in accordance with Title 5, sections 43 to 46, make a full report to the Governor as to the condition of the military forces, and as to all business transactions of the Military Bureau, including detailed statements of expenditures for military purposes.
(7) The Adjutant General is responsible for the custody, care and repair of all military property belonging to or issued to the State for the military forces and shall dispose of military property belonging to the State that is unserviceable. The Adjutant General shall account for and deposit the proceeds from that disposal with the Treasurer of State, who shall credit them to the Capital Repair, Maintenance, Construction and Acquisition Account of the Military Bureau.
(8) The Adjutant General may sell for cash to officers of the state military forces, for their official use, and to organizations of the state military forces, any military or naval property that is the property of the State. The Adjutant General shall, with an annual report, render to the Governor an accurate account of the sales and deposit the proceeds of the sales with the Treasurer of State, who shall credit them to the General Fund.
(9) The Adjutant General shall represent the state military forces for the purpose of establishing the relationship between the federal military establishment and the various state military staff departments.
(10) The Adjutant General shall accept, receive and administer federal funds for and on behalf of the State that are available for military purposes or that would further the intent and specific purposes of this chapter and chapter 3. The Adjutant General shall provide the personnel, supplies, services and matching funds required by a federal cost-sharing arrangement pursuant to 31 United States Code, Chapters 63 and 65 (2013); 32 United States Code (2013); and National Guard Regulation 5-1 (2010). The Adjutant General shall receive funds and property and an accounting for all expenditures and property acquired through such a federal cost-sharing arrangement and make returns and reports concerning those expenditures and that property as required by such a federal cost-sharing arrangement.
(11) The Adjutant General shall acquire, construct, operate and maintain military facilities necessary to comply with this Title and Title 32 of the United States Code and shall operate and maintain facilities now within or hereafter coming within the jurisdiction of the Military Bureau.
(12) The Adjutant General may adopt rules pertaining to compliance with state and federal contracting requirements, subject to Title 5, chapter 375. Those rules must provide for approval of contracts by the appropriate state agency.
(13) The Adjutant General shall allocate and supervise any funds made available by the Legislature to the Civil Air Patrol.
(14) The Adjutant General shall report at the beginning of each biennium to the joint standing committee of the Legislature having jurisdiction over veterans' affairs on any recommended changes or modifications to the laws governing veterans' affairs, particularly as those changes or modifications relate to changes in federal veterans' laws. The report must include information on the status of communications with the United States Department of Veterans Affairs regarding the potential health risks to and the potential disabilities of veterans who as members of the Maine National Guard were exposed to environmental hazards at the Canadian military support base in Gagetown, New Brunswick, Canada.
(15) The Adjutant General may receive personal property from the United States Department of Defense that the Secretary of Defense has determined is suitable for use by agencies in law enforcement activities, including counter-drug activities, and in excess of the needs of the Department of Defense pursuant to 10 United States Code, Section 2576a, and transfer ownership of that personal property to state, county and municipal law enforcement agencies notwithstanding any other provision of law. The Adjutant General may receive excess personal property from the United States Department of Defense for use by the department, notwithstanding any other provision of law.
(16) The Adjutant General may establish a science, mathematics and technology education improvement program for schoolchildren known as the STARBASE Program. The Adjutant General may accept financial assistance and in-kind assistance, advances, grants, gifts, contributions and other forms of financial assistance from the Federal Government or other public body or from other sources, public or private, to implement the STARBASE Program. The Adjutant General may employ a director and other employees, permanent or temporary, to operate the STARBASE Program.
(17) The Adjutant General shall establish a system, to be administered by the Director of the Bureau of Maine Veterans' Services, to express formally condolence and appreciation to the closest surviving family members of members of the United States Armed Forces who, since September 11, 2001, are killed in action or die as a consequence of injuries that result in the award of a Purple Heart medal. In accordance with the existing criteria of the department for the awarding of gold star medals, this system must provide for the Adjutant General to issue up to 3 gold star medals to family members who reside in the State, one to the spouse of the deceased service member and one to the parents of the service member. If the parents of the service member are divorced, the Adjutant General may issue one medal to each parent. If the service member has no surviving spouse or parents or if they live outside of the State, the Adjutant General may issue a gold star medal to the service member's next of kin, as reported to the department, who resides in the State.
(18) The Adjutant General may establish a National Guard Youth Challenge Program consistent with 32 United States Code, Section 509 (1990). The Adjutant General may accept financial assistance from the Federal Government or other public body or from other sources, public and private, to implement the National Guard Youth Challenge Program. The Adjutant General may employ a director and other employees, permanent or temporary, to operate the program.
(19) The Adjutant General may execute cooperative agreements for purposes described or defined by this Title and other arrangements necessary to operate the department.
(20) The Adjutant General shall act as the Governor's homeland security advisor.
(21) The Adjutant General shall implement a program to identify residents of the State who are not considered veterans but are military retirees or former members of the Maine Army National Guard or Maine Air National Guard who successfully completed service.
Sec. A-2. 37-B MRSA §501, first ¶, as amended by PL 1997, c. 455, §17, is further amended to read:
The Bureau of Maine Veterans' Services, referred to in this chapter as the "bureau," is established and shall provide informational services, program assistance, memorial facilities and financial aid to veterans in the State and their dependents in order to ensure that they receive all entitlements due under the law, are relieved to the extent possible of financial hardship, receive every opportunity for self-improvement through higher education and are afforded proper recognition for their service and sacrifice to the Nation. The bureau shall serve as the primary source of information for veterans in the State regarding all services, benefits and honors administered by the State and, to the maximum extent possible, services and benefits provided by the United States Department of Veterans Affairs, veterans' service organizations and other organizations dedicated to serving veterans.
Sec. A-3. 37-B MRSA §503, sub-§§7 and 8 are enacted to read:
The program objectives listed in this subsection may also be used to assist the commissioner to identify residents of this State who are military retirees or former members of the Army National Guard or Air National Guard who completed service requirements but never served on active duty pursuant to section 3, subsection 1, paragraph D, subparagraph (21).
Sec. A-4. Director of the Bureau of Maine Veterans' Services to establish mobile Veteran Service Officer positions. No later than October 15, 2016, the Director of the Bureau of Maine Veterans' Services within the Department of Defense, Veterans and Emergency Management shall establish 2 additional Veteran Service Officer positions within the bureau. The positions may not be assigned exclusively to a particular region or office within the State but must be used to assist veterans in the State where the demand for services is greatest, as determined by the director.
PART B
Sec. B-1. 30-A MRSA §5047, sub-§1, as amended by PL 2007, c. 600, §2, is further amended to read:
Sec. B-2. 30-A MRSA §5048, sub-§7, as amended by PL 2007, c. 600, §4, is further amended to read:
Sec. B-3. 30-A MRSA §5048, sub-§8, as enacted by PL 2007, c. 600, §5, is amended to read:
Sec. B-4. 30-A MRSA §5048, sub-§9 is enacted to read:
The Director of the Bureau of Maine Veterans' Services shall periodically report to the council regarding the progress of implementing the strategies described in this subsection. Beginning February 1, 2018, the director shall report annually to the joint standing committee of the Legislature having jurisdiction over veterans affairs on the implementation of the strategic plan. The report must include, but is not limited to, the effect of the strategic plan on homelessness among veterans based on the measurements required to be established by this subsection.
Sec. B-5. Development of initial strategic plan. By February 15, 2017, the Statewide Homeless Council, established in the Maine Revised Statutes, Title 30-A, chapter 202, subchapter 5-A, shall develop an initial strategic plan pursuant to Title 30-A, section 5048, subsection 9.
Sec. B-6. Report to Legislature. By March 1, 2017, the Director of the Bureau of Maine Veterans' Services within the Department of Defense, Veterans and Emergency Management shall present the strategic plan developed pursuant to the Maine Revised Statutes, Title 30-A, section 5048, subsection 9, including a description of the process used to develop it, to the joint standing committee of the Legislature having jurisdiction over veterans affairs.
Sec. B-7. Director of the Bureau of Maine Veterans' Services to establish Veteran Service Officer position. No later than February 1, 2017, the Director of the Bureau of Maine Veterans' Services within the Department of Defense, Veterans and Emergency Management shall establish one additional Veteran Service Officer position within the bureau. Duties must include coordination of efforts to address homelessness among veterans in the State.
PART C
Sec. C-1. 36 MRSA §1760, sub-§100 is enacted to read:
Sec. C-2. Effective date. This Part takes effect August 1, 2016.
PART D
Sec. D-1. 37-B MRSA §152, sub-§2, as amended by PL 2003, c. 488, §1 and affected by §5, is further amended to read:
Sec. D-2. 37-B MRSA §154, as amended by PL 2013, c. 469, §2, is further amended to read:
§ 154. Capital Repair, Maintenance, Construction and Acquisition Account
Except as provided in section 353 353-A, the Capital Repair, Maintenance, Construction and Acquisition Account is established in the Military Bureau as a nonlapsing fund to assist in defraying the capital repair, maintenance and construction of state-owned properties of the Military Bureau, as well as purchasing land for training sites. The bureau may not spend $500,000 or more for any single capital repair, maintenance or construction project or land acquisition unless that expenditure is approved in advance by the Legislature. Not later than January 1st of each odd-numbered year, the bureau shall submit a list to the Legislature that identifies the location, nature and cost of each planned capital repair, maintenance and construction project and land acquisition costing less than $500,000.
Sec. D-3. 37-B MRSA §155, as amended by PL 2003, c. 488, §3 and affected by §5, is further amended to read:
§ 155. Reimbursement fund
The Maine National Guard may provide services in accordance with section 181-A, subsections 4 and 5 and section 183 for federal, state, county, regional and municipal governments and agencies and nongovernmental entities and may charge for those services. Except as provided in section 353 353-A, the fees collected must first be allocated for funding the cost of providing those services, and any remaining fees may be expended only within the Military Bureau.
Sec. D-4. 37-B MRSA §352, sub-§§4 to 7, as enacted by PL 2003, c. 488, §4 and affected by §5, are amended to read:
Sec. D-5. 37-B MRSA §353, as amended by PL 2013, c. 469, §5, is repealed.
Sec. D-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 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.
§ 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-time 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 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.
§ 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.
Sec. D-7. 37-B MRSA §354, sub-§§2 and 3, as enacted by PL 2003, c. 488, §4 and affected by §5, are amended to read:
Sec. D-8. 37-B MRSA §354, sub-§4 is enacted to read:
Sec. D-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:
Sec. D-10. 37-B MRSA §356, sub-§2, as enacted by PL 2003, c. 488, §4 and affected by §5, is amended to read:
Sec. D-11. 37-B MRSA §356, sub-§4 is enacted to read:
Sec. D-12. 37-B MRSA §357, as enacted by PL 2003, c. 488, §4 and affected by §5, is repealed and the following enacted in its place:
§ 357. In-state tuition rates
A member who is approved to receive tuition benefits under this subchapter qualifies for in-state tuition rates.
Sec. D-13. 37-B MRSA §358, as enacted by PL 2003, c. 488, §4 and affected by §5, is repealed.
Sec. D-14. 37-B MRSA §§359 and 360 are enacted to read:
§ 359. Mobilized or deployed members
Any member who is a student receiving a tuition benefit under this subchapter who is mobilized or deployed is entitled to an extension of the time the tuition benefit may be claimed equal to the amount of time served on active duty.
§ 360. Policies and implementation
The Adjutant General is responsible for overall policies, guidance, administration and proper use of the program provided for in this subchapter.
Sec. D-15. Transfer from General Fund unappropriated surplus; Maine National Guard Postsecondary Fund, Other Special Revenue Funds account; fiscal year 2016-17. Notwithstanding any other provision of law, the State Controller shall transfer $2,500,000 from the General Fund unappropriated surplus to the Maine National Guard Postsecondary Fund, Other Special Revenue Funds account within the Department of Defense, Veterans and Emergency Management no later than August 1, 2016.
PART E
Sec. E-1. Identify potential inefficiencies and propose improvements to veterans' services. The University of Maine System and the Maine Community College System, for their respective campuses and in consultation with the Department of Defense, Veterans and Emergency Management, Bureau of Maine Veterans' Services, shall each:
1. Identify the needs of student-veterans and potential student-veterans attempting to achieve a postsecondary education to degree completion, including but not limited to their ability to gain admission to the University of Maine System or the Maine Community College System, successfully meet the requirements of a course of study, successfully transition to civilian life in a supportive educational environment, obtain available federal veterans' benefits and successfully meet personal and financial obligations;
2. Identify existing services specifically for student-veterans and other services available to student-veterans on each campus that meet the needs identified in subsection 1;
3. Assess the effectiveness in meeting the needs identified in subsection 1 of existing services specifically for student-veterans and other services available to student-veterans on each campus;
4. Determine what services are not currently being offered that, if offered, would meet the needs identified in subsection 1; and
5. Propose services and solutions that fulfill the needs identified in subsection 1 on each campus or across campuses that are based upon best practices in postsecondary educational institutions within the State and nationwide.
Sec. E-2. Report. By January 15, 2017, the University of Maine System and the Maine Community College System shall each submit a report of its findings and proposals under section 1 to the joint standing committees of the Legislature having jurisdiction over education and cultural affairs and veterans and legal affairs. Each joint standing committee is authorized to introduce a bill to the First Regular Session of the 128th Legislature related to the subject matter of the reports.
PART F
Sec. F-1. Transfer; Gambling Control Board; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $628,720 in unexpended funds from the Gambling Control Board Administrative Expenses, Other Special Revenue Funds account in the Department of Public Safety to the General Fund unappropriated surplus on or before August 1, 2016.
Sec. F-2. Appropriations and allocations. The following appropriations and allocations are made.
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF
Maine National Guard Postsecondary Fund Z190
Initiative: Provides an allocation to increase access to postsecondary education for Maine National Guard members.
OTHER SPECIAL REVENUE FUNDS | 2015-16 | 2016-17 |
All Other
|
$0 | $500,000 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $500,000 |
Veterans Services 0110
Initiative: Provides funding for one Veteran Service Officer position and related costs.
GENERAL FUND | 2015-16 | 2016-17 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 1.000 |
Personal Services
|
$0 | $81,258 |
All Other
|
$0 | $10,000 |
GENERAL FUND TOTAL | $0 | $91,258 |
Veterans Services 0110
Initiative: Provides funding for 2 Veteran Service Officer positions and related costs.
GENERAL FUND | 2015-16 | 2016-17 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 2.000 |
Personal Services
|
$0 | $162,516 |
All Other
|
$0 | $28,000 |
GENERAL FUND TOTAL | $0 | $190,516 |
Veterans Services 0110
Initiative: Provides funding for the purchase and maintenance of an electronic case management system.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $80,000 |
GENERAL FUND TOTAL | $0 | $80,000 |
Veterans Services 0110
Initiative: Provides funding to implement a marketing and outreach program for veterans.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $186,400 |
GENERAL FUND TOTAL | $0 | $186,400 |
Veterans Services 0110
Initiative: Establishes headcount for one Veterans Outreach Specialist position.
GENERAL FUND | 2015-16 | 2016-17 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 1.000 |
GENERAL FUND TOTAL | $0 | $0 |
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
$0 | $548,174 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $500,000 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $1,048,174 |
UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE
Debt Service - University of Maine System 0902
Initiative: Deappropriates funds on a one-time basis due to a delay in the issuance of an estimated $21,000,000 university revenue bond. The delay will move the debt service payments approved in Public Law 2015, Chapter 267 forward by one year and will end fiscal year 2025-26.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | ($2,500,000) |
GENERAL FUND TOTAL | $0 | ($2,500,000) |
UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE | ||
DEPARTMENT TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
$0 | ($2,500,000) |
DEPARTMENT TOTAL - ALL FUNDS | $0 | ($2,500,000) |
SECTION TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
$0 | ($1,951,826) |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $500,000 |
SECTION TOTAL - ALL FUNDS | $0 | ($1,451,826) |