An Act To Update Laws Affecting the Military
Maine Legislature, Session 121, LD 1752
Committee: Legal and Veterans Affairs
Sponsors: CANAVAN
Amends: 5 MRSA §17652, 18-A MRSA §5, 37-B MRSA §188, 37-B MRSA §306, 37-B MRSA §342

Legislative Document 
No. 1752 
H.P.1274 
House of Representatives, December 22,2003 
An Act To Update Laws Affecting the Military 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Legal and Veterans Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representati ve CLARK of Millinocket. 
Cosponsored by Representative CANAVAN of Waterville. 
Printed on recycled paper 
17/~ 
/h.1JldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §17652, sub-§5, as reallocated by RR 2003, c. 
1, §4, is amended to n~ad: 
5. 
Certain members of the Maine National Guard. 
A member 
of the Maine National Guard who is not governed by section 17651 
and who is on active state service for more than ±e ~ consecutive 
days pursuant to Title 37-B may elect to be a member of the Maine 
State Retirement System. 
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. 
Once a member of the Maine National Guard makes an election under 
this subsection, that election is irrevocable. 
A member of the 
Maine National Guard on active state service pursuant to Title 
-B may participate in the tax-deferred arrangement of chapter 
67. 
Sec. 2. 18-A MRSA §5-207, sub-§(c), as amended by PL 1999, c. 
303, §l, is further am~:mded to read: 
(c) 
If 
necessary, 
the 
court 
may 
appoint 
a 
temporary 
guardian, with the status of an ordinary guardian of a minor, but 
the authority of a temporary guardian may not last longer than 6 
months. 
Notwithstanding this subsection, if one of the parents of the 
minor is a member of the Reserves of the United States Armed 
Forces under an order to active duty for a period of more than 30 
days, 
a temporary guardianship that would otherwise expire is 
automatically extended until 
days after the parent is no 
longer under those active duty orders or until an order of the 
court so provides. 
This exception applies only if the parent's 
service is in support of: 
(1) 
An operational mission for which members of the reserve 
components have been ordered to active duty without their 
consent; or 
(2) 
Forces activated during a period of war declared by 
Congress or a period of national emergency declared by the 
President or Congress. 
Notice of hearing on the petition for the appointment of 
a 
temporary guardian must be served as provided under subsection 
(a), except that the notice must be given at least 5 days before 
the hearing, and notice need not be given to any person whose 
address and present whereabouts are unknown and eaBBet: can not be 
Page l-LR249l(1) 
ascertained by due diligence. 
Upon a showing of good cause, the 
court may waive service of the notice of hearing on any person, 
other than the minor, if the minor is at least 14 years of age. 
Sec. 3. 37-B MRS A §147, sub-§2, as amended by PL 2001, c. 662, 
§2l, is further amended to read: 
2. 
Rights. 
Any person who has served as a commissioned 
officer in the state military forces for at least 9 years may, 
upon personal request, be placed upon the retired list. 
When 
placed upon the retired list, 
an officer must be given the 
highest rank that person held and federally recognized during the 
person's term of service. 
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Retired officers are entitled to wear the uniform of 
the rank with which they were retired. 
No commissioned officer 
in the state military forces may be removed from office without 
the person's consent, except by sentence of a court-martial or by 
a board of officers in a manner prescribed by law. 
Sec. 4. 37-B MRSA §188, as enacted by PL 1983, c. 460, §3, is 
repealed. 
Sec. 5. 37-B MRSA §306, as enacted by PL 1983, c. 460, §3, is 
amended to read: 
§306. 
Tax exemption 
Al~ Notwithstanding Title 36, 
section 
or 
any other 
provision of law, all real estate and personal property owned or 
leased by the S~a~eT-ey-~-~~~~~~-~-~~-aHy-9F~aHiBa~i9H 
9~--~a&-~~~-~~~~~y--f9F€es--aHe-~-~~--mJ~i~~~y--pYFp9ses 
Military Bureau is exempt from all taxation during the period of 
that ownership or lease aHe-YSe. 
Sec. 6. 37-B MRSA §342. sub-§5. ~B, as amended by PL 2001, c. 
662, §36, is further amended to read: 
B. 
All officials and employees of the State who are members 
of the National Guard or the Reserves of the United States 
Armed Forces must have a leave of absence not to exceed 17 
work days each calendar year from their respective duties, 
without loss of payor time, 
when 
eH~a~ee--iH ru;rforming 
military ~FaiHiR~ duty and without loss of time or leave for 
all other military 
~FaiRiR~ duty, during which the members 
are so engaged. 
SUMMARY 
This bill amends laws relating to military personnel and the 
tax exemption for military property. 
It repeals the provision 
that provides 
a 
commanding 
officer authority, 
under 
certain 
circumstances, 
to close a 
place where intoxicating beverages, 
arms, ammunition 
or explosives are sold.