An Act To Promote the Financial Security of Maine's Families and Children
Maine Legislature, Session 121, LD 1579
Committee Amendment CA_A-HA_A_H782 (House)
Amends: 15 MRSA §321, 18-A MRSA §1, 18-A MRSA §3, 18-A MRSA §5, 22 MRSA §2843-A

HOUSE 
AMENDMENT "ti" 
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 in the 
first line (page 1, line 30 in amendment) by striking out the 
following: 
"Definition." 
and 
inserting 
in 
its 
place 
the 
following': 
'Definition; family or household member. , 
Further amend the amendment in section 1 in subsection 1 by 
striking out all of the last underlined sentence (page 1, lines 
to 40 in amendment) 
Further amend the amendment by inserting after section 1 the 
following: 
'Sec.2. 15 MRSA §321, sub-§I-A is enacted to read: 
I-A. 
Definition: domestic partner. 
For purposes of this 
section, 
"domestic partner" 
means 
a 
mentally competent adult 
offender'S partner who: 
A. 
Is a mentally competent adult: 
B. 
Is legally domiciled with the offender and has been for 
at least the immediately preceding 12 months: 
C. 
Is not legally married to or legally separated from 
another individual; 
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AMENDMENT "~,, to COMMITTEE 
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1152, 
L.D. 1579 
D. 
Is the sole partner of the offender and expects to 
remain so; and 
E. 
Is 
jointly responsible with 
the 
offender 
for 
each 
other's common welfare as evidenced by both joint financial 
arrangements 
and 
joint 
ownership 
of 
real 
or 
personal 
property for at least the immediately preceding 12 months. 
Sec. 3. 18-A MRSA §1-201, sub-§(lO-A) is enacted to read: 
(10-A) 
"Domestic partner" means an individual's partner who: 
(al 
Is 
a 
mentally 
competent 
adult 
as 
is 
or 
was 
the 
individual; 
(bl 
Is legally domiciled with the individual and has been 
for at least the immediately preceding 12 months. 
If the 
individual is a decedent, the partner and the decedent must 
have been legally domiciled together for at least the 12 
months immediately preceding the decedent's death, including 
any separation due to illness; 
(c) 
Is not legally married to or legally separated from 
another person; 
(d) 
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 both joint financial 
arrangements 
and 
joint 
ownership 
of 
real 
or 
personal 
property for at least the immediately preceding 12 months. 
For purposes of this subsection, "individual" means a decedent, 
ward, person alleged to be incapacitated, incapacitated person, 
person to be protected or protected person as applicable.' 
Further amend the amendment in section 2 in subsection (17) 
by striking out all of the last underlined sentence (page 1, 
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 reguirements 
set forth in Title 24, section 2319-A, subsection 1." 
Further 
amend 
the 
amendment 
in 
section 
in 
section 
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AMENDMENT "l1-' to COMMITTEE AMENDMENT "A" to H,P, 1152, 
L.D. 1579 
"§2-102." by striking out all of the last underlined indented 
paragraph (page 2, lines 47 to 50 in amendment) 
Further 
amend 
the 
amendment in section 
in that part 
designated "§2-103." in subsection (5) by striking out all 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), 1111(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 decedent; 
(4) 
The surviving spouse or surviving domestic partner of 
the decedent; 
Sec. 7~ 18-A MRS A §5-309, sub-§(a), 11(1), as enacted by PL 1979, 
c. 540, §l, is amended to read: 
(I) 
The ward or the person alleged to be incapacitated and 
R~S the 
ward's 
or person's 
spouse, 
parents 
aBeL 
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 underlined 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), 11(2), as enacted 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), 11(1), as enacted by PL 1995, 
c. 51, §1, is amended to read: 
(1 ) 
The spouse or domestic partner of the incapacitated 
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 
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AMENDMENT "H·" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1152, 
L.D. 1579 
interested in R~6 the estate, affairs or welfare of the person to 
be protected, including R~6 ~ 
parent, guardian, 
SF custodianT 
or domestic partner of the person to be protected, or any person 
who would be adversely affected by lack of effective management 
of R~6 ~ 
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 underlined 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 §5-410, sub-§(a), 1[(3), as enacted by PL 
1979, c. 540, §l, is amended to read: 
(3) 
The spouse or domestic partner of the protected person;' 
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" has the same 
meaning as set forth in Title 22, section 2843-A. subsection 1. 
paragraph B-1. ' 
Further amend the amendment by inserting after section 15 
the following: 
'Sec. 16. 22 MRSA §2843-A, sub-§I, 1[8-1 is enacted to read: 
B-1. 
"Domestic partner" means a mentally competent adult 
subject's partner who: 
(1) 
Is a mentally competent adult: 
(2) 
Was 
legally domiciled with the subject for at 
least the immediately preceding 12 months: 
(3) 
Is not legally married to or legally separated 
from another person: 
(4) 
Was the sole partner of the subject: and 
(5) 
Was jointly responsible with the subject for each 
other's 
cOmmon 
welfare 
as 
evidenced 
by 
both 
joint 
financial arrangements and joint ownership of real or 
personal 
property 
for 
at 
least 
the 
immediately 
preceding 12 months.' 
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AMENDMENT 
L.D. 1579 
"r." 
to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1152, 
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: 
'(I) 
The spouse or domestic partner;' 
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" has the same meaning 
as set forth in section 2843-A, subsection 1, paragraph B-1. ' 
Further amend the bill by relettering 
or 
section 
nonconsecutive 
consecutively. 
Part 
letter 
SUMMARY 
or renumbering 
number 
to 
any 
read 
This amendment adds the definition of "domestic partner" to 
the statutes governing protective orders between family members. 
It also adds the definition to the Probate Code 
and to the 
statutes governing death certificates and the responsibility for 
the remains of the deceased. 
The definition clarifies that the 2 
partners 
must 
have 
been 
legally domiciled 
together 
for 
the 
immediately 
preceding 
months 
and 
that 
joint 
financial 
arrangements and joint property ownership must have existed for 
the same period. 
It deletes amendments to laws for protection 
from abuse. 
This 
amendment deletes cross-references to the 
"domestic 
partner" provisions in the Maine Revised Statutes, Title 24. 
SPONSORED BY: 
(Representative NORBERT) 
TOWN: 
Portland 
HOUSE AMENDMENT