An Act To Provide Consistency in the Laws Regarding Domestic Partners
Maine Legislature, Session 130, LD 1804
Committee Amendment CA_A_H838 (House)
Amends: 22 MRSA §2843-A, 26 MRSA §849-A

COMMITTEE AMENDMENT" 4,, to H.P. 1346, L.D. 1804, "An Act To Provide 
Consistency in the Laws Regarding Domestic Partners" 
Amend the bill by striking out all of section 20 and inserting the following: 
'Sec. 20. 22 MRSA §2843-A, sub-§1, ~' as amended by PL 2015, c. 208, §1, is 
further amended by amending subparagraph (1-A) to read: 
(1-A) A domestic partner. For purposes of this section, "domestic partner" means 
the partner of the subjeet 1.vho: a registered domestic partner or one of 2 unmarried 
adults who had been domiciled together under long-term arrangements that 
evidenced a commitment to remain responsible indefinitely for each other's 
welfare, including evidence of an emotional, physical or financial relationship with 
the subject similar to that of a spouse; 
(a) Is a mentally eom:petent aduk; 
(b) Had been legally domieiled with the sebjeet for at least 12 months 
immediately preeediag the death of the sebjeet; 
(e) Is not legally ma-rried to or legally separated from aaother individual; 
(d) Was the sole partner of the sebjeet; aad 
(e) 'Nas jointly respoH:sible vAth the subjeet for eaeh other's eommoB welfare 
as e1lideH:oed b:yjoiH:t liviBg arraagem:ents, joint fiBl¼fl<Jial arrangements or joint 
owHership of real or persoH:al property;' 
Amend the bill in section 24 in paragraph C in the first line (page 5, line 10 in L.D.) by 
inserting after the following: "decedent" the following: '. For purposes of this section, 
"domestic partner" means a registered domestic partner or one of 2 unmarried adults who 
had been domiciled together under long-term arrangements that evidenced a commitment 
to remain responsible indefinitely for each other's welfare, including evidence of an 
emotional, physical or fmancial relationship with the decedent similar to that of a spouse' 
Amend the bill by inserting after section 41 the following: 
COMMITTEE AMENDMENT 
~' 
P, 
1-
COMMITTEE AMENDMENT" t 
to H.P. 1346, L.D. 1804 
'Sec. 42. 26 MRSA §849-A is enacted to read: 
§849-A. Rules 
The Department of Labor shall adopt rules to provide guidance in the application of 
this subchapter to domestic partners. Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. The department shall 
make the rules available on a publicly accessible website maintained by the department.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment incorporates into the laws governing custody of the remains of 
deceased persons and governing anatomical gifts language from the Uniform Health Care 
Decisions Act that is used to determine who may act as a surrogate to make health care 
decisions. In circumstances in which evidence is required to verify the existence of a 
domestic partnership, those who have registered as domestic partners with the Department 
of Health and Human Services, Office of Data, Research and Vital Statistics need only 
show that they are registered. 
This amendment directs the Department of Labor to adopt rules to provide guidance 
on the application of the laws governing family medical leave to domestic partners. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
( 
Approved: 03/08/22 ha<=. 
LD 1804 
LR2455(02) 
An Act To Provide Consistency in the Laws Regarding Domestic Partners 
Fiscal Note for Bill as Amended by Committee Amendment ,/r(!f-'l38) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to state agencies to implement the provisions of this bill are expected to be minor and can be 
absorbed within existing budgeted resources. 
LR2455(02) - Fiscal Note - Page 1 of 1