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

Summary of Senate Judiciary Committee
Strike-all Amendment to H.847

The following is a brief summary of the substantive changes to H.847 that are contained in the Senate Judiciary Committee strike-all amendment. For a more complete, section by section analysis see the memo from Legislative Council, dated April 14.

• The findings were condensed and rearranged.

• The purpose of the act specifically references the Vermont Supreme Court opinion in Baker v. State.

• A definition of marriage as "the legally recognized union of one man and one woman" was added to chapter 1 (Marriage) of Title 15 (Domestic Relations). This is in addition to the same definition of marriage already contained in the civil union chapter and the findings.

• Nonresidents would be permitted to obtain a marriage license or 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 their marriage is going to be solemnized or their civil union is going to be certified.

• Language was added to clarify that parties to a civil union would be subject to the same substantive rights and obligations that are involved in the dissolution of a marriage, including any residency requirements. (Vermont requires a six-month residency period prior to filing for a divorce.)

• Language was added to clarify that assistant town clerks may perform the duties of a town clerk with respect to the issuance of a marriage license or a civil union license.

• Town clerks would be required to provide persons who apply for a civil union license with information prepared by the secretary of state that advises them 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.

• The term of the Vermont Civil Union Review Commission was reduced from three years to two.

• The membership of the Commission was changed. The Senate Judiciary strike-all includes 2 House members of different parties; 2 Senate members of different parties; 4 members appointed by the Governor, 1 of whom shall be an attorney familiar with Vermont family law; the chair of the Human Rights Commission or his or her designee; and the Attorney General or his or her designee. H.847 includes 3 House members; 3 Senate members; 3 members appointed by the Governor; 1 member appointed by the Chief Justice, who shall be a sitting judge; and the Dean of Vermont Law School or his or her designee.

• The Commission has a new duty to "prepare and implement a plan to inform members of the public, state agencies, and private and public sector businesses and organizations about the act."

• The Commission has a new duty to "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."

• The findings, purpose and commission still become effective upon passage and the tax sections of the act still take effect January 1, 2001. However, the effective date of the insurance sections of the act have been delayed from September 1, 2000 to January 1, 2001. The remaining sections of the act will take effect July 1, 2000.