An Act To Allow Certain Military Personnel To Administer Oaths and Perform the Duties of a Notary Public
Maine Legislature, Session 126, LD 1516
Committee: State and Local Government
Sponsors: FREDETTE
Amends: 37-B MRSA §390-C

Legislative Document 
No. 1516 
H.P. 1089 
House of Representatives, May 8, 2013 
An Act To Allow Certain Military Personnel To Administer Oaths 
and Perform the Duties of a Notary Public 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FREDETTE of Newport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  37-B MRSA §390-C is enacted to read: 
§390-C.  Administration of oaths and notarial acts 
1.  Power to administer oaths.  A commissioned or warrant officer of the state 
military forces and other personnel of the state military forces authorized to administer 
oaths under the laws of this State may administer oaths for the purpose of the 
administration of military justice and for other purposes of military administration, 
including administering enlistment oaths to persons enlisting or reenlisting in the 
National Guard.  A commissioned or warrant officer of the United States Armed Forces 
may administer enlistment oaths to persons enlisting or reenlisting in the National Guard. 
2.  Powers of notary public.  A judge advocate or paralegal serving in the state 
military forces has, by virtue of the judge advocate's or paralegal's office and service, the 
powers of a notary public in the performance of all notarial acts to be executed for any 
member of the state military forces or United States Armed Forces or spouse of a member 
of the state military forces or United States Armed Forces.  A fee may not be paid to or 
received by any person for the performance of a notarial act authorized in this subsection.  
The signature of any such person acting as a notary, together with that person's official 
title, is prima facie evidence that the signature is genuine, that the person holds the 
designated title and that the person is authorized to perform a notarial act.  A notarization 
or acknowledgment accomplished under the authority of this subsection must generally 
follow the form below but is not required to be under official seal: 
I, (name of notary public), certify that the foregoing instrument was 
subscribed and (sworn/affirmed) before me this (day of the month) day 
of (month), (year) by (name of person making statement), (state military 
forces or United States Armed Forces service number/social security 
number), and who is known to me to be (a member of the state military 
forces or United States Armed Forces/the spouse of a member of the state 
military forces or United States Armed Forces). 
SUMMARY 
This bill provides that commissioned and warrant officers of the state military forces 
may administer oaths for the purpose of the administration of military justice and for 
other purposes of military administration.  It also provides that judge advocates and 
paralegals serving in the state military forces have the powers of a notary public in the 
performance of all notarial acts to be executed for a member of the state military forces or 
United States Armed Forces or the spouse of a member of the state military forces or 
United States Armed Forces.