An Act To Promote the Financial Security of Maine's Families and Children LR2058(03)
Maine Legislature, Session 121, LD 1579
Committee Amendment CA_B_H775 (House)
Amends: 15 MRSA §321, 18-A MRSA §5, 19-A MRSA §4002, 22 MRSA §2843, 22 MRSA §2843-A, 22 MRSA §2846

COMMITTEE AMENDMENT "(3,, to H.P. 1152, L.D. 1579, Bill, 
Act To Promote the Financial Security of Maine's Families 
Children" 
"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-§I, 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 former spouses, long-standing 
domestic 
partners or 
former 
long-standing 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." 
Sec. 2. 18-A MRS A §3-203, sub-§(a), ,(4-A) is enacted to read: 
(4-A) 
The surviving long-standing domestic partner of the 
decedent; 
Sec. 3. 18-A MRSA §5-309, sub-§(a), ,(1), as enacted by PL 1979, 
c. 540, §l, is amended to read: 
Page l-LR2058(3) 
COMMITTEE AMENDMENT 
~". 
COMMITTEE AMENDMENT .. .G, to H.P. 1152, L.D. 1579 
(1) 
The ward or the person alleged to be incapacitated and 
his 
the ward's 
or person's 
spouse, 
parents 
aBa~ adult 
children and any long-standing domestic partner known to the 
court; 
Sec. 4. 18-A MRSA §5-309, sub-§(c), as repealed and replaced by 
PL 1985, c. 656, §2, is amended to read: 
(c) 
Notice to the spouse, adult children, 
long-standing 
domestic partner and parents required by subsection (a) shall 
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 long-standing domestic 
partner is not delivered and ~he-6~9~se that person can be found 
within the State, notice shall ~ 
be served personally on 
~he 
s~9~se that person. 
If the certified mail to the spouse or long-standing domestic 
partner is not delivered, 
~he--&pOU&e--eaBB9~ that person can not 
be found within the State and the certified mail is not delivered 
to any adult children, notice shall ~ 
be served personally on 
an adult child who can be found within the State. 
If the certified mail to the spouse or long-standing domestic 
partner and adult children is not delivered, 
the 
spouse or 
long-standing domestic partner and all adult children eaBB9~ can 
ll.Q.t. be found within the State and the certified mail is not 
delivered to any parent, notice shall must be served personally 
on a parent who can be found within the State. 
If no spouse, 
long-standing domestic partner, adult child or 
parent is served by certified mail or personally, notice to the 
closest adult relative required by subsection (a) shall 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 shall .~ 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) 
shall ~ 
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 shall ~ 
be served personally on the adult 
friend. 
Notice required by subsection (a) to any person serving as a 
guardianr QJ;: conservator or who has a person's care and custody 
COMMITTEE AMENDMENT 
""t\~ 
COMMITTEE AMENDMENT ,~, to H.P. 1152; L.D. 1579 
sRall must be served by certified mail, with restricted delivery 
and return receipt requested. 
Except as otherwise provided in this section, notice sRall must 
be given as prescribed by court rule under section 1-401. 
Sec.5. 18-A MRSA §5-311, sub-§(b), '(2-A) is enacted to read: 
(2-A) 
The 
long-standing 
domestic 
partner 
of 
the 
incapacitated person: 
Sec.6. 18-A MRSA §5-311, sub-§(c), ,(I-A) is enacted to read: 
(I-A) 
The 
long-standing 
domestic 
partner 
of 
the 
incapacitated person; 
Sec. 7. 18-A MRSA §5-404, sub-§(a), as enacted by PL 1979, c. 
540, §1, is amended to read: 
(a) 
The 
person 
to 
be 
protected, 
any 
person 
who 
is 
interested in Ris the estate, affairs or welfare of the person to 
be protected including Ris the parent, guardian, 9F custodianT or 
long-standing domestic partner of the person to be protected or 
any person who would be adversely affected by lack of effective 
management of Ris .tM property and affairs of the person to be 
protected may petition for the appointment of a conservator or 
for other appropriate protective order. 
Sec. 8. 18-A MRSA §5-405, sub-§(a-l), as enacted by PL 1985, c. 
656, §4, is amended to read: 
(a-I) 
The spouse or long-standing 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 sRall ~ 
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 long-standing domestic 
partner is not delivered and ~Re-6p9QSe that person can be found 
within the State, notice sRall l!lYll be served personally on 
~Re 
SF9QSe that person. 
If the certified mail to the spouse or long-standing domestic 
partner is not delivered, 
~ae-~-ea:a:a9~ that person can not 
be found within the State and the certified mail is not delivered 
COMMITTEE AMENDMENT 
..... 
COMMITTEE AMENDMENT ,h" to H.P. 1152, L.D. 1579 
to any adult children, notice saa~~ must be served personally on 
an adult child who can be found within the State. 
If notice is served on the person's parents or closest adult 
relative and the certified mail is not delivered, notice 
saa~~ 
~ 
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 
saa~~ must be served personally on the 
friend if the friend can be found within the State. 
Except as otherwise provided in this subsection and subsection 
(a), notice saa~~ must be given as prescribed by court rule under 
section 1-401. 
Sec. 9. 18-A MRS A §5-410, sub-§(a), 1J(3-A) is enacted to read: 
(3-A) 
The long-standing domestic partner of the protected 
person: 
Sec. 10. 19-A MRSA §4002, sub-§4, as enac ted 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 former spouses, individuals presently 
or formerly living together as spouses, long-standing domestic 
partners 
or 
former 
long-standing 
domestic 
partners; 
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, includes 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." 
Sec. 11. 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 
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 saa~~ ~ 
be issued upon 
receipt of a notarized application signed by the next of kin of 
the deceased who shall verify that ae that person is the closest 
surviving known relative and, 
where any other family 
memee~s 
member of equal or greater legal or blood relationship or 
a 
long-standing 
domestic 
partner of 
the 
decedent 
also 
s~~vive 
survives, that taey all such persons are aware of, and do not 
COMMITTEE AMENDMENT 
",." 
COMMITTEE AMENDMENT ,~, to H.P. 1152, L.D. 1579 
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. 
Sec. 12. 22 MRSA §2843-A, sub-§I,~, as enacted by PL 1993, 
c. 609, §l, is amended to read: 
D. 
"Next of kin" 
relationship to the 
priority: 
(1) 
The spouse; 
means 
a 
subject, 
person having the 
in the 
following 
following 
order of 
(I-A) 
The 
long-standing 
domestic 
partner 
of 
the 
deceased; 
(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 
(11) 
Any other adult relative in descending order of 
blood relationship. 
Sec. 13. 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 shall 
meaB means a member of the immediate family of the deceased, the 
long-standing 
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 
COMMITTEE AMENDMENT 
.,. .. ~ 
COMMITTEE AMENDMENT ,~" to H.P. 1152, L.D. 1579 
wishes to assume the responsibilitYT or by the long-standing 
domestic partner of the deceased if the domestic partner does not 
wish to assume the responsibility orL in the absence of immediate 
family 
or 
a 
known 
long-standing domestic partner, 
a 
person 
authorized in writing by the deceased. 
Sec. 14. 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. 15. 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. 
16. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
JUDICIAL DEPAR".rMKNT 
State Mandate -
Probate Fo~ Replacement 
The 
following 
Initiative: 
Allocates 
funds 
on 
a 
one-time 
basis 
to 
be 
distributed to registers of probate for the purpose of complying 
with the state mandate regarding the replacement of probate forms. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
SUMMARY 
2003-04 
$0 
$0 
2004-05 
$8,550 
$8,550' 
This amendment strikes and replaces the bill, removing the 
part of the bill that authorizes a statewide domestic partnership 
registry and the part that affects intestate succession. 
At the 
same time, the amendment clarifies that a long-standing domestic 
partner is a person entitled to have priority for appointment as 
a personal representative, guardian or conservator for an estate 
or as custodian of the remains of a deceased individual. 
It is the intent of the Legislature that, if there is an 
issue of fact as to whether an individual is a "long-standing 
domestic partner," the Probate Court or other fact finder may 
look to the criteria and methods of proof contained in the Maine 
Revised Statutes, 
Title 
24, 
section 
2319-A 
and Title 
24-A, 
COMM/rrEE AMENDMENT 
l 
""" 
COMMITTEE AMENDMENT "b" to H.P. 1152, L.D. 1579 
sections 274l-A, 
2832-A and 4249 or to 
evidence of such long-term relationship 
affection, concern and commitment towards 
incapacitated person. 
any other reasonable 
as would demonstrate 
the decedent or the 
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: 03/10104 ::k?ae 
Office of Fiscal and Program Review 
LD 1579 
An Act To Promote the Financial Security of Maine's Families and 
Children 
LR2058(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Minority Report 
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 
$( 
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 diffe~ence or Probate 
Court registers will not be required to implement this Act. 
LR2058(3) - Fiscal Note - Page 1 of 1