2011 -- H 6103 SUBSTITUTE A

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LC02541/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO DOMESTIC RELATIONS - CIVIL UNIONS

     Introduced By: Representatives Petrarca, Fox, JP O`Neill, E Coderre, and Watson

     Date Introduced: May 03, 2011

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 3.1

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CIVIL UNIONS

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     15-3.1-1. Definitions. -- (1) "Certificate of civil union" means a document that certifies

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that the persons named on the certificate have established a civil union in compliance with this

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chapter.

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     (2) "Civil union" means a legal union between two individuals of the same sex

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established pursuant to this chapter.

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     (3) "Party to a civil union" means a person who has established a civil union pursuant to

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this chapter.

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     15-3.1-2. Eligibility. -- Persons shall be eligible to enter into a civil union only if both

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such persons are:

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     (1) At least eighteen (18) years of age;

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     (2) Of the same sex;

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     (3) Not a party to another civil union or a spouse in a marriage with any other person;

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     (4) Not in a family relationship within the degrees stated in Rhode Island general laws

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section 15-1-1 or section 15-1-2; and

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     (5) Neither person is mentally incompetent at the time of the civil union.

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     15-3.1-3. License requirements. -- (a) Persons intending to form a civil union in this

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state must first obtain a license from the town or city in which:

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     (1) One of the parties to the civil union resides; or

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     (2) In the case of both parties being nonresidents of this state the city or town in which

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the proposed civil union is to be performed.

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     (b) Before any license shall be issued to any person who, having previously been married

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or been a party in a civil union to someone other than their intended civil union partner, the

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person shall present to the town or city clerk a certified copy of the decree granting the divorce or

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dissolving the civil union.

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     (c) The license required in: (a) shall be valid for three (3) months after the date of issue,

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and if unused at the expiration of the three (3) months, the party or parties having the possession

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of the license shall immediately return it to the town or city clerk from whom it was obtained.

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     (d) License fee. For issuing the civil union license the town or city clerk shall collect a

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fee of twenty-four dollars ($24.00). The city or town shall retain eight dollars ($8.00), and

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transmit sixteen dollars ($16.00) to the general treasurer of the State of Rhode Island who shall be

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responsible for depositing eight dollars ($8.00) of the sixteen dollars ($16.00) received into the

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family and children trust fund created by Rhode Island general laws section 42-72-30. Each clerk

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shall keep an accurate account of all fees charged and received under this section and shall

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transmit all sums due to the general treasurer at least monthly in the manner and with the forms

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which the general treasurer shall prescribe.

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     (e) The several town and city clerks shall record, in separate books to be kept by them for

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that purpose, the information furnished to them and subscribed to as provided in this section.

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Further, town and city clerks shall treat the civil union certificate as a vital record pursuant to

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Rhode Island general laws chapter 23-3.

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     15-3.1-4. Certification of civil unions. -- Officials empowered to certify persons in civil

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unions:

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     (1) Every ordained clergy or elder in good standing, every justice of the supreme court,

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superior court, family court, workers' compensation court, district court or traffic tribunal, the

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clerk of the supreme court, every clerk or general chief clerk of a superior court, family court,

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district court, or traffic tribunal, magistrates, special or general magistrates of the superior court,

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family court, traffic tribunal or district court, administrative clerks of the district court,

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administrators of the workers' compensation court, every former justice or judge and former

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administrator of these courts and every former chief clerk of the district court, and every former

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clerk or general chief clerk of a superior court, the secretary of the senate, elected clerks of the

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general assembly, any former secretary of the senate or any former elected clerk of the general

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assembly who retires after July 1, 2007, judges of the United States appointed pursuant to Article

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III of the United States Constitution, bankruptcy judges appointed pursuant to Article I of the

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United States Constitution, and United States magistrate judges appointed pursuant to federal law,

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may certify a civil union in any city or town in this state; and every justice and every former

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justice of the municipal courts of the cities and towns in this state and of the police court of the

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town of Johnston and every probate judge and every former probate judge may certify a civil

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union in any city or town in this state, and wardens of the town of New Shoreham may certify

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persons in civil unions in New Shoreham.

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      (2) Every certification of a civil union shall be held in the presence of at least two (2)

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witnesses besides the person officiating the certification and no minister, justice or other

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authorized person shall perform the civil union certification until the persons to be certified in a

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civil union have presented him or her the license named in this section.

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     (3) Every minister, justice, or other authorized person who certifies any persons in a civil

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union shall endorse the "License and Certificate of Civil Union" presented to him or her by the

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persons and certify that the persons were certified in a civil union in accordance with the laws of

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the State of Rhode Island and the person who certifies the parties in the civil union shall complete

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all the information on the "License and Certificate of Civil Union" and file the form within

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ninety-six (96) hours following the date of the civil union certification with the clerk in the town

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or city from which the license was issued.

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     (4) The town or city clerk to whom the civil union certificate is returned shall carefully

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file and preserve the return.

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     (5) If any person has any lawful objection to the civil union of any two (2) persons, he or

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she may state the objection in writing, under his or her hand, to the minister, justice or other

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authorized person about to certify the civil union, at which time the minister, justice or other

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authorized person shall proceed no further in the civil union until the lawful objection has been

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removed.

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     (6) Every minister, justice, or other authorized person who certifies persons in a civil

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union without first receiving the license required by this chapter containing the required

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information, or whenever the certification of the civil union has been lawfully objected to and the

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impediment is not removed, or when the person certifies parties in a civil union that he or she

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knows to have a husband, wife, or other civil union partner shall be imprisoned not exceeding six

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(6) months or fined not exceeding one thousand dollars ($1,000).

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     (7) No civil union certified before a person professing to have a license or professing to

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be qualified to certify the civil union shall be deemed or adjudged to be void, nor shall the

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validity of the civil union be in any way affected by want of jurisdiction or authority in the person

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by noncompliance with any of the requirements of this chapter, if the civil union is in other

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respects lawful and has been certified with a full belief on the part of the parties to the civil union,

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or either of them, that they have lawfully certified in a civil union.

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     (8) Every person who certifies a civil union without being legally authorized to do so

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shall be fined five hundred dollars ($500).

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     (9) If, as the result of a court decision, any civil union which has occurred in Rhode

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Island is declared invalid, the court shall order the state registrar of vital records to mark “invalid”

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the original civil union record on file at the division of vital records and to note the invalidity of

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the civil union on all other files or references to the civil union.

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     (10) Whoever provides any false information as to the requirements under this chapter, or

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whoever enters into a civil union without duly proceeding as is required by this chapter, shall be

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fined not exceeding five hundred dollars ($500).

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     15-3.1-5. Civil union certification. -- Nothing in this chapter shall be construed to

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require any ordained clergy or elder in good standing authorized under this chapter to certify a

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civil union and no such authorized person who fails or refuses to certify persons in a civil union

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shall be subject to fine, penalty, or other cause of action for failure or refusal to certify the civil

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union.

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     15-3.1-6. Benefits, protections, and responsibilities. -- A party to a civil union lawfully

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entered into pursuant to this chapter shall have all the rights, benefits, protections, and

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responsibilities under law, whether derived from statutes, administrative rules, court decisions,

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the common law, or any other source of civil or criminal law as people joined together pursuant

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to chapter 15-3.

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     15-3.1-7. References and inclusions. -- A party to a civil union shall be included in any

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definition or use of any term that denotes the spousal relationship, whether or not gender specific,

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as those or related terms designating that relationship are used throughout the laws of the State of

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Rhode Island.

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     15-3.1-8. Reciprocity. -- A civil union legally entered into in another jurisdiction, shall

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be recognized in Rhode Island as a civil union; provided, that the relationship meets the eligibility

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requirements of this chapter.

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     15-3.1-9. Dissolution of civil unions. -- The family court, as established by Rhode Island

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general laws section 8-10-3, shall have jurisdiction over all proceedings regarding dissolution of

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civil unions. In all relevant respects, the dissolution of civil unions shall follow the procedures

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and be subject to the substantive rights and obligations outlined in chapter 15-5.

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     15-3.1-10. Requirement of department of health - Civil unions. -- (a) The department

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of health, office of vital statistics shall draft and distribute applications for civil unions to every

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town and city within the state.

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     15-3.1-11. Severability. -- If any part of this chapter or its application to any person or

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circumstance is adjudged invalid, the adjudication or application shall not affect the validity of

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this act as a whole or any other part.

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     SECTION 2. This act shall take effect on July 1, 2011.

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LC02541/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS - CIVIL UNIONS

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     This act would provide a legal proceeding whereby two individuals of the same sex may

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enter into a civil union.

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     This act would take effect on July 1, 2011.

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LC02541/SUB A

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