Sec. 1. 5 MRSA §17652, sub-§4 is enacted to read:

4.__Active state service.__A member of the Maine National Guard on active state service for more than 15 days pursuant to Title 37-B after September 1, 1995 may elect to be a member of the Maine State Retirement System and may pay contributions or have pick-up contributions made on or receive any service credit for the period from September 1, 1995.__A member of the Maine National Guard on active state service pursuant to Title 37-B who does not elect to participate in the Maine State Retirement System or is not eligible to participate in the Maine State Retirement System shall participate in the United States Social Security System.__A member of the Maine National Guard on active state service pursuant to Title 37-B may participate in the tax- deferred arrangement of Title 5, chapter 67.

Sec. 2. 37-B MRSA §3, sub-§1, ¶D, as amended by PL 2001, c. 662, §14, is further amended by amending subparagraph (15) to read:

(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.

Sec. 3. 37-B MRSA §389, as enacted by PL 2001, c. 662, §40, is repealed and the following enacted in its place:

§389.__Stay of proceeding for military members

1.__Stay of proceeding.__A member of the National Guard or the Reserves of the United States Armed Forces may at any stage of any action or proceeding in any court or administrative hearing in which the member is involved, either as plaintiff, defendant or attorney, during the period of any military service or within 60 days after any military service, at the discretion of the court, case management officer or administrative hearing officer, by the member's own motion or motion of the court, case