An Act To Enhance the Economic Security of Maine's Families and Children
Maine Legislature, Session 121, LD 1138
Committee: Judiciary
Sponsors: DUDLEY, DAGGETI, BULL, COWGER, NORBERT, PINGREE, RICHARDSON, BRENNAN, MAYO, TURNER
Amends: 5 MRSA §4552, 5 MRSA §4553, 5 MRSA §17001, 18-A MRSA §1, 36 MRSA §111, 36 MRSA §653, 36 MRSA §4641-C, 36 MRSA §5221, 36 MRSA §5228, 39-A MRSA §102

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1138 
H.P.841 
House of Representatives, March 4, 2003 
An Act To Enhance the Economic Security of Maine's Families and 
Children 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative DUDLEY of Portland. 
Cosponsored by President DAGGETI of Kennebec and 
'7J1~ /J7.1l/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BULL of Freeport, COWGER of Hallowell, NORBERT of Portland, 
PINGREE of North Haven, RICHARDSON of Brunswick, Senators: BRENNAN of 
Cumberland, MAYO of Sagadahoc, TURNER of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §4552, as amended by PL 1993, c. 327, §l, is 
further amended to read: 
§4552. 
Policy 
To protect the public health, safety and welfare, it is 
declared to be the policy of this State to keep continually in 
review all practices infringing on the basic human right to a 
life with dignity, and the causes of these practices, so that 
corrective measures may, where possible, be promptly recommended 
and implemented, 
and to prevent discrimination in employment, 
housing or access to public accommodations on account of race, 
color, sex, physical or mental disability, religion, ancestry or 
national origin; and in employment, discrimination on account of 
age or because of the previous assertion of a claim or right 
under former Title 39 or Title 39-A and in housing because of 
familial status; and to prevent discrimination in the extension 
of credit on account of age, race, color, sex, marital status, 
religion, 
ancestry 
or 
national 
origin; 
and 
to 
prevent 
discrimination in education on account of sex or physical or 
mental 
disability; 
and 
in 
inheritance, 
insurance, 
workers' 
compensation and taxation because a family is a nontraditional 
family that includes domestic partners. 
Sec. 2. 5 MRSA §4553, sub-§l-D is enacted to read: 
I-D. 
Domestic 
partner. 
"Domestic 
partner" 
means 
the 
partner of an individual who: 
A. 
Has been legally domiciled with the individual for at 
least 12 months: 
B. 
Is not legally married to or legally separated from 
another individual; 
c. 
Is the sole partner of the individual and expects to 
remain so; and 
E. 
Is jointly responsible with the individual for each 
other' s 
common 
welfare 
as 
evidenced 
by 
joint 
living 
arrangements, 
joint 
financial 
arrangements 
or 
joint 
ownership of real or personal property. 
Sec.3. 5 MRSA §17001, sub-§12-B is enacted to read: 
12-B. 
Domestic 
partner. 
"Domestic 
partner" 
means 
the 
partner of a member who: 
Page l-LR1698(1) 
• 
A. 
Has been legally domiciled with the member for at least 
months; 
B. 
Is not legally married to or legally separated from 
another individual; 
C. 
Is the sole partner of the member and expects to remain 
so; and 
E. 
Is jointly responsible with the member for each other I s 
common welfare as evidenced by joint living arrangements, 
joint financial arrangements or joint ownership of real or 
personal property. 
Sec. 4. 5 MRSA §17001, sub-§39, as enacted by PL 1985, c. 801, 
§§5 and 7, is amended to read: 
39. 
Spouse. 
"Spouse" means 
the person currently legally 
married to a member. 
"Spouse" also means the domestic partner of 
a member. 
Sec. 5. 18-A MRSA §1-201, sub-§(lO-A) is enacted to read: 
(IO-A) 
"Domestic partner" means the partner of a decedent 
A. 
Was legally domiciled with the decedent for at least 12 
months; 
B. 
Is not legally married to or legally separated from 
another individual; 
C. 
Was the sole partner of the decedent at the time of the 
decedent's death; and 
E. 
Was 
jointly responsible with the decedent 
for 
each 
other's 
common 
welfare 
as 
evidenced 
by 
joint 
living 
arrangements, 
joint 
financial 
arrangements 
or 
joint 
ownership of real or personal property. 
Sec. 6. 18-A MRS A §1-201, sub-§(39-A) is enacted to read: 
(39-A) 
"Spouse" 
includes 
the 
domestic 
partner 
of 
the 
decedent. 
Sec. 7. 36 MRSA §111, sub-§l-C is enacted to read: 
I-C. 
Domestic 
partner. 
"Domestic 
partner" 
means 
the 
partner of an individual who: 
A. 
Has been legally domiciled with the individual for at 
least 12 months; 
B. 
Is not legally married to or legally separated from 
another individual; 
C. 
Is the sole partner of the individual and expects to 
remain so; and 
E. 
Is jointly responsible with the individual for each 
other's 
common 
welfare 
as 
evidenced 
by 
joint 
living 
arrangements, 
joint 
financial 
arrangements 
or 
joint 
ownership of real or personal property. 
Sec. 8. 36 MRS A §111, sub-§4-A is enacted to read: 
4-A. 
Spouse. 
"Spouse" includes the domestic partner of an 
individual. 
Sec. 9. 36 MRSA §653, sub-§I, 1JI, as amended by PL 1989, c. 
501, Pt. Z, is further amended to read: 
I. 
No property conveyed to any person for the purpose of 
obtaining exemption from taxation under this subsection may 
be so exempt, except property conveyed between haseaJK1.-aBa 
wife spouses, 
and the obtaining of exemption by means of 
fraudulent conveyance sha±±-ee is punished by a fine of not 
less than $100 and not more than 2 times the amount of the 
taxes evaded by the fraudulent conveyance, whichever amount 
is greater. 
Sec. 10. 36 MRSA §4641-C, sub-§4, as amended by PL 1997, c. 
504, §12, is further amended to read: 
4. 
Deeds between certain family members. 
Deeds between 
haseaJlQ--and--wi~e spouses, or parent and child, without actual 
consideration for the deed, and deeds between spouses in divorce 
proceedings; 
Sec. 11. 36 MRSA §5221, as amended by PL 1985, c. 783, §§ 39 
and 40, is further amended to read: 
§522l. 
Joint returns by spouses 
1. 
General. 
A-~-and--wife Spouses may make a joint 
return with respect to the tax imposed by this Part even though 
one of the spouses has neither gross 
income nor deductions L 
except that: 
• 
A. 
No joint return shall may be made under this pa~~ Part 
if the spouses are not permitted to file a joint federal 
income tax returnTL 
B. 
If the federal income tax liability of either spouse is 
determined on a separate federal return their income tax 
liabilities under 
this Part 
sha~~--Be are determined on 
separate returnsTL 
c. 
Except as provided in subsection 2, if the federal 
income 
tax liabilities of 
h~saaRa--aRa--wi'e spouses 
are 
determined on a 
joint federal return, 
they shall file a 
joint return under this Part and their tax liabilities shall 
Be are joint and severalT; and 
D. 
If neither spouse is required to file a federal income 
tax return and either or both are required to file an income 
tax return under this Part, they may elect to file separate 
or 
joint 
returns 
and 
pursuant 
to 
such 
election their 
liabilities shall-Be are separate or joint and several. 
2. 
Nonresidents. 
I f 
both 
h~saaRa--aRa--wj,.'e spouses are 
nonresidents 
and 
one 
has 
no 
Maine-source 
income, 
the 
spouse 
having 
Maine-source 
income 
shall 
file 
a 
separate 
Maine 
nonresident income tax return, as a single individual, in which 
event his that spouse's tax liability shall-Be is separate: but 
they 
may 
elect 
to 
determine 
their 
joint taxable 
income 
as 
nonresidents, in which case their liabilities shall-Be are joint 
and several. 
If either h~sBaBa-e~-wi€e spouse is a resident and the other is a 
nonresident, they shall file separate Maine income tax returns as 
single individuals, in which event their tax liabilities shall-Be 
are separate; but they may elect to determine their joint taxable 
income 
as if both were 
residents 
and, 
in that case, 
their 
liabilities shall-Be are joint and several. 
Sec. 12. 36 MRSA §5228, sub-§6, as repealed and replaced by PL 
1985, c. 691, §§35 and 48, is amended to read: 
6. 
Joint estimated tax payment. If they are eligible to do 
so for federal tax purposes, 
a-~-~-wi€e spouses may 
jointly estimate tax as if they were one taxpayer, in which case 
the liability with respect to the estimated tax shall-Be is joint 
and several. If joint estimate payment is made, but h~SBaBG-aRa 
wi€e spouses elect to determine their taxes under this chapter 
separately, the estimated tax for the year may be treated as the 
estimated tax of either h~sBaBa-e~-wi€e spouse, or may be divided 
between them, as they may elect. 
Sec. 13. 39-A MRS A §102, sub-§8, ,B, as amended by PL 1991, c. 
885, Pt. A, §8 and affected by §§9 to 11, is further amended to 
read: 
B. A husband upon a wife with whom he lives, or upon whom he 
is actually dependent in any way at the time of the injury; 
aBe 
Sec. 14. 39-A MRSA §102, sub-§8, ,s-1 is enacted to read: 
B-l. 
A domestic partner upon the other domestic partner 
upon whom the first domestic partner is actually dependent 
in any way at the time of the injury; and 
Sec. IS. 39-A MRSA §102, sub-§10-A is enacted to read: 
IO-A. 
Domestic 
partner. 
"Domestic 
partner" 
means 
the 
partner of an employee who: 
A. 
Has been legally domiciled with the employee for at 
least 12 months; 
B. 
Is not legally married to or legally separated from 
another individual; 
c. 
Is the sole partner of the employee and expects to 
remain so; and 
E. 
Is 
jointly 
responsible 
with 
the 
employee 
for 
each 
other's 
common 
welfare 
as 
evidenced 
by 
joint 
living 
arrangements, 
joint 
financial 
arrangements 
or 
joint 
ownership of real or personal property. 
Sec. 16. 39-A MRSA §102, sub-§18-A is enacted to read: 
IS-A. 
Spouse. 
"Spouse" includes the domestic partner of 
the employee. 
SUMMARY 
The purpose of this bill is to ensure that nontraditional 
families that include domestic partners are afforded the same 
protections and benefits as traditional families. 
The current 
definition of "domestic partner" is used as a model for this bill 
in 
the 
areas 
of 
Maine 
State 
Retirement 
System 
benefits, 
inheritance 
as 
provided 
in 
the 
Probate 
Code, 
taxation 
and 
workers' compensation and in the Maine Human Rights Act.