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- American Civil Liberties Union - Association of American Law Schools - Boston Queer Asian Pacific Alliance - Community United Against Violence - Fenway Community Health Center - Gay & Lesbian Advocates & Defenders - Gender Public Advocacy Coalition - International Association of Lesbian & Gay Judges - International Gay & Lesbian Human Rights Comm. - International Lesbian & Gay Association - Lambda Legal Defense & Education Fund - Massachusetts Chapter of Gender Education &
Advocacy - Massachusetts Lesbian & Gay Bar Association - National Center for Lesbian Rights - National Gay & Lesbian Task Force - National Latina/o LGBT Organization |
(H.847) It
is hereby enacted by the General Assembly of the State of Sec.
1. LEGISLATIVE FINDINGS The General Assembly finds that: (1) Civil marriage under (2) (3) The state's interest in civil marriage is to encourage close and
caring families, and to protect all family members from the economic and
social consequences of abandonment and divorce, focusing on those who have
been especially at risk. (4) Legal recognition of civil marriage by the state is the primary
and, in a number of instances, the exclusive source of numerous benefits,
responsibilities and protections under the laws of the state for married
persons and their children. (5) Based on the state's tradition of equality under the law and
strong families, for at least 25 years, (6) (7) The state has a strong interest in promoting stable and lasting
families, including families based upon a same-sex couple. (8) Without the legal protections, benefits and responsibilities
associated with civil marriage, same-sex couples suffer numerous obstacles
and hardships. (9) Despite longstanding social and economic discrimination, many
gay and lesbian Vermonters have formed lasting, committed, caring and
faithful relationships with persons of their same sex. These couples live
together, participate in their communities together, and some raise children
and care for family members together, just as do couples who are married
under (10) While a system of civil unions does not bestow the status of
civil marriage, it does satisfy the requirements of the Common Benefits
Clause. Changes in the way significant legal relationships are established
under the constitution should be approached carefully, combining respect for
the community and cultural institutions most affected with a commitment to
the constitutional rights involved. Granting benefits and protections to
same-sex couples through a system of civil unions will provide due respect
for tradition and long-standing social institutions, and will permit
adjustment as unanticipated consequences or unmet needs arise. (11) The constitutional principle of equality embodied in the Common
Benefits Clause is compatible with the freedom of religious belief and
worship guaranteed in Chapter I, Article 3rd of the state constitution.
Extending the benefits and protections of marriage to same-sex couples
through a system of civil unions preserves the fundamental constitutional
right of each of the multitude of religious faiths in Sec.
2. PURPOSE (a) The purpose of this act is to respond to the constitutional violation
found by the Vermont Supreme Court in Baker v. State, and to provide eligible
same-sex couples the opportunity to "obtain the same benefits and
protections afforded by Vermont law to married opposite-sex couples" as
required by Chapter I, Article 7th of the Vermont Constitution. (b) This act also provides eligible blood-relatives and relatives
related by adoption the opportunity to establish a reciprocal beneficiaries
relationship so they may receive certain benefits and protections and be
subject to certain responsibilities that are granted to spouses. Sec.
3. 15 V.S.A. chapter 23 is added to read: CHAPTER 23. CIVIL UNIONS § 1201. DEFINITIONS As used in this chapter: (1) "Certificate of civil union" means a document that
certifies that the persons named on the certificate have established a civil
union in this state in compliance with this chapter and 18 V.S.A. chapter
106. (2) "Civil union" means that two eligible persons have
established a relationship pursuant to this chapter, and may receive the
benefits and protections and be subject to the responsibilities of spouses. (3) "Commissioner" means the commissioner of health. (4) "Marriage" means the legally recognized union of one
man and one woman. (5) "Party to a civil union" means a person who has
established a civil union pursuant to this chapter and 18 V.S.A. chapter 106. § 1202. REQUISITES OF A VALID CIVIL For a civil union to be established in (1) Not be a party to another civil union or a marriage. (2) Be of the same sex and therefore excluded from the marriage laws
of this state. (3) Meet the criteria and obligations set forth in 18 V.S.A. chapter
106. § 1203. PERSON SHALL NOT ENTER A CIVIL RELATIVE (a) A woman shall not enter a civil union with her mother,
grandmother, daughter, granddaughter, sister, brother's daughter, sister's
daughter, father's sister or mother's sister. (b) A man shall not enter a civil union with his father,
grandfather, son, grandson, brother, brother's son, sister's son, father's
brother or mother's brother. (c) A civil union between persons prohibited from entering a civil
union in subsection (a) or (b) of this section is void. § 1204. BENEFITS, PROTECTIONS AND RESPONSIBILITIES OF PARTIES TO A CIVIL (a) Parties to a civil union shall have all the same benefits,
protections and responsibilities under law, whether they derive from statute,
administrative or court rule, policy, common law or any other source of civil
law, as are granted to spouses in a marriage. (b) A party to a civil union shall be included in any definition or
use of the terms "spouse," "family," "immediate
family," "dependent," "next of kin," and other terms
that denote the spousal relationship, as those terms are used throughout the
law. (c) Parties to a civil union shall be responsible for the support of
one another to the same degree and in the same manner as prescribed under law
for married persons. (d) The law of domestic relations, including annulment, separation
and divorce, child custody and support, and property division and maintenance
shall apply to parties to a civil union. (e) The following is a nonexclusive list of legal benefits,
protections and responsibilities of spouses, which shall apply in like manner
to parties to a civil union: (1) laws relating to title, tenure, descent and distribution,
intestate succession, waiver of will, survivorship, or other incidents of the
acquisition, ownership, or transfer, inter vivos or at death, of real or
personal property, including eligibility to hold real and personal property
as tenants by the entirety (parties to a civil union meet the common law
unity of person qualification for purposes of a tenancy by the entirety); (2) causes of action related to or dependent upon spousal status,
including an action for wrongful death, emotional distress, loss of
consortium, dramshop, or other torts or actions under contracts reciting,
related to, or dependent upon spousal status; (3) probate law and procedure, including nonprobate transfer; (4) adoption law and procedure; (5) group insurance for state employees under 3 V.S.A. § 631, and
continuing care contracts under 8 V.S.A. § 8005; (6) spouse abuse programs under 3 V.S.A. § 18; (7) prohibitions against discrimination based upon marital status; (8) victim's compensation rights under 13 V.S.A. § 5351; (9) workers' compensation benefits; (10) laws relating to emergency and nonemergency medical care and
treatment, hospital visitation and notification, including the Patient's Bill
of Rights under 18 V.S.A. chapter 42 and the Nursing Home Residents' Bill of
Rights under 33 V.S.A. chapter 73; (11) terminal care documents under 18 V.S.A. chapter 111, and
durable power of attorney for health care execution and revocation under 14
V.S.A. chapter 121; (12) family leave benefits under 21 V.S.A. chapter 5, subchapter 4A; (13) public assistance benefits under state law; (14) laws relating to taxes imposed by the state or a municipality
other than estate taxes; (15) laws relating to immunity from compelled testimony and the
marital communication privilege; (16) the homestead rights of a surviving spouse under 27 V.S.A. §
105 and homestead property tax allowance under 32 V.S.A. § 6062; (17) laws relating to loans to veterans under 8 V.S.A. § 1849; (18) the definition of family farmer under 10 V.S.A. § 272; (19) laws relating to the making, revoking and objecting to
anatomical gifts by others under 18 V.S.A. § 5240; (20) state pay for military service under 20 V.S.A. § 1544; (21) application for absentee ballot under 17 V.S.A. § 2532; (22) family landowner rights to fish and hunt under 10 V.S.A. §
4253; (23) legal requirements for assignment of wages under 8 V.S.A. §
2235; and (24) affirmance of relationship under 15 V.S.A. § 7. (f) The rights of parties to a civil union, with respect to a child
of whom either becomes the natural parent during the term of the civil union,
shall be the same as those of a married couple, with respect to a child of
whom either spouse becomes the natural parent during the marriage. § 1205. MODIFICATION OF CIVIL UNION TERMS Parties to a civil union may modify the terms, conditions, or
effects of their civil union in the same manner and to the same extent as
married persons who execute an antenuptial agreement or other agreement
recognized and enforceable under the law, setting forth particular
understandings with respect to their union. § 1206. DISSOLUTION OF CIVIL UNIONS The family court shall have jurisdiction over all proceedings
relating to the dissolution of civil unions. The dissolution of civil unions
shall follow the same procedures and be subject to the same substantive
rights and obligations that are involved in the dissolution of marriage in
accordance with chapter 11 of this title, including any residency
requirements. § 1207. COMMISSIONER OF HEALTH; DUTIES (a) The commissioner shall provide civil union license and
certificate forms to all town and county clerks. (b) The commissioner shall keep a record of all civil unions. Sec.
4. 4 V.S.A. § 454 is amended to read: §
454. JURISDICTION Notwithstanding
any other provision of law to the contrary, the family court shall have
exclusive jurisdiction to hear and dispose of the following proceedings filed
or pending on or after *
* * (17) All proceedings relating to the dissolution of a civil union. Sec.
5. 18 V.S.A. chapter 106 is added to read: CHAPTER 106. CIVIL § 5160. ISSUANCE OF CIVIL UNION LICENSE; CERTIFICATION; RETURN OF CIVIL UNION CERTIFICATE (a) Upon application in a form prescribed by the department, a town
clerk shall issue a civil union license in the form prescribed by the
department, and shall enter thereon the names of the parties to the proposed
civil union, fill out the form as far as practicable and retain a copy in the
clerk's office. At least one party to the proposed civil union shall sign the
application attesting to the accuracy of the facts stated. The license shall
be issued by the clerk of the town where either party resides or, if neither
is a resident of the state, by any town clerk in the state. (b) A civil union license shall be delivered by one of the parties
to a proposed civil union, within 60 days from the date of issue, to a person
authorized to certify civil unions by section 5164 of this title. If the
proposed civil union is not certified within 60 days from the date of issue,
the license shall become void. After a person has certified the civil union,
he or she shall fill out that part of the form on the license provided for
such use, sign and certify the civil union. Thereafter, the document shall be
known as a civil union certificate. (c) Within ten days of the certification, the person performing the
certification shall return the civil union certificate to the office of the
town clerk from which the license was issued. The town clerk shall retain and
file the original according to sections 5007 and 5008 of this title. (d) A town clerk who knowingly issues a civil union license upon
application of a person residing in another town in the state, or a county
clerk who knowingly issues a civil union license upon application of a person
other than as provided in section 5005 of this title, or a clerk who issues
such a license without first requiring the applicant to fill out, sign and
make oath to the declaration contained therein as provided in section 5160 of
this title, shall be fined not more than $50.00 nor less than $20.00. (e) A person making application to a clerk for a civil union license
who makes a material misrepresentation in the declaration of intention shall
be deemed guilty of perjury. (f) A town clerk shall provide a person who applies for a civil
union license with information prepared by the secretary of state that
advises such person of the benefits, protections and responsibilities of a
civil union and that Vermont residency may be required for dissolution of a
civil union in Vermont. § 5161. ISSUANCE OF LICENSE (a) A town clerk shall issue a civil union license to all applicants
who have complied with the provisions of section 5160 of this title, and who
are otherwise qualified under the laws of the state to apply for a civil
union license. (b) An assistant town clerk may perform the duties of a town clerk
under this chapter. § 5162. PROOF OF LEGAL QUALIFICATIONS OF PARTIES TO A CIVIL (a) Before issuing a civil union license to an applicant, the town
clerk shall be confident, through presentation of affidavits or other proof,
that each party to the intended civil union meets the criteria set forth to
enter into a civil union. (b) Affidavits shall be in a form prescribed by the board, and shall
be attached to and filed with the civil union certificate in the office of
the clerk of the town wherein the license was issued. (c) A clerk who fails to comply with the provisions of this section,
or who issues a civil union license with knowledge that either or both of the
parties to a civil union have failed to comply with the requirements of the
laws of this state, or a person who, having authority and having such
knowledge, certifies such a civil union, shall be fined not more than
$100.00. § 5163. RESTRICTIONS AS TO MINORS AND INCOMPETENT PERSONS (a) A clerk shall not issue a civil union license when either party to
the intended civil union is: (1) under 18 years of age; (2) non compos mentis; (3) under guardianship, without the written consent of such
guardian. (b) A clerk who knowingly violates subsection (a) of this section
shall be fined not more than $20.00. A person who aids in procuring a civil
union license by falsely pretending to be the guardian having authority to
give consent to the civil union shall be fined not more than $500.00. § 5164. PERSONS AUTHORIZED TO CERTIFY CIVIL UNIONS Civil unions may be certified by a supreme court justice, a superior
court judge, a district judge, a judge of probate, an assistant judge, a
justice of the peace or by a member of the clergy residing in this state and
ordained or licensed, or otherwise regularly authorized by the published laws
or discipline of the general conference, convention or other authority of his
or her faith or denomination or by such a clergy person residing in an
adjoining state or country, whose parish, church, temple, mosque or other
religious organization lies wholly or in part in this state, or by a member
of the clergy residing in some other state of the United States or in the
Dominion of Canada, provided he or she has first secured from the probate
court of the district within which the civil union is to be certified, a
special authorization, authorizing him or her to certify the civil union if
such probate judge determines that the circumstances make the special
authorization desirable. Civil unions among the Friends or Quakers, the
Christadelphian Ecclesia and the Baha'i Faith may be certified in the manner
used in such societies. § 5165. CIVIL UNION LICENSE REQUIRED FOR CERTIFICATION; FAILURE TO RETURN (a) Persons authorized by section 5164 of this title to certify
civil unions shall require a civil union license of the parties before
certifying the civil union. The license shall afford full immunity to the
person who certifies the civil union. (b) A person who certifies a civil union shall be fined not less
than $10.00, if such person: (1) certifies a civil union without first obtaining the license; or (2) fails to properly fill out the license and, within ten days from
the date of the certification, return the license and certificate of civil
union to the clerk's office from which it was issued. § 5166. CERTIFICATION BY UNAUTHORIZED PERSON; PENALTY; VALIDITY OF CIVIL UNIONS (a) An unauthorized person who knowingly undertakes to join others
in a civil union shall be imprisoned not more than six months or fined not
more than $300.00 nor less than $100.00, or both. (b) A civil union certified before a person falsely professing to be
a justice or a member of the clergy shall be valid, provided that the civil
union is in other respects lawful, and that either of the parties to a civil
union believed that he or she was lawfully joined in a civil union. § 5167. EVIDENCE OF CIVIL A copy of the record of the civil union received from the town or
county clerk, the commissioner of health or the director of public records
shall be presumptive evidence of the civil union in all courts. § 5168. CORRECTION OF CIVIL UNION CERTIFICATE (a) Within six months after a civil union is certified, the town
clerk may correct or complete a civil union certificate, upon application by
a party to a civil union or by the person who certified the civil union. The
town clerk shall certify that such correction or completion was made pursuant
to this section and note the date. The town clerk may refuse an application
for correction or completion; in which case, the applicant may petition the
probate court for such correction or completion. (b) After six months from the date a civil union is certified, a
civil union certificate may only be corrected or amended pursuant to decree
of the probate court in the district where the original certificate is filed. (c) The probate court shall set a time for a hearing and, if the
court deems necessary, give notice of the time and place by posting such
information in the probate court office. After a hearing, the court shall
make findings with respect to the correction of the civil union certificate
as are supported by the evidence. The court shall issue a decree setting
forth the facts as found, and transmit a certified copy of the decree to the
supervisor of vital records registration. The supervisor of vital records
registration shall transmit the same to the appropriate town clerk to amend
the original or issue a new certificate. The words "Court Amended"
shall be typed, written or stamped at the top of the new or amended certificate
with the date of the decree and the name of the issuing court. § 5169. DELAYED CERTIFICATES OF CIVIL (a) Persons who were parties to a certified civil union ceremony in
this state for whom no certificate of civil union was filed, as required by
law, may petition the probate court of the district in which the civil union
license was obtained to determine the facts, and to order the issuance of a
delayed certificate of civil union. (b) The probate court shall set a time for hearing on the petition
and, if the court deems necessary, give notice of the time and place by
posting such information in the probate court office. After hearing proper
and relevant evidence as may be presented, the court shall make findings with
respect to the civil union as are supported by the evidence. (c) The court shall issue a decree setting forth the facts as found,
and transmit a certified copy of said facts to the supervisor of vital
records registration. (d) Where a delayed certificate is to be issued, the supervisor of vital
records registration shall prepare a delayed certificate of civil union, and
transmit it, with the decree, to the clerk of the town where the civil union
license was issued. This delayed certificate shall have the word
"Delayed" printed at the top, and shall certify that the
certificate was ordered by a court pursuant to this chapter, with the date of
the decree. The town clerk shall file the delayed certificate and, in
accordance with the provisions of section 5010 of this title, furnish a copy
to the department of health. (e) Town clerks receiving new certificates in accordance with this
section shall file and index them in the most recent book of civil unions,
and also index them with civil unions occurring at the same time. Sec.
6. 18 V.S.A. § 5001 is amended to read: §
5001. VITAL RECORDS; FORMS OF CERTIFICATES Certificates
of birth, marriage, civil union, divorce, death and fetal death shall
be in form prescribed by the commissioner of health and distributed by the
health department. Sec.
7. 18 V.S.A. § 5002 is amended to read: §
5002. RETURNS; TABLES The
health commissioner shall prepare from the returns of births, marriages, civil
unions, deaths, fetal deaths and divorces required by law to be
transmitted to *[ Sec.
8. 18 V.S.A. § 5004 is amended to read: §
5004. *[ The
*[ Sec.
9. 18 V.S.A. § 5005 is amended to read: §
5005. UNORGANIZED TOWNS AND GORES (a)
The county clerk of a county wherein is situated an unorganized town or gore
shall perform the same duties and be subject to the same penalties as town
clerks in respect to licenses, certificates, records and returns of parties,
both of whom reside in an unorganized town or gore in such county or where *[ *
* * Sec.
10. 18 V.S.A. § 5006 is amended to read: §
5006. VITAL RECORDS PUBLISHED IN TOWN REPORTS Town
clerks annually may compile and the auditors may publish in the annual town
report a transcript of the record of births, marriages, civil unions
and deaths recorded during the preceding calendar year. Sec.
11. 18 V.S.A. § 5007 is amended to read: §
5007. PRESERVATION OF DATA A
town clerk shall receive, number and file for record certificates of births,
marriages, civil unions and deaths, and shall preserve such
certificates together with the burial-transit and removal permits returned to
*[ Sec.
12. 18 V.S.A. § 5008 is amended to read: §
5008. TOWN CLERK; RECORDING AND INDEXING PROCEDURES A
town clerk shall file for record and index in volumes all certificates and
permits received in a manner prescribed by the public records director. Each
volume or series shall contain an alphabetical index. Marriage certificates
shall be filed for record in one volume or series, civil unions in
another, birth certificates in another, and death certificates and
burial-transit and removal permits in another. However, in a town having less
than *[ Sec.
13. 18 V.S.A. § 5009 is amended to read: §
5009. NONRESIDENTS; CERTIFIED COPIES On
the first day of each month, *[ Sec.
14. 18 V.S.A. § 5010 is amended to read: §
5010. REPORT OF STATISTICS The
clerk in each town of over 5,000 population or in a town where a general
hospital as defined in section 1902(a)(1) of this title, is located, shall
each week transmit to the supervisor of vital records registration copies,
duly certified, of each birth, death *[ Sec.
15. 18 V.S.A. § 5011 is amended to read: §
5011. PENALTY A
town clerk who fails to transmit such copies of birth, marriage, civil
union and death certificates as provided in section 5010 of this title
shall be fined not more than $100.00. Sec.
16. 18 V.S.A. § 5012 is amended to read: §
5012. TOWN CLERK TO PROVIDE GENERAL INDEX; MARRIAGES AND CIVIL UNIONS Except
as provided by section 1153 of Title 24, town and county clerks shall prepare
and keep a general index to the marriage and civil union records, in
alphabetical order and in the following *[
Sec.
17. 8 V.S.A. § 4724(7)(E) is added to read: (E) Making or permitting unfair discrimination between married
couples and parties to a civil union as defined under 15 V.S.A. § 1201, with
regard to the offering of insurance benefits to a couple, a spouse, a party
to a civil union, or their family. The commissioner shall adopt rules
necessary to carry out the purposes of this subdivision. The rules shall
ensure that insurance contracts and policies offered to married couples,
spouses, and families are also made available to parties to a civil union and
their families. The commissioner may adopt by order standards and a process
to bring the forms currently on file and approved by the department into
compliance with Sec.
18. 8 V.S.A. § 4063a is added to read: § 4063a. COVERAGE FOR CIVIL UNIONS (a) As used in this section: (1) "Dependent coverage" means family coverage or coverage
for one or more persons. (2) "Party to a civil union" is defined for purposes of
this section as under 15 V.S.A. § 1201. (3) "Insurer" shall mean a health insurer as defined in 18
V.S.A. § 9402(7). (b) Notwithstanding any law to the contrary, insurers shall provide
dependent coverage to parties to a civil union that is equivalent to that
provided to married insureds. An individual or group health insurance policy
which provides coverage for a spouse or family member of the insured shall
also provide the equivalent coverage for a party to a civil union. Sec.
19. 32 V.S.A. § 1712 is amended to read: §
1712. TOWN CLERKS Town
clerks shall receive the following fees in the matter of vital registration: (1)
For issuing and recording a marriage or civil union license, $20.00 to
be paid by the applicant, $5.00 of which sum shall be retained by the town
clerk as a fee and $15.00 of which sum shall be paid by the town clerk to the
state treasurer in a return filed quarterly upon forms furnished by the state
treasurer and specifying all fees received by him or her during the quarter.
Such quarterly period shall be as of the first day of January, April, July
and October. (2)
$1.00 for other copies made under the provisions of section 5009 of Title 18
to be paid by the town; (3)
$2.00 for each birth certificate completed or corrected under the provisions
of sections 449 and 816 of Title 15 and sections 5073, 5075-5078 of Title 18,
for the correction of each marriage certificate under the provisions of
section 816 of Title 15, and section 5150 of Title 18, for the correction
or completion of each civil union certificate under the provisions of section
5168 of Title 18, and for each death certificate corrected under the
provisions of section 5202a of Title 18, to be paid by the town; (4)
$1.00 for each certificate of facts relating to births, deaths, civil
unions and marriages, transmitted to the commissioner of health in
accordance with the provisions of section 5010 of Title 18. Such sum,
together with the cost of binding the certificate shall be paid by the town; (5)
$7.00 for each certified copy of birth, death, civil union or marriage
certificate. Sec.
20. 32 V.S.A. § 3001 is amended to read: §
3001. *[ (a) *[ (b) "Party to a civil union" is defined for purposes of
Title 32 as under subdivision 1201(4) of Title 15. (c) "Laws of the United States", "federal tax
laws" and other references to United States tax law (other than federal
estate and gift tax law) shall mean United States tax law applied as if
federal law recognized a civil union in the same manner as Vermont law. Sec.
21. 32 V.S.A. § 5812 is added to read: § 5812. INCOME TAXATION OF PARTIES TO A CIVIL This chapter shall apply to parties to a civil union and surviving
parties to a civil union as if federal income tax law recognized a civil
union in the same manner as Sec.
22. 32 V.S.A. § 7401(a) is amended to read: (a)
This chapter is intended to conform the Vermont *[ Sec.
23. 32 V.S.A. § 3802(11) is amended to read: (11)(A)
Real and personal property to the extent of $10,000.00 of appraisal value,
except any part used for business or rental, occupied as the established
residence of and owned in fee simple by a veteran of any war or a veteran who
has received an American Expeditionary Medal, his or her spouse, widow,
widower or child, or jointly by any combination of them, if one or more of
them are receiving disability compensation for at least *[ *[ (B) The
terms used in this subdivision shall have the same definitions as in Title
38, U.S. Code § 101, except that: (i) the definitions shall apply as if federal law recognized a civil
union in the same manner as (ii)
such definitions shall not be construed to deny eligibility for exemption in
the case where such exemption is based on retirement for disability and
retirement pay is received from a federal agency other than the veterans
administration*[ (iii)
the age and marital status limits in section 101(4)(A) shall not apply. An
unremarried widow or widower of a previously qualified veteran shall be
entitled to the exemption provided in this subdivision whether or not he or
she is receiving government compensation or pension. By majority vote of
those present and voting at an annual or special meeting warned for the
purpose, a town may increase the veterans' exemption under this subsection to
up to $20,000.00 of appraisal value. Any increase in exemption shall take
effect for the taxable year in which it was voted, and shall remain in effect
for future taxable years until amended or repealed by a similar vote. Sec.
24. 15 V.S.A. § 4 is amended to read: §
4. MARRIAGE CONTRACTED WHILE ONE IN FORCE Marriages
contracted while either party has *[ Sec.
25. 15 V.S.A. § 8 is added to read: § 8. MARRIAGE DEFINITION Marriage is the legally recognized union of one man and one woman. Sec.
26. 18 V.S.A. § 5131 is amended to read: §
5131. ISSUANCE OF MARRIAGE LICENSE; SOLEMNIZATION; RETURN
OF MARRIAGE CERTIFICATE (a)
Upon application in a form prescribed by the department, a town clerk shall
issue to a person a marriage license in the form prescribed by the department
and shall enter thereon the names of the parties to the proposed marriage,
fill out the form as far as practicable and retain in *[ *
* * Sec.
27. 18 V.S.A. § 5137 is amended to read: §
5137. ISSUANCE OF LICENSE (a) A
town clerk shall issue a marriage license to all applicants who have complied
with the provisions of section 5131 of this title and who are otherwise
qualified under the laws of the state to apply for a license to marry and to
contract for such marriage. (b) An assistant town clerk may perform the duties of a town clerk
under this chapter. Sec.
28. 18 V.S.A. § 5144 is amended to read: §
5144. PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE Marriages
may be solemnized by a supreme court justice, a superior court judge, a
district judge, a judge of probate, an assistant judge or a justice of the
peace or by a *[ Sec.
29. 15 V.S.A. chapter 25 is added to read: CHAPTER 25. RECIPROCAL BENEFICIARIES § 1301. PURPOSE (a) The purpose of this chapter is to provide two persons who are
blood-relatives or related by adoption the opportunity to establish a
consensual reciprocal beneficiaries relationship so they may receive the
benefits and protections and be subject to the responsibilities that are
granted to spouses in the following specific areas: (1) Hospital visitation and medical decision-making under 18 V.S.A.
§ 1853; (2) Decision-making relating to anatomical gifts under 18 V.S.A. §
5240; (3) Decision-making relating to disposition of remains under 18
V.S.A. § 5220; (4) Durable power of attorney for health care under 14 V.S.A. § 3456
and terminal care documents under 18 V.S.A. § 5254; (5) Patient's bill of rights under 18 V.S.A. chapter 42; (6) Nursing home patient's bill of rights under 33 V.S.A. chapter
73; (7) Abuse prevention under 15 V.S.A. chapter 21. (b) This chapter shall not be construed to create any spousal benefits,
protections or responsibilities for reciprocal beneficiaries not specifically
enumerated herein. § 1302. DEFINITIONS As used in this chapter: (1) "Commissioner" means the commissioner of health. (2) "Reciprocal beneficiary" means a person who has established
a reciprocal beneficiaries relationship pursuant to this chapter. (3) A "reciprocal beneficiaries relationship" means that
two eligible persons have established such a relationship under this chapter,
and may receive the benefits and protections and be subject to the
responsibilities that are granted to spouses in specifically enumerated areas
of law. § 1303. REQUISITES OF A VALID RECIPROCAL BENEFICIARIES RELATIONSHIP For a reciprocal beneficiaries relationship to be established in
Vermont, it shall be necessary that the parties satisfy all of the following
criteria: (1) Be at least 18 years of age and competent to enter into a
contract. (2) Not be a party to another reciprocal beneficiaries relationship,
a civil union or a marriage. (3) Be related by blood or by adoption and prohibited from
establishing a civil union or marriage with the other party to the proposed
reciprocal beneficiaries relationship. (4) Consent to the reciprocal beneficiaries relationship without
force, fraud or duress. § 1304. ESTABLISHING A RECIPROCAL BENEFICIARIES RELATIONSHIP Two persons who meet the criteria set forth in section 1303 of this
title may establish a reciprocal beneficiaries relationship by presenting a
signed, notarized declaration of a reciprocal beneficiaries relationship to
the commissioner and paying a filing fee of $10.00. The commissioner shall
file the declaration and give the parties a certificate of reciprocal
beneficiaries relationship showing that the declaration was filed in the
names of the parties. § 1305. DISSOLUTION OF A RECIPROCAL BENEFICIARIES RELATIONSHIP (a) Either party to a reciprocal beneficiaries relationship may
terminate the relationship by filing a signed notarized declaration with the
commissioner. (b) Within 60 days of the filing of the declaration and payment of a
filing fee of $10.00 by a party to a reciprocal beneficiaries relationship,
the commissioner shall file the declaration and issue a certificate of
termination of a reciprocal beneficiaries relationship to each party of the
former relationship. (c) If a party to a reciprocal beneficiaries relationship enters
into a valid civil union or a marriage, the reciprocal beneficiaries
relationship shall terminate and the parties shall no longer be entitled to
the benefits, protections and responsibilities of the reciprocal
beneficiaries relationship. § 1306. COMMISSIONER OF HEALTH; DUTIES (a) The commissioner shall provide forms for a declaration of a
reciprocal beneficiaries relationship and a declaration of termination of a
reciprocal beneficiaries relationship. (b) The commissioner shall keep a record of all declarations of a
reciprocal beneficiaries relationship and declarations of termination of a
reciprocal beneficiaries relationship. (c) The commissioner shall prepare an informative circular or
pamphlet that explains how a reciprocal beneficiaries relationship may be
established and terminated, and the benefits, protections and
responsibilities that are associated with the reciprocal beneficiaries relationship. Sec.
30. 18 V.S.A. § 1853 is added to read: § 1853. HOSPITAL VISITATION POLICY; RECIPROCAL BENEFICIARY A patient's reciprocal beneficiary, as defined in section 1302 of
Title 15, shall have the same rights as a spouse with respect to visitation and
making health care decisions for the patient. Sec.
31. 18 V.S.A. § 5240 is amended to read: §
5240. MAKING, REVOKING AND OBJECTING TO ANATOMICAL GIFTS,
BY OTHERS (a)
Any member of the following classes of individuals, in the order of priority
listed, may make an anatomical gift of all or a part of the decedent's body
for an authorized purpose, unless the decedent has made an unrevoked refusal
to make that anatomical gift: (1)
The spouse of the decedent. (2) The reciprocal beneficiary of the decedent. *[ *
* * Sec.
32. 18 V.S.A. § 5220 is added to read: § 5220. DECISION-MAKING REGARDING REMAINS; RECIPROCAL BENEFICIARY A decedent's reciprocal beneficiary, as defined in section 1302 of
Title 15, shall have the same rights as a spouse with respect to matters
related to this chapter. Sec.
33. 14 V.S.A. § 3456 is amended to read: §
3456. EXECUTION AND WITNESSES The
durable power of attorney for health care shall be signed by the principal in
the presence of at least two or more subscribing witnesses, neither of whom
shall, at the time of execution, be the agent, the principal's health or
residential care provider or the provider's employee, the principal's spouse,
heir, or reciprocal beneficiary, a person entitled to any part of the
estate of the principal upon the death of the principal under a will or deed
in existence or by operation of law or any other person who has, at the time
of execution, any claims against the estate of the principal. The witnesses
shall affirm that the principal appeared to be of sound mind and free from
duress at the time the durable power of attorney for health care was signed
and that the principal affirmed that he or she was aware of the nature of the
documents and signed it freely and voluntarily. If the principal is
physically unable to sign, the durable power of attorney for health care may
be signed by the principal's name written by some other person in the
principal's presence and at the principal's express direction. Sec.
34. 18 V.S.A. § 5254 is amended to read: §
5254. EXECUTION AND WITNESSES The
document set forth in section 5253 of this title shall be executed by the
person making the same in the presence of two or more subscribing witnesses,
none of whom shall be the person's spouse, heir, reciprocal beneficiary,
attending physician or person acting under the direction or control of the
attending physician or any other person who has at the time of the witnessing
thereof any claims against the estate of the person. Sec.
35. 18 V.S.A. § 1852 is amended to read: §
1852. PATIENTS' BILL OF RIGHTS; ADOPTION (a)
The general assembly hereby adopts the "Bill of Rights for Hospital
Patients" as follows: *
* * (3)
The patient has the right to obtain, from the physician coordinating his or
her care, complete and current information concerning diagnosis, treatment,
and any known prognosis in terms the patient can reasonably be expected to
understand. If the patient consents or if the patient is incompetent or
unable to understand, immediate family members, a reciprocal beneficiary
or a guardian may also obtain this information. When it is not medically
advisable to give such information to the patient, the information shall be
made available to immediate family members, a reciprocal beneficiary
or a guardian. The patient has the right to know by name the attending
physician primarily responsible for coordinating his or her care. *
* * (14)
Whenever possible, guardians or parents have the right to stay with their
children 24 hours per day. Whenever possible, guardians, reciprocal beneficiaries
or immediate family members have the right to stay with terminally ill
patients 24 hours a day. *
* * Sec.
36. 33 V.S.A. § 7301 is amended to read: §
7301. NURSING HOME RESIDENTS' BILL OF RIGHTS The
general assembly hereby adopts the Nursing Home Residents' Bill of Rights as
follows: The
governing body of the facility shall establish written policies regarding the
rights and responsibilities of residents and, through the administrator, is
responsible for development of, and adherence to, procedures implementing
such policies. These policies and procedures shall be made available to
residents, to any guardians, next of kin, reciprocal beneficiaries,
sponsoring agency, or representative payees selected pursuant to section
205(j) of the Social Security Act, and Subpart Q of 20 CFR Part 404, and to
the public. The staff of the facility shall ensure that, at least, each
person admitted to the facility: *
* * (14)
if married or in a reciprocal beneficiaries relationship, is assured
privacy for visits by his or her spouse or reciprocal beneficiary; if
both are residents of the facility, they are permitted to share a room; *
* * (20)
residents and their families, including a reciprocal beneficiary,
shall have the right to organize, maintain, and participate in either
resident or family councils or both. The facility shall provide space and, if
requested, assistance for meetings. Council meetings shall be afforded
privacy, with staff or visitors attending only at the council's invitation.
The facility shall respond in writing to written requests from council
meetings. Resident councils and family councils shall be encouraged to make
recommendations regarding facility policies; (21)
residents and their families, including a reciprocal beneficiary,
shall have the right to review current and past state and federal survey and
inspection reports of the facility, and upon request, to receive from the
facility a copy of any report. Copies of reports shall be available for
review at any time at one station in the facility. The facility may charge a
reasonable amount for more than one copy per resident. Sec.
37. 33 V.S.A. § 7306 is amended to read: §
7306. RESIDENT'S REPRESENTATIVE (a)
The rights and obligations established under this chapter shall devolve to a
resident's reciprocal beneficiary, guardian, next of kin, sponsoring
agency or representative payee (except when the facility itself is a
representative payee) if the resident: (1)
has been adjudicated incompetent; (2)
has been found by his or her physician to be medically incapable of
understanding or exercising the rights granted under this chapter; or (3)
exhibits a communication barrier. *
* * Sec.
38. 15 V.S.A. § 1101(6) is added to read: (6) "Family" shall include a reciprocal beneficiary. Sec.
39. CONSTRUCTION (a) This act shall be construed broadly in order to secure to
eligible same-sex couples the option of a legal status with the benefits and
protections of civil marriage, in accordance with the requirements of the
Common Benefits Clause of the Vermont Constitution. Parties to a civil union
shall have all of the same benefits, protections and responsibilities under
state law, whether derived from statute, administrative or court rule,
policy, common law or any other source of civil law, as are granted to spouses
in a marriage. Treating the benefits, protections and responsibilities of
civil marriage differently from the benefits, protections and
responsibilities of civil unions is permissible only when clearly necessary
because the gender-based text of a statute, rule or judicial precedent would
otherwise produce an unjust, unwarranted, or confusing result, and different
treatment would promote or enhance, and would not diminish, the common
benefits and protections that flow from marriage under Vermont law. (b) This act is intended to extend to parties to a civil union the
benefits, protections and responsibilities that flow from marriage under
Vermont law. Many of the laws of this state are intertwined with federal law,
and the general assembly recognizes that it does not have the jurisdiction to
control federal laws or the benefits, protections and responsibilities
related to them. (c) This act shall not be construed in a manner which violates the
free exercise of religion of any person, religious or denominational
institution or organization, or any organization operated for charitable or
educational purposes which is operated, supervised, or controlled by or in
connection with a religious organization, as guaranteed by the First
Amendment to the Constitution of the United States or by Chapter I, Article
3rd, of the Constitution of the State of Vermont. Sec.
40. VERMONT CIVIL UNION REVIEW COMMISSION (a) The Vermont Civil Union Review Commission is established for a
term of two years, commencing on the effective date of this act. The
commission shall be comprised of 11 members, consisting of two members of the
House designated by the Speaker of the House, who shall be of different
political party affiliations; two members of the Senate designated by the
Senate Committee on Committees, who shall be of different political party
affiliations; four members appointed by the Governor representing the public,
one of whom shall be an attorney familiar with Vermont family law; one member
appointed by the Chief Justice of the Vermont Supreme Court; the chair of the
Human Rights Commission or his or her designee; and the Attorney General or
his or her designee. (b) The commission members shall be appointed for a full term of two
years; members who were members of the House of Representatives or the Senate
at the time of their appointment shall continue as members of the commission,
notwithstanding a change in their status as elected officials. A member who
resigns, dies or takes up residency in another state or country shall be
replaced in the same manner as the member was first selected. (c) Upon passage of this act, the commission shall prepare and
implement a plan to inform members of the public, state agencies, and private
and public sector businesses and organizations about the act. (d) The commission shall: (1) collect information about the implementation, operation, and
effect of this act, from members of the public, state agencies, and private
and public sector businesses and organizations; (2) collect information about the recognition and treatment of
Vermont civil unions by other states and jurisdictions, including procedures
for dissolution; (3) evaluate the impact and effectiveness of this act, with
particular attention to Secs. 1, 2 and 39; (4) explore and propose methods and techniques, including existing
and emerging forms of alternative dispute resolution, to complement the
judicial system for the appropriate resolution of questions or disputes that
may arise concerning the interpretation, implementation and enforcement of
this act; and (5) examine reciprocal beneficiaries relationships and evaluate
whether non-related persons over 62 years of age should be permitted to
establish a reciprocal beneficiaries relationship and whether the legal
benefits, protections and responsibilities of a reciprocal beneficiaries
relationship should be expanded. (e) The commission shall report its findings, conclusions and
recommendations to the general assembly, periodically as deemed necessary by
the commission; however, the commission shall report to the general assembly
and governor, at least annually, by January 15 of the years 2001 and 2002. (f) The commission shall elect a chair and vice-chair, shall conduct
its meetings pursuant to Robert's Rules of Order, and shall be subject to the
public meeting laws pursuant to subchapter 2 of chapter 5 of Title 1. (g) The commission may request and shall receive the assistance of
any agency of the state of Vermont, and may solicit written comments from
members of the public, civic organizations, businesses and others. The
commission may hold public hearings throughout the state. (h) The members of the commission shall have the assistance of the
staff of legislative council and the joint fiscal office. Sec.
41. SEVERABILITY The provisions of this act are severable. If any provision of this
act is invalid, or if any application thereof to any person or circumstance
is invalid, the invalidity shall not affect other provisions or applications
which can be given effect without the invalid provision or application. Sec.
42. EFFECTIVE DATES (a) This section and Secs. 1, 2 and 40 shall be effective upon
passage. (b) Secs. 17 and 18 (insurance) of this act shall become effective
on January 1, 2001. (c) Secs. 20 (tax definitions) and 21 (income taxation of parties to
parties to a civil union) of this act shall apply to taxable years beginning
on and after January 1, 2001. (d) Sec. 23 of this act (veterans' property tax exemption) shall
apply to grand lists for 2001 and after. (e) All other sections of this act shall become effective on July 1,
2000. Approved:
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