An Act To Update Laws Affecting the Military LR2491(02)
Maine Legislature, Session 121, LD 1752
Committee Amendment CA_A_H752 (House)

COMMITTEE AMENDMENT "~,, to H.P. 1274, 
Act To Update Laws Affecting the Military" 
L.D. 1752, Bill, "An 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 18·A MRSA §5·104, sub·§b, as enacted by PL 1997, c. 
455, §7, is amended to read: 
(b) 
Notwithstanding subsection (a), unless otherwise stated 
in the power of attorney, if the parent or guardian is a member 
of the National Guard or Reserves of the United States Armed 
Forces Reserve under an order to active duty for a period of more 
than 30 days, a power of attorney that would otherwise expire is 
automatically extended until 30 days after the parent or guardian 
is no longer under those active duty orders or until an order of 
the court so provides. 
This subsection applies only if the parent or guardian's service 
is in support of: 
(1) 
An operational mission for which members of the reserve 
components have been ordered to active duty wi thout thei r 
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.' 
Further amend the bill by striking out all of section 2 and 
inserting in its place the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. # to H.P. 1274, L.D. 1752 
'Sec. 2. 18-A MRSA §S-207, sub-§( c), as amended by PL 1999, c. 
303, §1, is further amended 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, except as provided in subsection (c-1). 
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 eaBBe~ can not be 
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. 18-A MRSA §S-207, sub-§(c-l) is enacted to read: 
(c-1) 
If one of the parents of a minor is a member of the 
National Guard or 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 subsection 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. ' 
Further amend the bill by striking out all of section 5 
(page 2, lines 27 to 37 in L.D.) 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
or renumbering any 
number 
to 
read 
SUMMARY 
This 
amendment clarifies that the 
prov~s~on of the bill 
regarding extension of temporary guardianship applies to members 
of the National Guard as well as members of the Reserves of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·4 .. to H.P. 1274, L.D. 1752 
United States Armed Forces. 
The amendment adds a provision to 
make the same clarification in the provision of law regarding 
extension of power of attorney. 
The amendment eliminates the 
provision of the bill that amends the tax exemption for military 
property. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/01/04 frac:.. 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1752 
An Act To Update Laws Affecting the Military 
LR2491(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Undetennined current biennium cost increase - Federal Expenditures Fund 
Undetermined current biennium cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Reducing the number of consecutive days that a Maine National Guard member must be on active status in order to 
participate in the Maine State Retirement System from 15 days to 5 days will increase the number of members eligible 
to participate. This will increase the normal cost component of the employer retirement rate associated with the 
payroll of those employees that join the system. The additional cost to the Military Training and Operations program 
within the Department of Defense, Veterans and Emergency Management can not be determined at this time and will 
depend on the number of eligible Maine National Guard members who choose to join the Maine State Retirement 
System. 
LR2491(2) - Fiscal Note - Page 1 of 1