H.502
Introduced by Committee on Judiciary
Date:
Subject: Domestic relations; civil unions; repeal; reciprocal partnerships
Statement of purpose: This bill proposes to replace civil unions with a new system of reciprocal partnerships which would 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 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 Reciprocal beneficiary relationships would be repealed, and the Vermont civil union review commission would be disbanded.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 that:
(1) Marriage is and should be limited to the legal union of one man and one woman. This definition and limitation of marriage has been accepted by the Vermont community and our nation as most conducive to the public well-being.
(2) The Vermont Supreme Court’s mandate in Baker v. State interpreted Article 7 of the Vermont Constitution specifically to Vermont law and claims made under that law by its citizens.
(3) According to the Supreme Court, the issue in the Baker decision "[did] not turn on the religious or moral debate over intimate same-sex relationships, but rather on the statutory and constitutional basis for the exclusion of same-sex couples from the secular benefits and protections offered married couples." 170 Vt. 194, 197 (1999).
(4) The state has no right or duty to award benefits and privileges to people based upon the degree of their personal affections.
(5) According to the Baker decision and the Vermont Constitution, the choice of how to extend benefits and protections offered through marriage beyond the marital union rests solely with the Legislature.
(6) In addition to the marital relationship between a man and woman, there are valuable paired, nonmarital family relationships between committed unrelated same-sex adults, and between adult relatives. These paired, nonmarital relationships are also deserving of the benefits and protections afforded married persons and their dependents under Vermont law.
Sec. 2. PURPOSE
The purpose of this act is to provide paired adults who are not eligible to marry the opportunity to obtain the benefits and protections afforded by Vermont law.
Sec. 3. REPEAL
15 V.S.A. chapter 23 (Civil Unions) is repealed.
Sec. 4. 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 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 application" means a document that is used by two persons to request a reciprocal partnership license.
(8) "Reciprocal partnership certificate" means a document that certifies the named parties have established a valid reciprocal partnership in this state.
(9) "Reciprocal partnership license" means a document provided by the department that sets forth the conditions of establishing a reciprocal partnership in Vermont, and grants a couple authority to establish a reciprocal partnership.
§ 1222. VALID RECIPROCAL PARTNERSHIP; REQUISITES
For a reciprocal partnership to be established in Vermont, the parties shall each:
(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. RECIPROCAL PARTNERSHIP; ESTABLISHMENT
(a) To establish a reciprocal partnership, the two eligible parties shall submit a completed reciprocal partnership application and a $20.00 application fee to 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 shall set forth the requirements of a reciprocal partnership, and include a statement regarding the legal benefits, protections and responsibilities of a reciprocal partnership.
(c) The license shall be signed by both parties in the presence of two witnesses and acknowledged before a notary public. The acknowledgement shall certify that each party executed the document freely and voluntarily. When completed, the document shall be known as a reciprocal partnership certificate.
(d) Within ten days of the certification, the notary public taking acknowledgement and 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 $7.00.
§ 1224. RECIPROCAL PARTNERSHIP; BENEFITS, PROTECTIONS AND RESPONSIBILITIES
(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.
(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. RECIPROCAL PARTNERSHIP; DISSOLUTION
(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 involved in the dissolution of marriage, in accordance with chapter 11 of this title, including any residency requirements.
(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 both parties in the presence of two witnesses and acknowledged before a notary public. 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 application, 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. 5. 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. 6. 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, 4688, 4985, 5104 and 8005 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. 7. 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. 8. 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. 9. 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. 10. 32 V.S.A. § 3001 is amended to read:
§ 3001. DEFINITIONS
As used in this section:
*[(a)]*(1) "Person" as used in Parts 2, 4 and 5 of this subtitle shall include a partnership, association, corporation or limited liability company.
*[(b)]*(2) *["Party to a civil union"]* "Reciprocal partner" is defined for purposes of *[Title 32]* this title as under *[subdivision 1201(4) of Title 15]* 15 V.S.A. § 1221.
(c)]*(3) "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]* reciprocal partnership in the same manner as Vermont law.
Sec. 11. 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. 12. 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. 13. 32 V.S.A. § 3802(11)(B)(i) is amended to read:
§ 3802. PROPERTY TAX
* * *
(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. 14. CONSTRUCTION
This act shall not be construed to presume that a sexual relationship is permitted under state law between two reciprocal partners who are related as provided in 15 V.S.A. §§ 1, 2, and 1203. The laws prohibiting a sexual relationship between two persons who are related as provided in 15 V.S.A. §§ 1, 2, and 1203 shall remain valid.
Sec. 15. 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; 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 contained in those provisions in effect prior to the enactment of No. 91.
(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. 16. 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. 2 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. 17. EFFECTIVE DATE
This act shall take effect July 1, 2001; however, this section and Sec. 16 shall take effect upon passage.