STATE OF VERMONT
	HOUSE OF REPRESENTATIVES STATE HOUSE TELEPHONE: (802) 828-2231	MAILING ADDRESS: 115 STATE STREET MONTPELIER, VT 05633-5301

SUMMARY OF H.847 AS PASSED BY THE GENERAL ASSEMBLY

Sec. 1. Findings

The first finding states that "[c]ivil marriage under Vermont's marriage statutes consists of a union between a man and a woman. This interpretation of the state's marriage laws was upheld by the Supreme Court in Baker v. State."

Other findings include:

• Vermont's history as an independent republic and as a state is one of equal treatment and respect for all Vermonters. This tradition is embodied in the Common Benefits Clause of the Vermont Constitution, Chapter I, Article 7th.

• 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.

• Based on the state's tradition of equality under the law and strong families, for at least 25 years, Vermont Probate Courts have qualified gay and lesbian individuals as adoptive parents.

• Vermont was one of the first states to adopt legislation prohibiting discrimination on the basis of sexual orientation.

• The state has a strong interest in promoting stable and lasting families, including families based upon a same-sex couple.

• While a system of civil unions does not bestow the status of civil marriage, it does satisfy the requirements of the Common Benefits Clause. 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.

• 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.

Sec. 2. Purpose

The purpose of the 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."

The 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. Civil Unions

This section creates a new chapter for civil unions in the domestic relations title.

Civil union status is available to two persons of the same sex who are not related to one another. Parties to the civil union must be at least 18 years old and competent to enter a contract. To enter a civil union, a person may not already be a party to another civil union or a marriage.

"Marriage" is defined as the legally recognized union of one man and one woman.

Parties to a civil union will be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons.

Parties to a civil union will have all of 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.

The family court will have jurisdiction over all proceedings relating to the dissolution of civil unions. The dissolution of civil unions will follow the same procedures, and be subject to the same substantive rights and obligations that are involved in the dissolution of marriage, including any residency requirements. (Note: Vermont requires six months' residency for filing for divorce and a year of residency for the granting of a divorce; these requirements would apply in like manner to civil unions.)

The commissioner of health will provide civil union license and certificate forms to all town and county clerks, and will keep a record of all civil unions.

Sec. 4. Jurisdiction

This section amends the existing statute that establishes the jurisdiction of family court and gives family court jurisdiction over civil union matters.

Sec. 5. Civil Unions; Records and Licenses, Chapter 106 of Title 18

This section creates a new chapter that specifies the process for obtaining a civil union license.

To establish a civil union, a couple may apply for a civil union license at their town clerk's office. If the couple meets the requirements for establishing a civil union, the clerk will issue the couple a civil union license. Within 60 days of issuance of the license, a couple must have the civil union certified by an authorized person. Persons authorized to certify a civil union include judges, justices of the peace and clergy.

Nonresidents may obtain a civil union license from any town clerk in the state rather than having to obtain the license from a town clerk in the county in which the civil union is going to be certified.

Town clerks will provide persons who apply for a civil union license with information prepared by the secretary of state that advises such persons 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.

An assistant town clerk may perform the duties of a town clerk with regard to issuance of a civil union license.

Sec. 6. Through Sec. 16. Town Clerk Record-keeping Duties

These sections amend existing record-keeping laws that specify how birth, death and marriage records are to be kept. Civil union records would be incorporated into the existing system.

Secs. 17 and 18. Insurance

Insurers must make available dependent coverage to parties to a civil union that is equivalent to that provided to married persons. 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.

Employers are not required to provide coverage to parties to a civil union. Insurers will be required to offer equivalent coverage, but the employer then decides whether to purchase the group health insurance for its employees and which employees are eligible for the insurance.

Sec. 19. Fees for Marriage License and Civil Union License

This section amends the existing statute that sets the fee for a marriage license and provides that the fee for a civil union license shall be the same as the fee for a marriage license - $20.00.

Sec. 20. through Sec. 23. Taxes

For the purpose of state income taxes, parties to a civil union will be taxed in the same manner as married persons. However, Vermont estate taxes are treated differently because the state's estate taxes are not piggybacked on the federal estate taxes.

Sec. 24. Marriage Contracted While One in Force

This section amends current law to prohibit someone from marrying if in a valid civil union.

Sec. 25. Marriage Definition

The definition is added to the marriage chapter in the domestic relations title (Chapter 1 of Title 15). "Marriage" means the legally recognized union of one man and one woman.

Sec. 26. Issuance of Marriage License

This section amends current law to permit nonresidents to obtain a marriage license from any town clerk in the state rather than having to obtain the license from a town clerk in the county in which the marriage is going to be solemnized.

Sec. 27. Issuance of License

This section amends current law regarding the issuance of a marriage license by a town clerk. Language was added that clarifies that assistant town clerks may perform the duties of a town clerk with regard to this chapter.

Sec. 28. Persons Authorized to Solemnize Marriage

This section clarifies and updates old existing language but does not change the statute substantively.

Sec. 29 through Sec. 38. Reciprocal Beneficiaries

Two persons who are blood-relatives or relatives related by adoption and prohibited from establishing a civil union or marriage with one another may establish a reciprocal beneficiaries relationship. Persons must be at least 18 years old and competent to enter a contract. They may not be a party to another reciprocal beneficiaries relationship, a civil union or a marriage. Each person must consent to the relationship without force, fraud or duress.

Two persons who meet the criteria may establish a reciprocal beneficiaries relationship by presenting a signed, notarized declaration of a reciprocal beneficiaries relationship to the commissioner of health, and paying a filing fee of $10.00.

Reciprocal beneficiaries 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; (2) Decision-making relating to anatomical gifts; (3) Decision-making relating to disposition of remains; (4) Durable power of attorney for health care and terminal care documents; (5) Patient's bill of rights; (6) Nursing home patient's bill of rights; and (7) Abuse prevention.

Either party to a reciprocal beneficiaries relationship may terminate the relationship by filing a signed, notarized declaration with the commissioner. Within 60 days of the filing of the declaration and payment of the fee 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.

If a party to a reciprocal beneficiaries relationship enters into a valid civil union or a marriage, the reciprocal beneficiary relationship shall terminate, and the parties shall no longer be entitled to the benefits, protections and responsibilities of the reciprocal beneficiaries relationship.

The commissioner of health is required to: prepare forms for declarations regarding reciprocal beneficiaries relationships; keep records of all declarations regarding reciprocal beneficiaries relationships; set a filing fee for establishing and terminating reciprocal beneficiaries relationships; and 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. 39. Construction

The construction section is intended to provide guidance to those who will be interpreting the act.

It is the intention that the act 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.

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.

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.

The act shall not be construed in a manner which violates a person's free exercise of religion as guaranteed by the U.S. Constitution or Vermont Constitution.

Sec. 40. Vermont Civil Union Review Commission

A Civil Union Review Commission is established for two years. The commission will 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.

The duties of the commission include:

1. preparing and implementing a plan to inform members of the public, state agencies, and private and public sector businesses and organizations about the act;

2. collecting information about the implementation, operation, and effect of the act, from members of the public, state agencies, and private and public sector businesses and organizations;

3. collecting information about the recognition and treatment of Vermont civil unions by other states and jurisdictions, including procedures for dissolution;

4. evaluating the impact and effectiveness of the act;

5. exploring and proposing 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 the act;

6. examining reciprocal beneficiaries relationships and evaluating 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; and

7. reporting 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.

Sec. 41. Severability

This section is a restatement of current law. A general severability clause in Title 1 provides that all acts are severable and that if any part of the act is invalid, it shall not affect the other provisions in the act which can be given effect without the invalid provision.

Sec. 42. Effective Dates

The findings, purpose and the commission take effect upon passage.

The insurance sections of the act take effect January 1, 2001.

The tax sections of the act take effect January 1, 2001.

The rest of the act takes effect July 1, 2000.