CHAPTER 353
H.P. 610 - L.D. 859
An Act To Provide Greater Civil Relief Protection for Members of the Military
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §2-506, as enacted by PL 1979, c. 540, §1, is amended to read:
§2-506. Choice of law as to execution
A written will is valid if executed in compliance with section 2-502 or 2-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national or if executed in compliance with 10 United States Code, Section 1044d.
Sec. 2. 18-A MRSA §5-508, sub-§(i) is enacted to read:
(i) Notwithstanding subsections (c) and (d), any military power of attorney executed in accordance with 10 United States Code, Section 1044b is valid in this State.
Sec. 3. 18-A MRSA §5-818 is enacted to read:
§5-818. Military advanced medical directives
A military advanced medical directive executed in accordance with 10 United States Code, Section 1044c is valid in this State.
Sec. 4. 37-B MRSA §343 is enacted to read:
§343. Parental rights and responsibilities; parent on active duty
1. Departure under military orders. A court may not consider departure from the family residence or absence from the child or children as an adverse factor in determining parental rights and responsibilities with respect to a minor child when the departing parent 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 and whose absence is due to compliance with military orders.
2. Change of residence of child prohibited when parent under military orders. A court may not order a change of the primary physical residence of a child when one of the child's parents 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 and whose absence from the State is due to compliance with military orders unless the change is in the best interest of the child.
3. Application. This section applies only if the service of the member referred to in subsection 1 or subsection 2 is in support of:
A. An operational mission for which members of the reserve components have been ordered to active duty without their consent; or
B. Forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.
Sec. 5. 37-B MRSA §389, as repealed and replaced by PL 2003, c. 404, §6, is repealed.
Sec. 6. 37-B MRSA §389-A is enacted to read:
§389-A. Service members' civil relief
1. Short title. This section may be known and cited as "the Maine Servicemembers' Civil Relief Act."
2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Court" means any administrative agency, civil court or venue of a proceeding involving a case management officer.
B. "Service member" means a member of the uniformed services as that term is defined in 10 United States Code, Section 101(a)(5) or a member of the state military forces as that term is described in section 102, on active state service as that term is defined in section 101-A.
3. Stay of proceeding. Any action or proceeding in any court in which a service member is involved, either as plaintiff, defendant or attorney, if the plaintiff, defendant or attorney is a member of the National Guard or the Reserves of the United States Armed Forces, during the period of any military service or within 60 days after any military service, at the discretion of the court, or by the member's own motion or motion of the court, may be stayed at any stage of the proceeding unless, in the opinion of the court, the ability of the plaintiff to prosecute the action, the defendant to conduct the defendant's defense or the attorney to represent either party is not materially affected by reason of the member's military service, except that an action or proceeding involving a child may not be stayed unless the stay is in the best interest of the child.
4. Appearance. An application for a stay of a court or administrative proceeding pursuant to the Servicemembers' Civil Relief Act of 2003, 50 United States Code App. Sections 501 to 596, or this section does not constitute an appearance for any purpose.
5. Electronic means; testimony and evidence. Upon motion of a service member who is a party in a civil case, the court shall allow the service member to present testimony and evidence by electronic means when the military duties of the service member have a material effect on the service member's ability to appear in person at a regularly scheduled hearing, unless good cause is shown. For purposes of this subsection, "electronic means" includes, but is not limited to, telephone, video teleconference and the Internet.
6. Expedited hearing. Upon motion of a service member who is a party in a civil case, the court shall hold an expedited hearing when the military duties of the service member have a material effect on the service member's ability to appear in person at a regularly scheduled hearing, unless good cause is shown.
7. Transfer of parent-child contact rights. Upon motion of a service member, or upon the court's own motion, in a case involving parent-child contact, the court shall allow the service member to temporarily transfer the service member's contact rights to a relative, by blood or marriage, who has a significant connection with the child or children when the military duties of the service member have a material effect on the ability of the service member to exercise those rights, unless the transfer is not in the best interest of the child.
Effective September 17, 2005.
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