Introduced by Representative Flory of Pittsford

Referred to Committee on

Date:

Subject: Domestic relations; civil unions; repeal; contracted benefits

Statement of purpose: This bill proposes to replace civil unions with a new system of reciprocal partnerships which would, through a contract entered into by the parties, provide the benefits and protections of marriage to couples who are not eligible to marry. To be entitled to the same benefits and protections afforded to married couples, including access to family court, couples seeking a reciprocal partnership must register their contracted relationship with the department of health. Reciprocal beneficiary relationships would be repealed, and the Vermont civil union review commission would be disbanded.

AN ACT RELATING TO RECIPROCAL PARTNERSHIPS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. FINDINGS

The general assembly finds:

(1) Traditional marriage is the legal union between one man and one woman.

(2) In addition to the marital relationship between a man and woman, there are other valuable family relationships, such as committed same-sex couples, and relationships between relatives, such as siblings and a parent and child. These relationships are equally important, and deserving of the benefits and protections afforded to married couples by Vermont law.

Sec. 2. PURPOSE

The purpose of this act is to provide couples who are not eligible to marry the opportunity to obtain the same benefits and protections afforded by Vermont law to married couples.

Sec. 2. REPEAL

15 V.S.A. chapter 23 (Civil Unions) is repealed.

Sec. 3. 15 V.S.A. chapter 24 is added to read:

CHAPTER 24. RECIPROCAL PARTNERSHIPS

§ 1221. DEFINITIONS

As used in this chapter:

(1) “Commissioner” means the commissioner of the department of health.

(2) “Declaration of dissolution” means a document provided by the department that sets forth the conditions of dissolution of a reciprocal partnership.

(3) “Department” means the Vermont department of health.

(4) “Dissolution certificate” means a document issued by the department that certifies that the named parties have dissolved their reciprocal partnership in this state.

(5) “Reciprocal partner” means a person who has established a reciprocal partnership pursuant to this chapter.

(6) “Reciprocal partnership” means a relationship established by two eligible persons pursuant to this chapter.

(7) “Reciprocal partnership certificate” means a document that certifies that the named parties have established a valid reciprocal partnership in this state.

(8) “Reciprocal partnership license” means a document provided by the department of health that sets forth the conditions of establishing a reciprocal partnership in Vermont and provides a couple with the authority to establish a reciprocal partnership.

§ 1222. REQUISITES OF A VALID RECIPROCAL PARTNERSHIP

For a reciprocal partnership to be established in Vermont, the parties shall:

(1) be at least 18 years of age;

(2) not be parties to any other reciprocal partnership or marriage;

(3) be ineligible to marry one another;

(4) be competent to enter a contract; and

(5) consent to the reciprocal partnership without force, fraud or duress.

§ 1223. ESTABLISHING A RECIPROCAL PARTNERSHIP

(a) To establish a reciprocal partnership, the two eligible parties shall complete an application received from the department. After review of the application, if the parties meet the requirements for a reciprocal partnership, the department shall issue to the parties a reciprocal partnership license.

(b) The license is a contract which shall set forth the requirements of a reciprocal partnership, and includes a statement regarding the legal benefits, protections and responsibilities of a reciprocal partnership.

(c) The license shall be signed and attested to by both parties before a notary and in the presence of two witnesses. The notary shall certify the reciprocal partnership and fill out the part of the form on the license provided for such use. Thereafter, the document shall be known as a reciprocal partnership certificate.

(d) Within ten days of the certification, the person certifying the reciprocal partnership shall return the reciprocal partnership certificate to the department. A person may receive a copy of the certificate from the health department for a fee of $10.00.

§ 1224. BENEFITS, PROTECTIONS AND RESPONSIBILITIES OF A RECIPROCAL PARTNERSHIP

(a) A reciprocal partner 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 a spouse in a marriage. However, application of the benefits, protections and responsibilities of marriage shall not apply to a reciprocal partnership established by two persons who are related by blood or adoption if such application would violate state laws prohibiting incest.

(b) A reciprocal partner shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” and other terms that denote the spousal relationship, as those terms are used in laws relating to the benefits, protections and responsibilities granted to spouses in a marriage.

(c) Reciprocal partners 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) Notwithstanding subsections (a) and (b) of this section, for purposes of inheritance involving a person who dies intestate, a person who is related to his or her reciprocal partner by blood or adoption may assume a share of the estate as a reciprocal partner or an heir at law, but not both.

§ 1225. DISSOLUTION OF A RECIPROCAL PARTNERSHIP

(a) The family court shall have jurisdiction over all proceedings relating to the dissolution of a reciprocal partnership.

(b) The dissolution of a reciprocal partnership 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. However, the laws related to adultery shall not apply to a reciprocal partnership established by two persons who are related by blood or adoption.

(c) Notwithstanding subsections (a) and (b) of this section, a reciprocal partnership that does not involve minor children may be dissolved by the parties through mutual agreement by filing a declaration of dissolution with the department. The declaration shall set forth the conditions of dissolution of a reciprocal partnership, and shall be signed and attested to by the parties before a notary and in the presence of two witnesses. Within 90 days of receipt of a declaration of dissolution, the department shall issue a dissolution certificate to each party to the dissolution. Either reciprocal partner may rescind the declaration within the 90-day period by filing notice with the department. This subsection shall apply only to persons who have established a reciprocal partnership on or after July 1, 2001, and shall not apply to persons who have established a civil union prior to that date which, on July 1, 2001, transitions into a reciprocal partnership.

§ 1226. COMMISSIONER OF HEALTH; DUTIES

(a) The commissioner shall develop forms for a reciprocal partnership license and certificate, a declaration of dissolution and a certificate of dissolution.

(b) The commissioner shall keep a record of all reciprocal partnerships and dissolutions.

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 October 1, 1990. The family court shall also have exclusive jurisdiction to hear and dispose of any requests to modify or enforce any orders issued by the district or superior court relating to the following proceedings:

* * *

(17) All proceedings relating to the dissolution of a *[civil union]* reciprocal partnership.

Sec. 5. 8 V.S.A. § 4724(7)(E) is amended to read:

(E) Making or permitting unfair discrimination between married couples and *[parties to a civil union]* reciprocal partners as defined under 15 V.S.A. § *[1201]* 1221, with regard to the offering of insurance benefits to a couple, a spouse, a *[party to a civil union]* reciprocal partner, or *[their]* his or her 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]* reciprocal partners 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 Vermont law. The standards and process may differ from the provisions contained in chapter 101, subchapter 6 and sections 4062, 4201, 4515a, 4587, 4685, 4687, 46 005 of this title where, in the commissioner’s opinion, the provisions regarding filing and approval of forms are not desirable or necessary to effectuate the purposes of this section.

Sec. 6. 8 V.S.A. § 4063a is amended to read:

§ 4063a. COVERAGE FOR *[CIVIL UNIONS]* RECIPROCAL PARTNERSHIPS

(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”]* “Reciprocal partner” is defined for purposes of this section as under 15 V.S.A. § *[1201]* 1221.

(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]* reciprocal partners 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]* reciprocal partner.

Sec. 7. 15 V.S.A. § 4 is amended to read:

§ 4. MARRIAGE CONTRACTED WHILE ONE IN FORCE

Marriages contracted while either party has a living spouse or a living *[party to a civil union]* reciprocal partner shall be void.

Sec. 8. 18 V.S.A. § 5004 is amended to read:

§ 5004. FAMILY COURT CLERKS; DIVORCE AND DISSOLUTION RETURNS

The family court clerk shall send to the commissioner, before the tenth day of each month, a report of the number of divorces and dissolutions which became absolute during the preceding month, showing as to each the names of the parties, date of marriage or *[civil union]* reciprocal partnership, number of children, grounds for divorce or dissolution and such other statistical information available from the family court clerk’s file as may be required by the commissioner.

Sec. 9. 32 V.S.A. § 3001 is amended to read:

§ 3001. DEFINITIONS

As used in this section:

Sec. 10. 32 V.S.A. § 5812 is amended to read:

§ 5812. INCOME TAXATION OF *[PARTIES TO A CIVIL UNION]* RECIPROCAL PARTNERS

This chapter shall apply to *[parties to a civil union]* reciprocal partners and surviving *[parties to a civil union]* reciprocal partners as if federal income tax law recognized a *[civil union]* reciprocal partnership in the same manner as Vermont law.

Sec. 11. 32 V.S.A. § 7401(a) is amended to read:

(a) This chapter is intended to conform the Vermont estate tax laws with the estate and gift tax provisions of the United States Internal Revenue Code, except as otherwise expressly provided, in order to simplify the taxpayer’s filing of returns, reduce the taxpayer’s accounting burdens, and facilitate the collection and administration of these taxes. Because federal estate and gift tax law does not recognize a *[civil union]* reciprocal partnership in the same manner as Vermont law, and because a reduction in the Vermont estate tax liability for *[parties to a civil union]* reciprocal partners based upon the federal marital deduction would not reduce the total estate tax liability, estates of *[parties to a civil union]* reciprocal partners shall be subject to tax based on their actual federal estate tax liability and the federal credit for state death taxes, as provided under this chapter.

Sec. 12. 32 V.S.A. § 3802(11)(B)(i) is amended to read:

§ 3802. PROPERTY TAX

* * *

(11)(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]* reciprocal partnership in the same manner as Vermont law;

Sec. 13. REPEAL

(a) Secs. 6 (Vital Records; Forms of Certificates), 7 (Returns; Tables), 9 through 16 (Unorganized Towns and Gores; Vital Records Published in Town Reports; Preservation of Data; Town Clerk; Recording and Indexing Procedures; Nonresidents; Certified Copies; Report of Statistics; Penalty; and Town Clerk to Provide General Index; Marriages and Civil Unions), 19 (Town Clerks), 31 (Making, Revoking and Objecting to Anatomical Gifts, by Others), 33 (Execution and Witnesses), 34 (Execution and Witnesses), 35 (Patients’ Bill of Rights; Adoption), 36 (Nursing Home Residents’ Bill of Rights), 37 (Resident’s Representative), 38 (Definition; Abuse Prevention), and 40 (Vermont Civil Union Review Commission) of No. 91 of the Acts of the 1999 Adjourned Session (2000), an act relating to civil unions, are repealed, and the provisions of the Vermont Statutes Annotated amended by those sections of No. 91 of the Acts of the 1999 Adjourned Session (2000) shall revert to the language containe d in those provisions in effect prior to the enactment of No. 91 of the Acts of the 1999 Adjourned Session (2000).

(b) 15 V.S.A. chapter 25 (Reciprocal Beneficiaries), 18 V.S.A. § 1853 (Hospital Visitation Policy, Reciprocal Beneficiary), 18 V.S.A. chapter 106 (Civil Union; Records and Licenses) and 18 V.S.A. § 5220 (Decision-Making Regarding Remains; Reciprocal Beneficiary) are repealed.

Sec. 14. TRANSITIONAL PROVISIONS

On July 1, 2001, a civil union shall become a reciprocal partnership as provided for in chapter 24 of Title 15, as added by Sec. 3 of this act. No later than June 1, 2001, the Department of Health shall provide, by first class mail, written notice of such change to all parties to a civil union at the parties’ last known address. The Department of Health shall provide notice of such change to all county and town clerks, and advise clerks as to any changes in recordkeeping made pursuant to this act.

Sec. 15. EFFECTIVE DATE

This act shall take effect July 1, 2001; however, this section and Sec. 14 shall take effect upon passage.