74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 552
 
                         House Bill 2092
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Oregon Military Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows parent who is in active military service to delegate to
spouse, by power of attorney, powers of parent regarding care,
custody or property of minor child when parent has joint custody
of minor child with child's other parent.
 
                        A BILL FOR AN ACT
Relating to delegation of parental powers by parent in active
  military service; amending ORS 109.056.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 109.056 is amended to read:
  109.056. (1) Except as provided in subsection (2) or (3) of
this section, a parent or   { - a - }  guardian of a minor or
incapacitated person, by a properly executed power of attorney,
may delegate to another person, for a period not exceeding six
months, any of the powers of the parent or guardian regarding
care, custody or property of the minor child or ward, except the
power to consent to marriage or adoption of a minor ward.
  (2) A parent or   { - a - }  guardian of a minor child may
delegate the powers designated in subsection (1) of this section
to a school administrator for a period not exceeding 12 months.
  (3) { + (a) As used in this subsection, 'servicemember-parent '
means a parent or guardian:
  (A) Who is a member of the organized militia of this state or a
member of the Reserves of the Army, Navy, Air Force, Marine Corps
or Coast Guard of the United States; and
  (B) Who is required to enter and serve in the active military
service of the United States under a call or order by the
President of the United States or to serve on active state duty
as defined in ORS 398.002.
  (b) + } A  { + servicemember-parent + }   { - parent or
guardian - }  of a minor child may delegate the powers designated
in subsection (1) of this section for a period not exceeding the
term of active duty service plus 30 days { + . + }   { - when the
parent or guardian is a member of the organized militia of this
state or any other reserve component of the United States Armed
Forces who is required to enter and serve in the active military
service of the United States under a call or order by the
President of the United States or to serve on active state duty
as defined in ORS 398.002. - }
   { +  (c) Except as provided in paragraph (d) of this
subsection, + } if the minor child is living with the child's
other parent,  { + a + } delegation under  { + paragraph (b)
of + } this subsection must be to the parent with whom the minor
child is living unless a court finds that   { - such a - }
 { + the + } delegation would not be in the best interests of the
minor child.
   { +  (d) When the servicemember-parent has joint custody of
the minor child with the child's other parent and the
servicemember-parent is married to an individual other than the
child's other parent, the servicemember-parent may delegate the
powers designated in subsection (1) of this section to the spouse
of the servicemember-parent. + }
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