APPROVED CHAPTER
JULY 27, 2023 474
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 1146 - L.D. 1783
An Act to Implement the Recommendations of the Governor's Advisory
Council on Military Sexual Trauma
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 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
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 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 is in active state
service pursuant to section 181-A and who reports that the member is a victim of a sexual
assault or 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 in
active state service pursuant to section 181-A and who is the responding party in an
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investigation of sexual assault or sexual harassment 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 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.
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT
OF
Military Training and Operations 0108
Initiative: Provides one-time funding to pay for paid leave costs that are not otherwise
reimbursed by another entity.
GENERAL FUND 2023-24 2024-25
Personal Services $0 $126,000
All Other $0 $54,000
__________ __________
GENERAL FUND TOTAL $0 $180,000
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Statutes affected:
Bill Text LD 1783, HP 1146: 5.3360, 37-B.3
Bill Text ACTPUB , Chapter 474: 5.3360, 37-B.3