CHAPTER 672
H.P. 1152 - L.D. 1579
An Act To Promote the Financial Security of Maine's Families and Children
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §321, sub-§1, as amended by PL 1995, c. 469, §1, is further amended to read:
1. Definition. For purposes of this section, "family or household members" means spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of any household member when the offender is an adult household member. Holding oneself out to be a spouse is not necessary to constitute "living as spouses." For purposes of this subsection, "domestic partners" has the same meaning as in Title 18-A, section 1-201, subsection (10-A).
Sec. 2. 18-A MRSA §1-201, sub-§(10-A) is enacted to read:
(10-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 MRSA §1-201, sub-§(17), as enacted by PL 1979, c. 540, §1, 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.
Sec. 4. 18-A MRSA §1-201, sub-§(20), as amended by PL 1979, c. 690, §3, is further amended to read:
(20) "Interested person" includes heirs, devisees, children, spouses, domestic partners, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent, ward or protected person which that may be affected by the proceeding. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. In any proceeding or hearing under Article V, 5 affecting a trust estate or estate, when the ward or protected person has received benefits from the Veterans Administration within 3 years, the Administator administrator of Veterans Affairs of the United States shall be is an "interested person." The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.
Sec. 5. 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. 6. 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:;
(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 surviving registered domestic partner also, the first $50,000, plus 1/2 of the balance of the intestate estate; or
(4) If there are surviving issue one or more of whom are not issue of the surviving spouse or surviving registered domestic partner, 1/2 of the intestate estate.
Sec. 7. 18-A MRSA §2-103, as amended by PL 1981, c. 94, is further amended to read:
§2-103. Share of heirs other than surviving spouse or surviving registered domestic partner
The part of the intestate estate not passing to the surviving 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:
(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 be is 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 half.; or
(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 great grandparents great-grandparents or issue of great grandparents great-grandparents, half of the estate passes to the paternal great grandparents great-grandparents who survive, or to the issue of the paternal great grandparents 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 great grandparent great-grandparent or issue of a great grandparent 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.
Sec. 8. 18-A MRSA §3-203, sub-§(a), ¶(4-A) is enacted to read:
(4-A) The surviving domestic partner of the decedent;
Sec. 9. 18-A MRSA §5-309, sub-§(a), ¶(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 and, adult children and any domestic partner known to the court;
Sec. 10. 18-A MRSA §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 the spouse that person can be found within the State, notice shall must be served personally on the spouse that person.
If the certified mail to the spouse or domestic partner is not delivered, the spouse cannot 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 cannot 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 must 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 must 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 must 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 must be served personally on the adult friend.
Notice required by subsection (a) to any person serving as a guardian, or conservator or who has a person's care and custody shall must 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. 11. 18-A MRSA §5-311, sub-§(b), ¶(2-A) is enacted to read:
(2-A) The domestic partner of the incapacitated person;
Sec. 12. 18-A MRSA §5-311, sub-§(c), ¶(1-A) is enacted to read:
(1-A) The domestic partner of the incapacitated person;
Sec. 13. 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 be protected including his the parent, guardian, or custodian, or domestic partner of the person to be protected or any person who would be adversely affected by lack of effective management of his the property and affairs of the person to be protected may petition for the appointment of a conservator or for other appropriate protective order.
Sec. 14. 18-A MRSA §5-405, sub-§(a-1), as enacted by PL 1985, c. 656, §4, is amended to read:
(a-1) 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 shall must 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 the spouse that person can be found within the State, notice shall must be served personally on the spouse that person.
If the certified mail to the spouse or domestic partner is not delivered, the spouse cannot 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 notice is served on the person's parents or closest adult relative and the certified mail is not delivered, notice shall 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 shall must be served personally on the friend if the friend can be found within the State.
Except as otherwise provided in this subsection and subsection (a), notice shall must be given as prescribed by court rule under section 1-401.
Sec. 15. 18-A MRSA §5-410, sub-§(a), ¶(3-A) is enacted to read:
(3-A) The domestic partner of the protected person;
Sec. 16. 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 adult 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 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. 17. 22 MRSA §2710 is enacted to read:
§2710. Domestic partner registry
1. Registry. 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
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 required filing fee. The registry shall file the declaration in the domestic partner registry established pursuant to subsection 1 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 adequate 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 with 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. Indemnity. If a 3rd party in reliance on the existence of a registered domestic partnership suffers loss because of a failure to receive adequate 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.
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 by either party. The declaration must also contain instructions on how the partnership may be terminated.
Sec. 18. 22 MRSA §2843, sub-§2, as repealed and replaced by PL 1985, c. 602, is amended to read:
2. Permit for disinterment or removal. No dead human body may be disinterred or removed from any vault or tomb until the person in charge of the disinterment or removal has obtained a permit from the clerk of the municipality where the dead human body is buried or entombed. The permit shall must be issued upon receipt of a notarized application signed by the next of kin of the deceased who shall verify verifies that he the signer is the closest surviving known relative and, where any other family members member of equal or greater legal or blood relationship or a domestic partner of the decedent also survive survives, that they all such persons are aware of, and do not object to, the disinterment or removal. Nothing contained in this subsection precludes a court of competent jurisdiction from ordering or enjoining disinterment or removal pursuant to section 3029 or in other appropriate circumstances. For purposes of this subsection, "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. 19. 22 MRSA §2843-A, sub-§1, ¶D, as enacted by PL 1993, c. 609, §1, is amended to read:
D. "Next of kin" means a person having the following relationship to the subject, in the following order of priority:
(1) The spouse;
(1-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;
(2) An adult son or daughter;
(3) A parent;
(4) An adult brother or sister;
(5) An adult grandchild;
(6) An adult niece or nephew who is the child of a brother or sister;
(7) A maternal grandparent;
(8) A paternal grandparent;
(9) An adult aunt or uncle;
(10) An adult first cousin; or
(11) Any other adult relative in descending order of blood relationship.
Sec. 20. 22 MRSA §2843-A, sub-§3, as enacted by PL 1993, c. 609, §1, is amended to read:
3. Estranged spouse or domestic partner. Notwithstanding subsection 2, if the surviving spouse or surviving domestic partner and the subject were estranged at the time of death, the spouse or domestic partner may not have custody and control of the subject's remains. In these cases, custody and control belong to the next of kin following the spouse or domestic partner.
Sec. 21. 22 MRSA §2846, as amended by PL 1985, c. 17, is further amended to read:
For the purposes of this chapter, the "authorized person" responsible for obtaining or filing a permit or certificate shall mean means a member of the immediate family of the deceased, the domestic partner of the deceased, a person authorized in writing by a member of the immediate family of the deceased if no member of the immediate family of the deceased wishes to assume the responsibility, or by the domestic partner of the deceased if the domestic partner does not wish to assume the responsibility or, in the absence of immediate family or a known domestic partner, a person authorized in writing by the deceased. 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.
Sec. 22. Mandate payment schedule. The Judicial Department shall develop a mandate payment schedule and distribute funds allocated in this Act to registers of probate within the State.
Sec. 23. Acceptance of gifts and donations. The State Court Administrator is authorized to accept gifts and donations from any source for the purpose of offsetting the costs of funding the local mandate created by this Act.
Sec. 24. Appropriations and allocations. The following appropriations and allocations are made.
JUDICIAL DEPARTMENT
State Mandate - Probate Form Replacement
Initiative: Allocates funds on a one-time basis to be distributed to registers of probate for the purpose of complying with the state mandate regarding the replacement of probate forms.
Other Special Revenue Funds 2003-04 2004-05
All Other $0 $8,550
__________ __________
Other Special Revenue
Funds Total $0 $8,550
Effective July 30, 2004, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
