An Act To Promote the Financial Security of Maine's Families and Children LR 2058(02)
Maine Legislature, Session 121, LD 1579
Committee Amendment CA_A_H774 (House)
Amends: 15 MRSA §321, 18-A MRSA §1, 18-A MRSA §2, 18-A MRSA §3, 18-A MRSA §5, 19-A MRSA §4002, 22 MRSA §2843, 22 MRSA §2843-A, 22 MRSA §2846

AMENDMENT "11,, to H.P. 1152, 
the Financial Security of 
L.D. 1579, Bill, 
Maine's Families 
"An 
and 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 15 MRSA §321, sub-§l, as amended by PL 1995, c. 469, 
§l, is further amended to read: 
1. Definition. 
For purposes of this section, "family or 
household members" means spouses or domestic partners or former 
spouses or former domestic partners, 
individuals presently or 
formerly living as spouses, natural parents of the same child, 
adult household members related by consanguinity or affinity or 
minor children of any household member when the offender is an 
adult household member. Holding oneself out to be a spouse is not 
necessary to constitute "living as spouses." 
For purposes of 
this subsection, "domestic partners" are persons that bear the 
same 
relationship 
to 
each other 
as 
do 
persons 
meeting 
the 
requirements set forth in Title 24, section 2319-A, subsection 1. 
Sec. 2. 18-A MRSA §1-201, sub-§(17), as enacted by PL 1979, c. 
540, §1, is amended to read: 
(17) 
"Heirs" means those persons, including the surviving 
spouse or surviving domestic partner, who are entitled under the 
statutes of intestate succession to the property of a decedent. 
For 
purposes 
of this 
subsection, 
"domestic partner" 
means 
a 
person that bears the Same relationship to the decedent as 
a 
person meeting the requirements in Title 24, 
section 2319-A, 
subsection 1 bears to a subscriber or member. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ft' to H.P. 1152. L.D. 1579 
Sec. 3. 18-A MRSA §1-201, sub-§(20), as amended by PL 1979, c. 
690, §3, is further amended to read: 
(20) 
"Interested 
person" 
includes 
heirs, 
devisees, 
children, 
spouses, 
domestic partners, 
creditors, 
beneficiaries 
and any others having a property right in or claim against a 
trust estate or the estate of 
a decedent, 
ward or protected 
person wRi,eR that may be affected by the proceeding. It also 
includes persons having priority for 
appointment 
as personal 
representative, 
and 
other 
fiduciaries 
representing 
interested 
persons. 
For purposes of this subsection, 
"domestic partners" 
are persons that bear the same relationship to each other as do 
persons meeting the requirements set forth in Title 24, section 
2319-A, subsection 1. 
In any proceeding or hearing under Article 
VT 
~ affecting 
a 
trust estate or estate, 
when 
the ward or 
protected 
person 
has 
received 
benefits 
from 
the 
Veterans 
Administration wi thin 3 years, the AElJRi,Ri,sEaE9!' administrator of 
Veterans Affairs of the United States GRall-ae is an "interested 
person." The meaning as it relates to particular persons may vary 
from 
time 
to 
time 
and 
must 
be 
determined 
according to 
the 
particular"purposes of, and matter involved in, any proceeding. 
Sec. 4. 18-A MRSA §2-102, as enacted by PL 1979, c. 540, §1, 
is amended to read: 
§2-102. Share of spouse or domestic partner 
The intestate share of the surviving spouse or surviving 
domestic partner is: 
(1) 
If there is 
no 
surviving issue or parent of 
the 
decedent, the entire intestate estate+L 
(2) 
If there is no surviving issue but the decedent is 
survived by a parent or parents, the first $50,000, plus 1/2 of 
the balance of the intestate estate; 
(3) 
If there are surviving issue all of whom are issue of 
the surviving spouse or surviving domestic partner also, 
the 
first $50,000, plus 1/2 of the balance of the intestate estate; or 
(4) 
I f there are surviving issue one or more of whom are 
not issue of the surviving spouse or surviving domestic partner, 
1/2 of the intestate estate. 
For purposes of this section, 
"domestic partner" means 
a 
person that bears the same relationship to the decedent as a 
person meeting the requirements in Title 24, 
section 2319-A, 
subsection 1 bears to a subscriber or member. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H.P. 1152, L.D. 1579 
Sec. 5. 18·A MRSA §2·103, as amended by PL 1981, c. 94, is 
further amended to read: 
§2-103. 
Share of heirs other than surviving spouse or surviving 
domestic partner 
The 
part 
of 
the 
intestate estate 
not 
passing 
to 
the 
surviving 
spouse 
or 
surviving domestic partner 
under section 
2-102, or the entire estate if there is no surviving spouse or 
surviving domestic partner, passes as follows: 
(1) 
To the issue of the decedent; to be distributed per 
capita at each generation as defined in section 2-106; 
(2) 
If there is no 
surviving issue, 
to the decedent's 
parent or parents equally; 
(3) 
If there is no surviving issue or parent, to the issue 
of the parents or either of them to be distributed per capita at 
each generation as defined in section 2-106; 
(4) 
If there is no surviving issue, parent or issue of a 
parent, but the decedent is survived by one or more grandparents 
or 
issue of grandparents, 
half of the estate passes 
to the 
paternal 
grandparents 
if both 
survive, 
or 
to 
the 
surviving 
paternal 
grandparent, 
or 
to 
the 
issue 
of 
the 
paternal 
grandparents if both are deceased to be distributed per capita at 
each generation as defined in section 2-106; and the other half 
passes to the maternal relatives in the same manner; but if there 
Be ~ no surviving grandparent or issue of grandparents on either 
the paternal or maternal side, the entire estate passes to the 
relatives on the other side in the same manner as the halfT~ 
(5) 
If there is no surviving issue, parent or issue of a 
parent, grandparent or issue of a grandparent, but the decedent 
is survived by one or more 
~Fea~-~£aRQpaEeR~6 great-grandparents 
or issue of 
~Fea~-~-afi~paEeR~6 great-grandparents, half of the 
estate 
passes 
to 
the 
paternal 
~Fea~----~FaBepaFeB~6 
great-grandparents who survive, or to the issue of the paternal 
~Fea~-~£aRQpaEeR~6 great-grandparents if all are deceased, to be 
distributed per capita at each generation as defined in section 
2-106; and the other half passes to the maternal relatives in the 
same 
manner; 
but if there is 
no 
surviving 
~Eea~-~FaBepaFeBE 
great-grandparent 
or 
issue 
of 
a 
~Fea~----~FaBepaEeBE 
great-grandparent on either the paternal or maternal side, the 
entire estate passes to the relatives on the other side in the 
same manner as the half. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 1152. L.D. 1579 
For purposes of this section, "domestic partner" means 
a 
person that bears the same relationship to the decedent as 
a 
person meeting the requirements in Title 24, 
section 2319-A, 
subsection 1 bears to a subscriber or member. 
Sec. 6. 18-A MRSA §3-203, sub-§(a), ~~(2) and (4), as enacted by 
PL 1979, c. 540, §l, are amended to read: 
(2) 
The surviving spouse or surviving domestic partner of 
the 
decedent 
who 
is 
a 
devisee 
of 
the 
decedentf. 
For 
purposes 
of 
this 
paragraph, 
"domestic 
partner" 
means 
a 
person that bears the same relationship to the decedent as a 
person meeting the requirements in Title 24, section 2319-A, 
subsection 1 bears to a subscriber or member: 
(4) 
The surviving spouse or surviving domestic partner of 
the decedentf. 
For purposes of this paragraph, 
"domestic 
partner" means a person that bears the same relationship to 
the decedent as a person meeting the requirements in Title 
24, section 2319-A, subsection 1 bears to a subscriber or 
member; 
Sec. 7. 18-A MRSA §5-309, sub-§(a), ~(1), as enacted by PL 1979, 
c. 540, §1, is amended to read: 
(1) 
The ward or the person alleged to be incapacitated and 
ais 
the 
ward's 
or 
person's 
spouse, 
parents 
aaeL 
adult 
chi1drenf and any domestic partner known to the court. 
For 
purposes 
of 
this 
paragraph, 
"domestic 
partner" 
means 
a 
person that bears the 
Same relationship to the ward or 
person alleged to be incapacitated as a person meeting the 
requirements in Title 24, section 2319-A, subsection 1 bears 
to a subscriber or member: 
Sec. 8. 18-A MRS A §5-309, sub-§(c), as repealed and replaced by 
PL 1985, c. 656, §2, is amended to read: 
(c) 
Notice 
to 
the 
spouse 
or 
domestic 
partner, 
adult 
children and parents required by subsection (a) saa±± must be 
served by certified mail, with restricted delivery and return 
receipt requested, 
at least 14 
days before the date of the 
hearing. 
If the certified mail to the spouse or domestic partner is not 
delivered and tae--&pG-\,l,se that person can be found within the 
State, notice saa±± ~ 
be served personally on tae-spease that 
person. 
If the certified mail to the spouse or domestic partner is not 
delivered, tae-spease-€aaaet that person can not be found within 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1152, L.D. 1579 
the State and the certified mail is not delivered to any adult 
children, notice sha±± must be served personally on an adult 
child who can be found within the State. 
If the certified mail to the spouse or domestic partner and adult 
children is not delivered, the spouse or domestic partner and all 
adult children easset can not be found within the State and the 
certified mail is not delivered to any parent, notice sha±± must 
be served personally on a parent who can be found wi thin the 
State. 
If no spouse or domestic partner, adult child or parent is served 
by certified mail or personally, notice to the closest adult 
relative required by subsection (a) 
sha±± must be served by 
certified mail, 
with 
restricted delivery 
and 
return 
receipt 
requested. 
If the certified mail to the adult relative is not 
delivered and the adult relative can be found within the State, 
notice sha±± must be served personally on the adult relative. 
If 
no adult relative is served by certified mail or personally, 
notice to an adult friend required by subsection (a) sha;!,;!, must 
be served by certified mail, with restricted delivery and return 
receipt requested. 
If the certified mail to the adult friend is 
not delivered and the adult friend can be found within the State, 
notice sha;!,± must be served personally on the adult friend. 
Notice required by subsection (a) to any person serving as 
a 
guardianT Q1:. conservator or who has a person I s care and custody 
sha*± must be served by certified mail, with restricted delivery 
and return receipt requested. 
For 
purposes of this subsection, 
"domestic partner" 
means 
a 
person that bears the same relationship to the ward or person 
alleged to be incapacitated as a person meeting the requirements 
in Title 24, section 2319-A, subsection 1 bears to a subscriber 
or member. 
Except as otherwise provided in this section, notice sha±± must 
be given as prescribed by court rule under section 1-401. 
Sec. 9. 18-A MRSA §5-311, sub-§(b), 1[(2), as enacted by PL 1979, 
c. 540, §l, is amended to read: 
(2) 
The 
spouse or domestic partner of the incapacitated 
person1-. 
For purposes of this paragraph, "domestic partner" 
means 
a 
person that bears the 
same 
relationship to the 
incapacitated person as a person meeting the requirements in 
Title 24, section 23l9-A, subsection 1 bears to a subscriber 
or member; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H. P. 1152, L. D. 1579 
Sec. 10. 18-A MRSA §5-311, sub-§(c), ~(1), as enacted by PL 1995, 
c. 51, §l, is amended to read: 
(1) 
The spouse or domestic partner of the incapacitated 
persont. 
For purposes of this paragraph, "domestic partner" 
means 
a 
person that bears the 
same relationship to the 
incapacitated person as a person meeting the requirements in 
Title 24, section 2319-11., subsection 1 bears to a subscriber 
or member; 
Sec. 11. 18-A MRSA §5-404, sub-§(a), as enacted by PL 1979, c. 
540, §l, is amended to read: 
(a) 
The 
person 
to 
be 
protected, 
any 
person 
who 
is 
interested in h~s the estate, affairs or welfare of the person to 
be protected including h~s the parent, guardian, 9t custodianT or 
domestic partner of the person to be protected or any person who 
would be adversely affected by lack of effective management of 
h~s ~ 
property and affairs of the person to be protected may 
petition for 
the 
appointment of 
a 
conservator 
or 
for 
other 
appropr iate protective order. 
For purposes of this subsection, 
"domestic 
partner" 
means 
a 
person 
that 
bears 
the 
Same 
relationship to the person to be protected as a person meeting 
the requirements in Title 24, section 2319-11., subsection 1 bears 
to a subscriber or member. 
Sec. 12. 18-A MRSA §5-405, sub-§(a-l), as enacted by PL 1985, 
c. 656, §4, is amended to read: 
(a-l) 
The spouse or domestic partner and all adult children 
of the person to be protected or the protected person or, if 
none, the person's parents or closest adult relative or, if none, 
a friend must be given notice of the proceeding. Notice under 
this 
subsection 
sha;!,;!, 
!!l!!il 
be 
served 
by 
certified 
mail, 
restricted delivery and return receipt requested, at least 14 
days before the date of the hearing. 
If the certified mail to the spouse or domestic partner is not 
delivered and the spouse or domestic partner can be found within 
the State, notice sha;!,l ~ 
be served personally on the spouse 
or domestic partner. 
domestic partner is not 
partner can not be found 
is not delivered to any 
If the certified mail to the spouse or 
delivered, the spouse eaRR9~ or domestic 
wi thin the State and the certified mail 
adul t 
children, notice shal;!, must be 
adult child who can be found within the 
served personally on an 
State. 
I f 
notice is served on the person's parents or closest adul t 
relative and the certified mail is not delivered, notice sha;!,l 
COMM/rrEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 1152, L.D. 1579 
must be served personally on a parent or the adult relative if a 
parent or adult relative can be found within the State. 
If notice is served on the person's friend and the certified mail 
is not delivered, notice 
6Ra~~ ill.l.!ll be served personally on the 
friend if the friend can be found within the State. 
For 
purposes 
of this subsection, 
"domestic partner" 
means 
a 
person that bears the same relationship to the person to be 
protected or 
the 
protected person 
as 
a 
person meeting 
the 
reguirements in Title 24, section 23l9-A, subsection 1 bears to a 
subscriber or member. 
Except as otherwise provided in this subsection and subsection 
(a), notice 6Ra~~ ~ 
be given as prescribed by court rule under 
section 1-401. 
Sec. 13. 18-A MRSA §5-410, sub-§(a), ~(3), as enacted by PL 
1979, c. 540, §l, is amended to read: 
(3) 
The 
spouse 
or 
domestic 
partner 
of 
the 
protected 
persont. 
For purposes of this paragraph, "domestic partner" 
means 
a 
person that bears the 
Same 
relationship to 
the 
protected person as 
a person meeting the reguirements in 
Title 24, section 2319-A, subsection 1 bears to a subscriber 
or member; 
Sec. 14. 19-A MRSA §4002, sub-§4, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
4. 
Family or household members. 
"Family or 
household 
members" 
means spouses or domestic partners or former spouses or 
former 
domestic 
partners, 
individuals 
presently 
or 
formerly 
living together as spouses, natural parents of the same child, 
adult household members related by consanguinity or affinity or 
minor children of a household member when the defendant is an 
adult household member and, 
for the purposes of this chapter 
only, inc 1 udes individuals presently or formerly living together 
and individuals who are or were sexual partners. Holding oneself 
out to be a spouse is not necessary to constitute "living as 
spouses." 
For purposes of this subsection, "domestic partners" 
are persons that bear the Same relationship to each other as do 
persons meeting the reguirements set forth in Title 24, section 
2319-A, subsection 1. 
Sec. 15. 22 MRSA §2843, sub-§2, as repealed and replaced by PL 
1985, c. 602, is amended to read: 
2. 
Permit for disinterment or removal. No dead human body 
may be disinterred or removed from any vault or tomb until the 
COMMITTEE AMENDMENT 
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. to 
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COMMITTEE AMENDMENT "~to H.P. 1152, L.D. 1579 
person in charge of the disinterment or removal has obtained a 
permit from the clerk of the municipality where the dead human 
body is buried or entombed. The permit SBa~~ ~ 
be issued upon 
receipt of a notarized application signed by the next of kin of 
the deceased who 
sBa~~-ve~i~y verifies that Be the signer is the 
closest surviving known relative and, 
where ~ other family 
~e~Be~s member of equal or greater legal or blood relationship or 
a domestic partner of the decedent also sluvive survives, that 
~Bey all such persons are aware of, and do not object to, the 
disinterment or removal. 
Nothing contained in this subsection 
precludes 
a 
court of competent jurisdiction from ordering or 
enjoining disinterment or removal pursuant to section 3029 or in 
other 
appropriate 
circumstances. 
For 
purposes 
of 
this 
subsection, "domestic partner" means a person that bears the same 
relationship to the decedent as a person meeting the requirements 
in Title 24, section 2319-A. subsection I bears to a subscriber 
or member. 
Sec. 16. 22 MRSA §2843-A, sub-§I, ,D, as enacted by PL 1993, 
c. 609, §l, is amended to read: 
D. 
"Next of 
kin" 
relationship to 
the 
priority: 
means 
a 
subject, 
person having the 
in the 
following 
following 
order of 
(1) 
The spousef or domestic partner. 
For purposes of 
this paragraph, "domestic partner" means a person that 
bears the same relationship to the subject as a person 
meeting the requirements in Title 24. section 23l9-A. 
subsecti9n 1 bears to a subscriber or member; 
(2) 
An adult son or daughter; 
(3) 
A parent; 
(4) 
An adult brother or sister; 
(5) 
An adult grandchild; 
(6) 
An adult niece or nephew who is the child of a 
brother or sister; 
(7) 
A maternal grandparent; 
(8) 
A paternal grandparent; 
(9) 
An adult aunt or uncle; 
(10) 
An adult first cousin; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~. to H. P. 1152. L.D. 1579 
(11) 
Any other adult relative in descending order of 
blood relationship. 
Sec. 17. 22 MRSA §2843-A, sub-§3, as enacted by PL 1993, c. 
609, §1, is amended to read: 
3. 
Estranged spouse or domestic partner. 
Notwithstanding 
subsection 
2, 
if the surviving. spouse 
or 
surv~v~ng domestic 
partner and the subject were estranged at the time of death, the 
spouse or domestic partner may not have custody and control of 
the subject's 
remains. 
In these cases, 
custody and control 
belong to the next of kin following the 
spouse or domestic 
partner. 
For purposes of this subsection, 
"domestic partner" 
means a person that bears the Same relationship to the subject as 
a person meeting the reg:uirements in Title 24, section 2319-A, 
subsection 1 bears to a subscriber or member. 
Sec. 18. 22 MRSA §2846, as amended by PL 1985, c. 17, is 
further amended to read: 
§2846. Authorized person 
For the purposes of this chapter, the "authorized person" 
responsible for obtaining or filing a permit or certificate saa±± 
meaa ~ 
a member of the immediate family of the deceased, the 
domestic partner of the deceased, a person authorized in writing 
by a member of the immediate family of the deceased if no member 
of the immediate family of the deceased wishes to assume the 
responsibilityr or by the domestic partner of the deceased if the 
domestic partner does not wish to assume the responsibility or L 
in the absence of immediate family or a known domestic partner, a 
person authorized in writing by the deceased. 
For purposes of 
this section, "domestic partner" means a person that bears the 
same 
relationship 
to 
the 
deceased 
as 
a 
person meeting 
the 
reg:uirements in Title 24, section 2319-A, subsection 1 bears to a 
subscriber or member. 
Sec. 19. Mandate payment schedule. 
The Judicial Department 
shall develop a mandate payment schedule and distribute funds 
allocated in this Act to registers of probate within the State. 
Sec. 20. Acceptance of gifts and donations. 
The State Court 
Administrator is authorized to accept gifts and donations from 
any source for the purpose of offsetting the costs of funding the 
local mandate created by this Act. 
Sec. 
21. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. f(. to H.P. 1152. L.D. 1519 
JUDICIAL DEPARTMENT 
State Mandate -
Probate Form Replacement 
Initiative: 
Allocates 
funds 
on 
distributed to registers of probate 
with the state mandate regarding the 
a 
one-time 
basis 
to 
be 
for the purpose of complying 
replacement of probate forms. 
Other Special Revenue Funds 
A11 Other 
Other Special Revenue Funds Total 
SUMMARY 
2003-04 
$0 
$0 
2004-05 
$8,550 
$8,550' 
This amendment amends certain provisions of the Probate Code 
and laws governing the custody of remains of deceased persons, 
governing 
conservators 
and 
guardians 
and 
governing 
domestic 
violence to extend to domestic partners provisions that currently 
apply to spouses. 
This amendment creates a separate account to provide funds 
for the registers of probate to pay for the reprinting of probate 
forms necessitated by this amendment. 
The Judicial Department 
will establish a 
mandate payment schedule and administer the 
account. 
The State Court Administrator is authorized to accept 
gifts and donations to the account to offset the costs of funding 
the local mandate created by this amendment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03105/04 ;t;?ae. 
Office of Fiscal and Program Review 
LD 1579 
An Act To Promote the Financial Security of Maine's Families and 
Children 
LR 2058(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
2003·04 
2004·05 
Projections 
2005·06 
Projections 
2006·07 
Appropriations/Allocations 
Other Special Revenue Funds 
State Mandate 
New or Expanded Activity 
$0 
$8,550 
The requirement that Probate Court registers replace probate forms to allow 
domestic partners to receive notice of certain probate proceedings constitutes an 
unfunded state mandate. The additional local costs to implement this change are 
estimated to be no more than $8,550 statewide. An Other Special Revenue Funds 
allocation for that purpose has been included. 
Correctional and Judicial Impact Statements 
Increases the number of civil suits 
Fiscal Detail and Notes 
$0 
Unit Affected 
Counties 
Costs 
$8,550 
$0 
This bill includes a one-time Other Special Revenue Funds allocation to the Judicial Department in the amount of 
$8,550 in fiscal year 2004-05 to provide funds to be distributed to Probate Court registers for the purpose of 
complying with the state mandate regarding the replacement of probate forms. This one-time allocation assumes that 
there will be a gift or donation to the Judicial Department to meet the costs of this state mandate. If the required 
amounts received are less than $8,550, a General Fund appropriation will be required for the difference or Probate 
Court registers will not be required to implement this Act. 
LR2058(2) - Fiscal Note - Page 1 of 1