An Act To Promote the Financial Security of Maine's Families and Children
Maine Legislature, Session 121, LD 1579
Committee Amendment CA_A-SA_C_S501 (Senate)
Amends: 18-A MRSA §1, 18-A MRSA §2, 18-A MRSA §3, 18-A MRSA §5, 19-A MRSA §4002, 22 MRSA §2710

SENATE 
AMENDMENT "Q" 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" has the 
Same meaning as in Title IS-A, section 1-201. subsection (lO-A).' 
Further amend the amendment by striking out all of section 2 
and inserting in its place the following: 
'Sec.2. 18-A MRSA §1-201, sub-§(10-A) is enacted to read: 
(lO-A) 
"Domestic partner" means one of 2 unmarried adults 
who 
are domiciled together under 
long-term arrangements that 
evidence a commitment to remain responsible indefinitely for each 
other's welfare. 
Sec. 3. 18-A MRS A §1-201, sub-§(17), as enacted by PL 1979, c. 
540, §l, is amended to read: 
(17) 
"Heirs" means those persons, including the surviving 
spouse or surviving registered domestic partner, who are entitled 
under the statutes of intestate succession to the property of a 
decedent. ' 
SENATE AMENDMENT 
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SENATE AMENDMENT "t" to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
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 by striking out all of sections 
to 14 and inserting in their place the following: 
'Sec. 4. 18-A MRSA §1-201, sub-§(36-A) is enacted to read: 
(36-A) 
"Registered 
domestic 
partners" 
means 
domestic 
partners who are registered in accordance with Title 22. section 
2710. 
Sec. 5. 18-A MRSA §2-102, as enacted by PL 1979, c. 540, §1, 
is amended to read: 
§2-102. Share of spouse or registered domestic partner 
The intestate share of the surviving spouse or surviving 
registered 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 
surv~v~ng registered domestic partner 
also, the first $50,000, plus 1/2 of the balance of the intestate 
estate; .Q.L 
(4) 
If there are surviving issue one or more of whom are 
not 
issue 
of 
the 
surv~v~ng spouse 
or 
surv~v~ng registered 
domestic partner, 1/2 of the intestate estate. 
Sec. 6. 18-A MRSA §2-103, as amended by PL 1981, c. 94, is 
further amended to read: 
§2-103. 
Share of heirs other than surv~v~nq spouse or survivinq 
registered domestic partner 
The 
part of 
the 
intestate estate 
not 
passing to 
the 
surv~v~ng spouse or surviving registered domestic partner under 
section 2-102, or the entire estate if there is no surviving 
spouse 
or 
surviving 
registered 
domestic 
partner, 
passes 
as 
follows: 
SENATE AMENDMENT 
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SENATE AMENDMENT "c..." to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
(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 
ae ~ 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 halfTL-Q£ 
(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 
~~ea~-~£aBepa£eB~s great-grandparents 
or issue of 
~~ea1;-¥-a*l.Qfla£eB~s great-grandparents, half of the 
estate 
passes 
to 
the 
paternal 
~~ea~----~~aBepa~eB~s 
great-grandparents who survive, or to the issue of the paternal 
~~ea~-~£aBepa~eB~s 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 
~~ea~-~~aBepa~eB~ 
great-grandparent 
or 
issue 
of 
a 
~~ea~---~~aBapaFeB~ 
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. 
c. 
Sec.7. 18-A MRSA §3-203, sub-§(a), '(4-A) is enacted to read: 
(4-A) 
The surviving domestic partner of the decedent; 
Sec.8. IS-A MRSA §5-309, sub-§(a), ,(1), as enacted by PL 1979, 
540, §1, is amended to read: 
(1) 
The ward or the person alleged to be incapacitated and 
sis the ward's 
or person's 
spouse, 
parents 
aBeL 
adult 
children and any domestic partner known to the court; 
SENATE AMENDMENT 
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SENATE AMENDMENT "D' to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
Sec. 9. 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, adult children, 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 domestic partner is not 
delivered and 
~he--s-pe-\,l,se that person can be found within the 
State, notice shall ~ 
be served personally on ~he-6Fe~se ~ 
person. 
If the certified mail to the spouse or domestic partner is not 
delivered, 
~he-6Fe~se-€aRRe~ that person can not be found within 
the State and the certified mail is not delivered to any adult 
children, notice shall 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 eaa.a.e~ can not 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, domestic partner, adult child or parent is served 
by certified mail or personally, notice to the closest adult 
relative required by subsection (a) shall ~ 
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 
guardianT M 
conservator or who has a person's care and custody 
shall ~ 
be served by certified mail, with restricted delivery 
and return receipt requested. 
Except as otherwise provided in this section, notice shall must 
be given as prescribed by court rule under section 1-401. 
Sec. 10. 18-A MRSA §5-311, sub-§(b), ,(2-A) is enacted to read: 
SENATE AMENDMENT 
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SENATE AMENDMENT "C-" to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
(2-A) 
The domestic partner of the incapacitated person: 
Sec. 11. 18-A MRSA §5-311, sub-§(c), ~(I-A) is enacted to read: 
(l-A) 
The domestic partner of the incapacitated person: 
Sec. 12. 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 h~s ~ 
estate, affairs or welfare of the person to 
be protected including his ~ 
parent, guardian, SF custodianT ~ 
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 
appropriate protective order. 
Sec. 13. 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 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** 
~ 
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 
t,he--s-~1::I:se that person can be found within the 
State, notice sha** must be served personally on t,he-spsQse that 
person. 
If the certified mail to the spouse or domestic partner is not 
delivered, 
eae-6Fe~se-€aBBee that person can not be found within 
the State and the certified mail is not delivered to any adult 
children, notice saaU, !!lYll 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 sha** 
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 sha** ~ 
be served personally on the 
friend if the friend can be found within the State. 
SENATE AMENDMENT 
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SENATE AMENDMENT "G" to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
Except as otherwise provided in this subsection and subsection 
(a), notice shall ~ 
be given as prescribed by court rule under 
section 1-401. 
Sec. 14. 18-A MRSA §5-410, sub-§(a), 1J(3-A) is enacted to read: 
C3-A) 
The domestic partner of the protected person: 
Sec. 15. 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 JReJDbers. 
"Family or 
household 
members" 
means spouses or domestic partners or former spouses Q.!: 
former 
domestic 
partners, 
individuals 
presently 
or 
formerly 
Ii ving 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" 
means 
unmarried 
adults 
who 
are 
domiciled 
together 
under 
long-term 
arrangements 
that evidence 
a 
commitment 
to 
remain 
responsible indefinitely for each other's welfare. 
Sec. 16. 22 MRSA §2710 is enacted to read: 
§27l0. 
Domestic partner registr,y 
1. 
Registr,y. 
The 
Office 
of 
Health 
Data 
and 
Program 
Management within the department, referred to in this section as 
"the registry," shall establish a domestic partner registry. 
2. 
Registered dOmestic Partners: eligibility. 
Domestic 
partners may become registered domestic partners if: 
A. 
At the time when a declaration under subsection 3 is 
filed, each domestic partner is a mentally competent adult 
and not impaired or related in a fashion that would prohibit 
marriage under Title 19-A, section 701. subsection 2, 3 or 4; 
B. 
The 
domestic 
partners 
have 
been 
legally 
domiciled 
together in this State for at least 12 months preceding the 
filing: 
C. 
Neither domestic partner is married or in a registered 
domestic partnership with another person; and 
SENATE AMENDMENT 
SENATE AMENDMENT "C;' to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
D. 
Each domestic partner is the sole domestic partner of 
the other and expects to remain so. 
As used in this section, "domestic partners" means 2 unmarried 
adults who are domiciled together under long-term arrangements 
that evidence a commitment to remain responsible indefinitely for 
each other's welfare. 
3. 
Registration. 
To become registered domestic partners, 
domestic 
partners 
must 
jointly 
file 
with 
the 
registry 
a 
declaration under oath of domestic partnership together with the 
reguired filing fee. 
The registry shall file the declaration in 
the domestic partner registry established pursuant to subsection 
and return 2 copies of the declaration to the domestic partners 
at the address provided as their common residence. 
The registry 
must charge a fee for registration that is adeguate to pay the 
projected costs for managing the registry. 
4. 
Termination. 
A 
registered 
domestic 
partnership is 
terminated by the marriage of either registered domestic partner 
or by the filing with the registry of: 
A. 
A notice under oath signed by both registered domestic 
partners 
before 
a 
notary 
that 
the 
registered 
domestic 
partners consent to the termination; or 
B. 
A notice under oath from either registered domestic 
partner that the 
other registered domestic partner 
was 
served in hand wi th a notice of intent to terminate the 
partnership. 
If service in hand is not feasible. 
then 
substitute service may be accomplished in the same fashion 
as 
provided by the Maine 
Rules of Civil Procedure for 
commencement of 
a 
civil action. 
Termination under this 
paragraph is not effective until 60 days after service is 
complete. 
5. 
Indemn;t~. If a 3rd party in reliance on the existence 
of a registered domestic partnership suffers loss because of a 
failure 
to 
receive 
adeguate 
notice 
of 
termination 
under 
subsection 4. each registered domestic partner responsible for 
the failure to give notice is liable to pay the loss. 
6. 
Forms. 
The registry shall develop standard forms for 
the 
declaration 
and 
termination 
of 
registered 
domestic 
partnerships. 
SENATE AMENDMENT 
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SENATE AMENDMENT "c., " to COMMITTEE AMENDMENT "A" to H. P • 
L.D. 1579 
1152, 
A. 
The declaration must adequately identify each individual 
signing the form by name, including former names, residence 
and date and place of birth. 
B. 
The declaration must contain an assertion under oath 
that each individual meets the requirements of subsection 2 
at the time the declaration is filed. 
C. 
The declaration must contain a warning that registration 
may 
affect 
property 
and 
inheritance 
rights, 
that 
registration is not a substitute for a will, a deed or a 
partnership agreement 
and that any 
rights 
conferred by 
registration may be completely superseded by a will, a deed 
or other instruments that may be executed in secret by 
either 
party. 
The 
declaration 
must 
also 
contain 
instructions on how the partnership may be terminated.' 
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 one of 
unmarried adults who are domiciled together under long-term 
arrangements that evidence a 
commitment to remain responsible 
indefinitely for each other's welfare.' 
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; 
(I-A) 
A 
domestic 
partner. 
For 
purposes 
of 
this 
section, "domestic partner" means one of 2 unmarried 
adults 
who 
are 
domiciled 
together 
under 
long-term 
arrangements 
that 
evidence 
a 
commitment 
to 
remain 
responsible indefinitely for each other's welfare:' 
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 
one of 2 
unmarried adults 
who 
are 
domiciled together 
under 
long-term 
arrangements that evidence a 
commitment to remain responsible 
indefinitely for each other's welfare.' 
SENATE AMENDMENT 
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SENATE AMENDMENT "L" to COMMITTEE AMENDMENT "A" to H.P. 1152, 
L.D. 1579 
Further amend the amendment by 
any 
nonconsecutive 
Part 
letter 
or 
consecutively. 
relettering or renumbering 
section 
number 
to 
read 
SUMMARY 
This 
amendment 
incorporates 
the 
substance 
of 
Senate 
Amendment "B" to Committee Amendment "A," filing nwnber House 
Paper 1152, except that this amendment does the following. 
1. 
It defines "domestic partners" as 2 unmarried adults who 
are domiciled together under long-term arrangements that evidence 
a commitment to remain responsible indefinitely for each other's 
welfare. 
2. 
It 
allows 
domestic 
partners 
to 
register 
with 
the 
Department of Human Services, Office of Health Data and Program 
Management, becoming "registered domestic partners." 
3. 
It includes as a requirement that a registered domestic 
partnership can not be terminated unless both partners consent to 
the termination or a partner wishing to terminate the partnership 
provides a written notice, in hand, to the other partner. 
4. 
It requires that the declaration of domestic partnership 
form must contain a warning in bold type explaining that the 
declaration 
may 
have 
a 
significant 
effect 
on 
property 
or 
inheritance rights and that registration is not a substitute for 
a will or a formal partnership agreement. 
5. 
It clarifies that 
a 
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. 
6. 
It clarifies that 
entitled to priority in case 
domestic partner. 
a 
registered domestic partner is 
of intestacy of the other registered 
SPONSORED BY: 
(Senator TURNER) 
FISCAL NOTE REQUIRED 
(See attached) 
COUNTY: 
Cwnberland 
SENATE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/06/04 ~ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1579 
An Act To Promote the Financial Security of Maine's Families and 
Children 
LR2058(14) 
Fiscal Note for Senate Amendment 'e-to Committee Amendment 'J\:' 
Sponsor: Sen. Turner 
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(14) - Fiscal Note - Page 1 of 1