An Act To Promote the Financial Security of Maine's Families and Children
Maine Legislature, Session 121, LD 1579
Committee Amendment CA_A-SA_A_S472 (Senate)
Amends: 18-A MRSA §3, 18-A MRSA §5

SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1152, L.D. 1579, Bill, "An Act To Promote the Financial Security 
of Maine's Families and Children" 
Amend the amendment in section 1 in subsection 1 by striking 
out all of the last underlined sentence (page 1, lines 37 to 40 
in amendment) and inserting in its place the following: 
'For purposes of this subsection. "domestic partners" are persons 
who are members of a domestic partnership registered under Title 
22. section 2710,' 
Further amend the amendment by inserting after section 1 the 
following: 
'Sec. 2. 18·A MRSA §1.201, sub-§(10-A) is enacted to read: 
(lO-A) 
"Domestic partner" means 
an individual who 
is a 
member 
of 
a 
domestic partnership registered under Title 
22. 
section 2710.' 
Further amend the amendment in section 2 in subsection (17) 
by striking out all of the last underlined sentence (page l, 
lines 48 to 51 in L.D.) 
Further amend the amendment in section 3 in subsection (20) 
in the 8th, 9th, 10th and 11th lines (page 2, lines 12 to 15 in 
amendment) by striking out the following: 
"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 23l9-A, subsection 1." 
Page l-LR2058(9) 
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SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
Further 
amend 
the 
amendment 
in 
section 
in 
"§2-102." by striking out all of the last underlined 
paragraph (page 2, lines 47 to 50 in amendment) 
section 
indented 
Further 
amend 
the 
amendment 
in section 5 in that part 
designated "§2-103." by striking out al1 of the last underlined 
indented paragraph (page 4, lines 1 to 4 in amendment) 
Further amend the amendment by striking out all of sections 
and 7 and inserting in their place the following: 
'Sec. 6. 18-A MRSA §3·203, sub-§(a), 1[1[(2) and (4), as enacted by 
PL 1979, c. 540, §1, are amended to read: 
(2) 
The surviving spouse or surviving domestic partner of 
the decedent who is a devisee of the decedent; 
(4) 
The surviving spouse or surviving domestic partner of 
the decedent; 
Sec. 7. 18·A MRSA §5·309, sub-§(a), 1[(1), as enacted by PL 1979, 
c. 540, §1, is amended to read: 
(1) 
The ward or the person alleged to be incapacitated and 
his 
the ward's or person's 
spouse, 
parents 
aBQL 
adult 
children and any domestic partner known to the court;' 
Further amend the amendment in section 8 in subsection (c) 
by striking out all of the 2nd blocked paragraph from the end 
(page 5, lines 31 to 35 in L.D.) 
Further amend the amendment by striking out all of sections 
9, 10 and 11 and inserting in their place the following: 
· Sec. 9. 18·A MRSA §5-311, sub-§(b), 1[(2), as enac ted by PL 
1979, c. 540, §1, is amended to read: 
(2) 
The spouse or domestic partner of the incapacitated 
person; 
Sec. 10. 18-A MRSA §5·311, sub-§(c), 1[(1), as enacted by PL 1995, 
c. 51, §1, is amended to read: 
(1) 
The spouse or domestic partner of the incapaci tated 
person; 
Sec. 11. 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 his the estate, affairs or welfare of the person to 
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SENATE AMENDMENT ,A" to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
be protected, including his ~ 
parent, guardian, 
91' custodianT 
or domestic partner of the person to be protected, or any person 
who would be adversely affected by lack of effective management 
of his ~ 
property and affairs of the person to be protected may 
petition for 
the 
appointment of 
a 
conservator or for other 
appropriate protective order.' 
Further amend the amendment in section 12 in subsection 
(a-I) by striking out all of the 2nd blocked paragraph from the 
end (page 7, lines 8 to 12 in amendment) 
Further amend the amendment by striking out all of sections 
and 14 and inserting in their place the following: 
'Sec. 13. 18·A MRSA §S.410, sub·§(a), 1[(3), as enacted by PL 
1979, c. 540, §1, is amended to read: 
(3) 
The spouse or domestic partner of the protected person; 
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 
adul t 
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." 
For purposes of this subsection. "domestic partners" 
are persons who are members of a domestic partnership registered 
under Title 22, section 2710. 
Sec. IS. 22 MRS A §2710 is enacted to read: 
§2710. 
Domestic partner registry 
1. 
Registry. 
The 
Office 
of 
Health 
Data 
and 
Program 
Management. referred to in this section as "the office." shall 
establish a domestic partner registry. 
2. 
Registration. 
To register a domestic partnership, the 
domestic 
partners 
must 
file 
a 
declaration 
of 
domestic 
partnership. 
The 
office 
shall 
register 
the 
declaration 
of 
domestic partnership in the domestic partner registry and shall 
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SENATE AMENDMENT "A, to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
return a copy of the declaration form to the domestic partners at 
the address provided as their common residence. 
The office may 
charge a fee for registering a domestic partnership of not more 
than the actual cost of processing the registration. 
3. 
Termination. 
This subsection applies to the termination 
of domestic partnerships. 
A. 
A domestic partnership terminates when: 
(1) 
One of the domestic partners dies; or 
(2) 
A notice of termination of domestic partnership 
has been filed with the office. 
B. 
Notwithstanding 
paragraph 
A, 
subparagraph 
(1), 
the 
rights conferred on a domestic partner by sections 2843, 
2843-1>.. and 2846, and Title l8-A, Articles 1 to 3 are not 
terminated by the death of the other domestic partner. 
c. 
Within 90 days of no longer meeting the criteria for 
domestic partnership under subsection 5, at least one of the 
former domestic partners shall file, by certified mail, a 
notice of termination with the office. 
Upon receipt, the 
office shall provide the domestic partner who filed the 
notice of termination with 2 copies of the notice, marked 
"filed." 
Unless the partners jointly file the notice of 
termination, the partner who filed the notice shall within 5 
days send by certified mail a copy of the filed notice to 
the other domestic partner's last known address. 
The office 
may not charge a fee for filing a notice of termination. 
This paragraph does not apply if the termination is due to 
the death of one of the domestic partners. 
D. 
The termination is effective upon the filing of the 
notice 
of 
termination with the office 
by 
one 
or 
both 
partners or on the date of the death of one of the domestic 
partners. 
E. 
A former domestic partner who has given a copy of the 
declaration of domestic partnership to any ·3rd party to 
qualify for any benefit or right and whose receipt of that 
benefit 
or 
enjoyment 
of 
that 
right 
has 
not 
otherwise 
terminated 
shall, 
upon 
termination 
of 
the 
domestic 
partnership, 
give 
or 
send 
to 
the 
3rd 
party 
written 
notification 
that 
the 
domestic 
partnership 
has 
been 
terminated. 
A 3rd party that suffers a loss as a result of 
failure by the domestic partner to provide this notice is 
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L.D. 1579 
entitled to seek recovery from the domestic partner who was 
obligated to 
send the 
notice for 
any actual loss that 
resulted from the failure. 
F. 
Failure to provide notice to 3rd parties as required in 
paragraph E may not delay or prevent the termination of the 
domestic partnership. 
4. 
Forms. distribution. 
The office shall develop standard 
forms for the declaration of domestic partnership and the notice 
of termination of domestic partnership. 
A. 
The 
declaration 
of 
domestic 
partnership 
form 
must 
reguire each individual 
who 
wants 
to 
become 
a 
domestic 
partner to: 
(1) 
State that the individual meets the requirements 
of subsection 5 at the time the form is signed; 
(2) 
Provide a mailing address; 
(3) 
Sign the form under penalty of perjury: and 
(4) 
Have a notary public acknowledge the individual's 
signature. 
B. 
The office shall make the forms available to municipal 
clerks and registers of probate and shall distribute the 
forms 
upon reguest. 
The 
form must be available on the 
office's publicly accessible site on the Internet. 
5. 
Domestic 
partnership: 
definition. 
"Domestic 
partnership" means the legal relationship that is formed between 
individuals under this subsection. 
Two individuals may form a 
domestic partnership if they meet the following criteria: 
A. 
Each individual is a mentally competent adult: 
B. 
The 2 individuals have been legally domiciled with each 
other for at least 12 months: 
C. 
Neither 
individual 
is 
legally married 
to, 
legally 
separated from or registered in a domestic partnership with 
another individual: 
D. 
Each individual is the sole domestic partner of the 
other and expects to remain so: and 
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L.D. 1579 
1152, 
E. 
The 
individuals are jointly responsible for each 
other's 
common 
welfare 
as 
evidenced 
by 
joint 
living 
arrangements, 
joint 
financial 
arrangements 
or 
joint 
ownership of real or personal property.' 
Further amend the amendment in section 15 in subsection 2 by 
striking out all of the last underlined sentence 
(page 8, lines 
to 17 in amendment) and inserting in its place the following: 
'For purposes of this subsection, 
"domestic partner" means 
a 
person who is a member of a domestic partnership registered under 
Title 22, section 2710.' 
Further amend the amendment in section 16 in paragraph D by 
striking out all of subparagraph (1) (page 8, lines 26 to 30 in 
amendment) and inserting in its place the following: 
'(1) 
The spouse or domestic partner. 
For purposes of 
this section, "domestic partner" means a person who is 
a 
member of a domestic partnership registered under 
section 2710;' 
Further amend the amendment in section 17 in subsection 3 by 
striking out all of the last underlined sentence (page 9, lines 
to 16 in amendment) 
Further amend the amendment in section 18 in that part 
designated "§2846." in the first paragraph by striking out all of 
the 
last underlined 
sentence 
(page 
9, 
lines 
to 
in 
amendment) 
and inserting in its place 
the 
following: 
'For 
purposes of this section, "domestic partner" means a person who 
is a member of a domestic partnership registered under section 
2710. ' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumber ing any 
number 
to 
read 
in 
SUMMARY 
This amendment establishes 
the Office of Health Data 
a domestic partnership registry 
and Program Management in the 
Bureau 
of 
Health. 
Domestic 
may 
register 
as 
a 
domestic 
form with the registry. 
A fee 
may be charged. 
Department 
of 
Human 
Services, 
partners 
who 
meet 
the criteria 
partnership by filing a notarized 
that covers the cost of processing 
This amendment provides for a process of registering the 
termination of a domestic partnership. 
SENATE AMENDMENT 
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SENATE AMENDMENT "1\.,, to COMMITTEE AMENDMENT 
"A" to H.P. 1152, 
L.D. 1579 
" 
This amendment makes all references to "domestic partner" 
consistent with the Maine Revised Statutes, Title 22, 
section 
2710. 
FlseAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: 
(Senator 
COUNTY: 
Cumberland 
SENATE 
AMENDMENT 
Fiscal Detail and Notes 
Approved: 03129/04 ;:tpae 
Office of Fiscal and Program Review 
LD 1579 
An Act To Promote the Financial Security of Maine's Families and 
Children 
LR20S8(09) 
Fiscal Note for Senate Amendment" " to Committee AmendmentA" " 
Sponsor: Sen. Pendleton 
. 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Additional costs to the Department of Human Services can be absorbed utilizing existing resources and the fees 
authorized in the legislation. 
LR2058(9) - Fiscal Note - Page 1 of 1