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  VERMONT SECRETARY OF STATE - Deborah=20 L.Markowitz
3D"Elections 3D"Other

NO. 91. AN ACT RELATING TO CIVIL UNIONS.

(H.847)

It is hereby enacted by the General Assembly of the State of=20 Vermont:

Sec. 1. LEGISLATIVE FINDINGS

The General Assembly finds that:

(1) Civil marriage under Vermont's marriage statutes consists = of a=20 union between a man and a woman. This interpretation of the = state's=20 marriage laws was upheld by the Supreme Court in Baker v. = State.

(2) Vermont's history as an independent republic and as a state = is one=20 of equal treatment and respect for all Vermonters. This tradition = is=20 embodied in the Common Benefits Clause of the Vermont = Constitution,=20 Chapter I, Article 7th.

(3) The state's interest in civil marriage is to encourage = close and=20 caring families, and to protect all family members from the = economic and=20 social consequences of abandonment and divorce, focusing on those = who have=20 been especially at risk.

(4) Legal recognition of civil marriage by the state is the = primary=20 and, in a number of instances, the exclusive source of numerous = benefits,=20 responsibilities and protections under the laws of the state for = married=20 persons and their children.

(5) Based on the state's tradition of equality under the law = and strong=20 families, for at least 25 years, Vermont Probate Courts have = qualified gay=20 and lesbian individuals as adoptive parents.

(6) Vermont was one of the first states to adopt comprehensive=20 legislation prohibiting discrimination on the basis of sexual = orientation=20 (Act No. 135 of 1992).

(7) The state has a strong interest in promoting stable and = lasting=20 families, including families based upon a same-sex couple.

(8) Without the legal protections, benefits and = responsibilities=20 associated with civil marriage, same-sex couples suffer numerous = obstacles=20 and hardships.

(9) Despite longstanding social and economic discrimination, = many gay=20 and lesbian Vermonters have formed lasting, committed, caring and = faithful=20 relationships with persons of their same sex. These couples live = together,=20 participate in their communities together, and some raise children = and=20 care for family members together, just as do couples who are = married under=20 Vermont law.

(10) While a system of civil unions does not bestow the status = of civil=20 marriage, it does satisfy the requirements of the Common Benefits = Clause.=20 Changes in the way significant legal relationships are established = under=20 the constitution should be approached carefully, combining respect = for the=20 community and cultural institutions most affected with a = commitment to the=20 constitutional rights involved. Granting benefits and protections = to=20 same-sex couples through a system of civil unions will provide due = respect=20 for tradition and long-standing social institutions, and will = permit=20 adjustment as unanticipated consequences or unmet needs arise.

(11) The constitutional principle of equality embodied in the = Common=20 Benefits Clause is compatible with the freedom of religious belief = and=20 worship guaranteed in Chapter I, Article 3rd of the state = constitution.=20 Extending the benefits and protections of marriage to same-sex = couples=20 through a system of civil unions preserves the fundamental = constitutional=20 right of each of the multitude of religious faiths in Vermont to = choose=20 freely and without state interference to whom to grant the = religious=20 status, sacrament or blessing of marriage under the rules, = practices or=20 traditions of such faith.

Sec. 2. PURPOSE

(a) The purpose of this act is to respond to the constitutional = violation found by the Vermont Supreme Court in Baker v. State, = and to=20 provide eligible same-sex couples the opportunity to "obtain the = same=20 benefits and protections afforded by Vermont law to married = opposite-sex=20 couples" as required by Chapter I, Article 7th of the Vermont=20 Constitution.

(b) This act also provides eligible blood-relatives and = relatives=20 related by adoption the opportunity to establish a reciprocal=20 beneficiaries relationship so they may receive certain benefits = and=20 protections and be subject to certain responsibilities that are = granted to=20 spouses.

Sec. 3. 15 V.S.A. chapter 23 is added to read:

CHAPTER 23. CIVIL UNIONS

=A7 1201. DEFINITIONS

As used in this chapter:

(1) "Certificate of civil union" means a document that = certifies that=20 the persons named on the certificate have established a civil = union in=20 this state in compliance with this chapter and 18 V.S.A. chapter = 106.

(2) "Civil union" means that two eligible persons have = established a=20 relationship pursuant to this chapter, and may receive the = benefits and=20 protections and be subject to the responsibilities of spouses.

(3) "Commissioner" means the commissioner of health.

(4) "Marriage" means the legally recognized union of one man = and one=20 woman.

(5) "Party to a civil union" means a person who has established = a civil=20 union pursuant to this chapter and 18 V.S.A. chapter 106.

=A7 1202. REQUISITES OF A VALID CIVIL UNION

For a civil union to be established in Vermont, it shall be = necessary=20 that the parties to a civil union satisfy all of the following=20 criteria:

(1) Not be a party to another civil union or a marriage.

(2) Be of the same sex and therefore excluded from the marriage = laws of=20 this state.

(3) Meet the criteria and obligations set forth in 18 V.S.A. = chapter=20 106.

=A7 1203. PERSON SHALL NOT ENTER A CIVIL UNION WITH A

RELATIVE

(a) A woman shall not enter a civil union with her mother, = grandmother,=20 daughter, granddaughter, sister, brother's daughter, sister's = daughter,=20 father's sister or mother's sister.

(b) A man shall not enter a civil union with his father, = grandfather,=20 son, grandson, brother, brother's son, sister's son, father's = brother or=20 mother's brother.

(c) A civil union between persons prohibited from entering a = civil=20 union in subsection (a) or (b) of this section is void.

=A7 1204. BENEFITS, PROTECTIONS AND RESPONSIBILITIES OF

PARTIES TO A CIVIL UNION

(a) Parties to a civil union shall have all the same benefits,=20 protections and responsibilities under law, whether they derive = from=20 statute, administrative or court rule, policy, common law or any = other=20 source of civil law, as are granted to spouses in a marriage.

(b) A party to a civil union shall be included in any = definition or use=20 of the terms "spouse," "family," "immediate family," "dependent," = "next of=20 kin," and other terms that denote the spousal relationship, as = those terms=20 are used throughout the law.

(c) Parties to a civil union shall be responsible for the = support of=20 one another to the same degree and in the same manner as = prescribed under=20 law for married persons.

(d) The law of domestic relations, including annulment, = separation and=20 divorce, child custody and support, and property division and = maintenance=20 shall apply to parties to a civil union.

(e) The following is a nonexclusive list of legal benefits, = protections=20 and responsibilities of spouses, which shall apply in like manner = to=20 parties to a civil union:

(1) laws relating to title, tenure, descent and distribution, = intestate=20 succession, waiver of will, survivorship, or other incidents of = the=20 acquisition, ownership, or transfer, inter vivos or at death, of = real or=20 personal property, including eligibility to hold real and personal = property as tenants by the entirety (parties to a civil union meet = the=20 common law unity of person qualification for purposes of a tenancy = by the=20 entirety);

(2) causes of action related to or dependent upon spousal = status,=20 including an action for wrongful death, emotional distress, loss = of=20 consortium, dramshop, or other torts or actions under contracts = reciting,=20 related to, or dependent upon spousal status;

(3) probate law and procedure, including nonprobate = transfer;

(4) adoption law and procedure;

(5) group insurance for state employees under 3 V.S.A. =A7 631, = and=20 continuing care contracts under 8 V.S.A. =A7 8005;

(6) spouse abuse programs under 3 V.S.A. =A7 18;

(7) prohibitions against discrimination based upon marital = status;

(8) victim's compensation rights under 13 V.S.A. =A7 5351;

(9) workers' compensation benefits;

(10) laws relating to emergency and nonemergency medical care = and=20 treatment, hospital visitation and notification, including the = Patient's=20 Bill of Rights under 18 V.S.A. chapter 42 and the Nursing Home = Residents'=20 Bill of Rights under 33 V.S.A. chapter 73;

(11) terminal care documents under 18 V.S.A. chapter 111, and = durable=20 power of attorney for health care execution and revocation under = 14 V.S.A.=20 chapter 121;

(12) family leave benefits under 21 V.S.A. chapter 5, = subchapter=20 4A;

(13) public assistance benefits under state law;

(14) laws relating to taxes imposed by the state or a = municipality=20 other than estate taxes;

(15) laws relating to immunity from compelled testimony and the = marital=20 communication privilege;

(16) the homestead rights of a surviving spouse under 27 V.S.A. = =A7 105=20 and homestead property tax allowance under 32 V.S.A. =A7 6062;

(17) laws relating to loans to veterans under 8 V.S.A. =A7 = 1849;

(18) the definition of family farmer under 10 V.S.A. =A7 = 272;

(19) laws relating to the making, revoking and objecting to = anatomical=20 gifts by others under 18 V.S.A. =A7 5240;

(20) state pay for military service under 20 V.S.A. =A7 = 1544;

(21) application for absentee ballot under 17 V.S.A. =A7 = 2532;

(22) family landowner rights to fish and hunt under 10 V.S.A. = =A7=20 4253;

(23) legal requirements for assignment of wages under 8 V.S.A. = =A7 2235;=20 and

(24) affirmance of relationship under 15 V.S.A. =A7 7.

(f) The rights of parties to a civil union, with respect to a = child of=20 whom either becomes the natural parent during the term of the = civil union,=20 shall be the same as those of a married couple, with respect to a = child of=20 whom either spouse becomes the natural parent during the = marriage.

=A7 1205. MODIFICATION OF CIVIL UNION TERMS

Parties to a civil union may modify the terms, conditions, or = effects=20 of their civil union in the same manner and to the same extent as = married=20 persons who execute an antenuptial agreement or other agreement = recognized=20 and enforceable under the law, setting forth particular = understandings=20 with respect to their union.

=A7 1206. DISSOLUTION OF CIVIL UNIONS

The family court shall have jurisdiction over all proceedings = relating=20 to the dissolution of civil unions. The dissolution of civil = unions shall=20 follow the same procedures and be subject to the same substantive = rights=20 and obligations that are involved in the dissolution of marriage = in=20 accordance with chapter 11 of this title, including any residency=20 requirements.

=A7 1207. COMMISSIONER OF HEALTH; DUTIES

(a) The commissioner shall provide civil union license and = certificate=20 forms to all town and county clerks.

(b) The commissioner shall keep a record of all civil unions. =

Sec. 4. 4 V.S.A. =A7 454 is amended to read:

=A7 454. JURISDICTION

Notwithstanding any other provision of law to the contrary, the = family=20 court shall have exclusive jurisdiction to hear and dispose of the = following proceedings filed or pending on or after October 1, = 1990. The=20 family court shall also have exclusive jurisdiction to hear and = dispose of=20 any requests to modify or enforce any orders issued by the = district or=20 superior court relating to the following proceedings:

* * *

(17) All proceedings relating to the dissolution of a civil=20 union.

Sec. 5. 18 V.S.A. chapter 106 is added to read:

CHAPTER 106. CIVIL UNION; RECORDS AND = LICENSES

=A7 5160. ISSUANCE OF CIVIL UNION LICENSE; CERTIFICATION;

RETURN OF CIVIL UNION CERTIFICATE

(a) Upon application in a form prescribed by the department, a = town=20 clerk shall issue a civil union license in the form prescribed by = the=20 department, and shall enter thereon the names of the parties to = the=20 proposed civil union, fill out the form as far as practicable and = retain a=20 copy in the clerk's office. At least one party to the proposed = civil union=20 shall sign the application attesting to the accuracy of the facts = stated.=20 The license shall be issued by the clerk of the town where either = party=20 resides or, if neither is a resident of the state, by any town = clerk in=20 the state.

(b) A civil union license shall be delivered by one of the = parties to a=20 proposed civil union, within 60 days from the date of issue, to a = person=20 authorized to certify civil unions by section 5164 of this title. = If the=20 proposed civil union is not certified within 60 days from the date = of=20 issue, the license shall become void. After a person has certified = the=20 civil union, he or she shall fill out that part of the form on the = license=20 provided for such use, sign and certify the civil union. = Thereafter, the=20 document shall be known as a civil union certificate.

(c) Within ten days of the certification, the person performing = the=20 certification shall return the civil union certificate to the = office of=20 the town clerk from which the license was issued. The town clerk = shall=20 retain and file the original according to sections 5007 and 5008 = of this=20 title.

(d) A town clerk who knowingly issues a civil union license = upon=20 application of a person residing in another town in the state, or = a county=20 clerk who knowingly issues a civil union license upon application = of a=20 person other than as provided in section 5005 of this title, or a = clerk=20 who issues such a license without first requiring the applicant to = fill=20 out, sign and make oath to the declaration contained therein as = provided=20 in section 5160 of this title, shall be fined not more than $50.00 = nor=20 less than $20.00.

(e) A person making application to a clerk for a civil union = license=20 who makes a material misrepresentation in the declaration of = intention=20 shall be deemed guilty of perjury.

(f) A town clerk shall provide a person who applies for a civil = union=20 license with information prepared by the secretary of state that = advises=20 such person of the benefits, protections and responsibilities of a = civil=20 union and that Vermont residency may be required for dissolution = of a=20 civil union in Vermont.

=A7 5161. ISSUANCE OF LICENSE

(a) A town clerk shall issue a civil union license to all = applicants=20 who have complied with the provisions of section 5160 of this = title, and=20 who are otherwise qualified under the laws of the state to apply = for a=20 civil union license.

(b) An assistant town clerk may perform the duties of a town = clerk=20 under this chapter.

=A7 5162. PROOF OF LEGAL QUALIFICATIONS OF PARTIES TO A CIVIL =

UNION; PENALTY

(a) Before issuing a civil union license to an applicant, the = town=20 clerk shall be confident, through presentation of affidavits or = other=20 proof, that each party to the intended civil union meets the = criteria set=20 forth to enter into a civil union.

(b) Affidavits shall be in a form prescribed by the board, and = shall be=20 attached to and filed with the civil union certificate in the = office of=20 the clerk of the town wherein the license was issued.

(c) A clerk who fails to comply with the provisions of this = section, or=20 who issues a civil union license with knowledge that either or = both of the=20 parties to a civil union have failed to comply with the = requirements of=20 the laws of this state, or a person who, having authority and = having such=20 knowledge, certifies such a civil union, shall be fined not more = than=20 $100.00.

=A7 5163. RESTRICTIONS AS TO MINORS AND INCOMPETENT

PERSONS

(a) A clerk shall not issue a civil union license when either = party to=20 the intended civil union is:

(1) under 18 years of age;

(2) non compos mentis;

(3) under guardianship, without the written consent of such=20 guardian.

(b) A clerk who knowingly violates subsection (a) of this = section shall=20 be fined not more than $20.00. A person who aids in procuring a = civil=20 union license by falsely pretending to be the guardian having = authority to=20 give consent to the civil union shall be fined not more than = $500.00.

=A7 5164. PERSONS AUTHORIZED TO CERTIFY CIVIL UNIONS

Civil unions may be certified by a supreme court justice, a = superior=20 court judge, a district judge, a judge of probate, an assistant = judge, a=20 justice of the peace or by a member of the clergy residing in this = state=20 and ordained or licensed, or otherwise regularly authorized by the = published laws or discipline of the general conference, convention = or=20 other authority of his or her faith or denomination or by such a = clergy=20 person residing in an adjoining state or country, whose parish, = church,=20 temple, mosque or other religious organization lies wholly or in = part in=20 this state, or by a member of the clergy residing in some other = state of=20 the United States or in the Dominion of Canada, provided he or she = has=20 first secured from the probate court of the district within which = the=20 civil union is to be certified, a special authorization, = authorizing him=20 or her to certify the civil union if such probate judge determines = that=20 the circumstances make the special authorization desirable. Civil = unions=20 among the Friends or Quakers, the Christadelphian Ecclesia and the = Baha'i=20 Faith may be certified in the manner used in such societies.

=A7 5165. CIVIL UNION LICENSE REQUIRED FOR CERTIFICATION;

FAILURE TO RETURN

(a) Persons authorized by section 5164 of this title to certify = civil=20 unions shall require a civil union license of the parties before=20 certifying the civil union. The license shall afford full immunity = to the=20 person who certifies the civil union.

(b) A person who certifies a civil union shall be fined not = less than=20 $10.00, if such person:

(1) certifies a civil union without first obtaining the = license; or

(2) fails to properly fill out the license and, within ten days = from=20 the date of the certification, return the license and certificate = of civil=20 union to the clerk's office from which it was issued.

=A7 5166. CERTIFICATION BY UNAUTHORIZED PERSON; PENALTY;

VALIDITY OF CIVIL UNIONS

(a) An unauthorized person who knowingly undertakes to join = others in a=20 civil union shall be imprisoned not more than six months or fined = not more=20 than $300.00 nor less than $100.00, or both.

(b) A civil union certified before a person falsely professing = to be a=20 justice or a member of the clergy shall be valid, provided that = the civil=20 union is in other respects lawful, and that either of the parties = to a=20 civil union believed that he or she was lawfully joined in a civil = union.

=A7 5167. EVIDENCE OF CIVIL UNION

A copy of the record of the civil union received from the town = or=20 county clerk, the commissioner of health or the director of public = records=20 shall be presumptive evidence of the civil union in all = courts.

=A7 5168. CORRECTION OF CIVIL UNION CERTIFICATE

(a) Within six months after a civil union is certified, the = town clerk=20 may correct or complete a civil union certificate, upon = application by a=20 party to a civil union or by the person who certified the civil = union. The=20 town clerk shall certify that such correction or completion was = made=20 pursuant to this section and note the date. The town clerk may = refuse an=20 application for correction or completion; in which case, the = applicant may=20 petition the probate court for such correction or completion.

(b) After six months from the date a civil union is certified, = a civil=20 union certificate may only be corrected or amended pursuant to = decree of=20 the probate court in the district where the original certificate = is=20 filed.

(c) The probate court shall set a time for a hearing and, if = the court=20 deems necessary, give notice of the time and place by posting such = information in the probate court office. After a hearing, the = court shall=20 make findings with respect to the correction of the civil union=20 certificate as are supported by the evidence. The court shall = issue a=20 decree setting forth the facts as found, and transmit a certified = copy of=20 the decree to the supervisor of vital records registration. The = supervisor=20 of vital records registration shall transmit the same to the = appropriate=20 town clerk to amend the original or issue a new certificate. The = words=20 "Court Amended" shall be typed, written or stamped at the top of = the new=20 or amended certificate with the date of the decree and the name of = the=20 issuing court.

=A7 5169. DELAYED CERTIFICATES OF CIVIL UNION

(a) Persons who were parties to a certified civil union = ceremony in=20 this state for whom no certificate of civil union was filed, as = required=20 by law, may petition the probate court of the district in which = the civil=20 union license was obtained to determine the facts, and to order = the=20 issuance of a delayed certificate of civil union.

(b) The probate court shall set a time for hearing on the = petition and,=20 if the court deems necessary, give notice of the time and place by = posting=20 such information in the probate court office. After hearing proper = and=20 relevant evidence as may be presented, the court shall make = findings with=20 respect to the civil union as are supported by the evidence.

(c) The court shall issue a decree setting forth the facts as = found,=20 and transmit a certified copy of said facts to the supervisor of = vital=20 records registration.

(d) Where a delayed certificate is to be issued, the supervisor = of=20 vital records registration shall prepare a delayed certificate of = civil=20 union, and transmit it, with the decree, to the clerk of the town = where=20 the civil union license was issued. This delayed certificate shall = have=20 the word "Delayed" printed at the top, and shall certify that the=20 certificate was ordered by a court pursuant to this chapter, with = the date=20 of the decree. The town clerk shall file the delayed certificate = and, in=20 accordance with the provisions of section 5010 of this title, = furnish a=20 copy to the department of health.

(e) Town clerks receiving new certificates in accordance with = this=20 section shall file and index them in the most recent book of civil = unions,=20 and also index them with civil unions occurring at the same time. =

Sec. 6. 18 V.S.A. =A7 5001 is amended to read:

=A7 5001. VITAL RECORDS; FORMS OF CERTIFICATES

Certificates of birth, marriage, civil union, divorce, = death and=20 fetal death shall be in form prescribed by the commissioner of = health and=20 distributed by the health department.

Sec. 7. 18 V.S.A. =A7 5002 is amended to read:

=A7 5002. RETURNS; TABLES

The health commissioner shall prepare from the returns of = births,=20 marriages, civil unions, deaths, fetal deaths and divorces = required=20 by law to be transmitted to *[him]* the=20 commissioner such tables and append thereto such = recommendations as he=20 or she deems proper, and during the month of July in = each=20 even year, shall cause the same to be published as directed = by the=20 board. *[He]* The commissioner shall file = and=20 preserve all such returns. The commissioner shall periodically = transmit=20 the original returns or photostatic or photographic copies to the = director=20 of public records who shall keep the returns, or photostatic or=20 photographic copies of the returns, on file for use by the public. = The=20 commissioner and the director of public records shall each, = independently=20 of the other, have power to issue certified copies of such = records.

Sec. 8. 18 V.S.A. =A7 5004 is amended to read:

=A7 5004. *[COUNTY]* FAMILY COURT = CLERKS; DIVORCE=20 RETURNS

The *[county]* family court clerk shall = send to=20 the commissioner, before the tenth day of each month, a report of = the=20 number of divorces which became absolute during the preceding = month,=20 showing as to each the names of the parties, date of marriage = or civil=20 union, number of children, grounds for divorce and such other=20 statistical information available from the = *[county]*=20 family court clerk's file as may be required by the = commissioner.=20

Sec. 9. 18 V.S.A. =A7 5005 is amended to read:

=A7 5005. UNORGANIZED TOWNS AND GORES

(a) The county clerk of a county wherein is situated an = unorganized=20 town or gore shall perform the same duties and be subject to the = same=20 penalties as town clerks in respect to licenses, certificates, = records and=20 returns of parties, both of whom reside in an unorganized town or = gore in=20 such county or where *[the groom]* one party = to a=20 marriage or a civil union so resides and the=20 *[bride]* other party resides in an = unorganized=20 town or gore in another county or without the state *[or = where the=20 bride resides in an unorganized town or gore in such county and = the groom=20 resides without the state]*. The cost of binding such=20 certificates shall be paid by the state.

* * *

Sec. 10. 18 V.S.A. =A7 5006 is amended to read:

=A7 5006. VITAL RECORDS PUBLISHED IN TOWN REPORTS

Town clerks annually may compile and the auditors may publish = in the=20 annual town report a transcript of the record of births, = marriages,=20 civil unions and deaths recorded during the preceding calendar = year.=20

Sec. 11. 18 V.S.A. =A7 5007 is amended to read:

=A7 5007. PRESERVATION OF DATA

A town clerk shall receive, number and file for record = certificates of=20 births, marriages, civil unions and deaths, and shall = preserve such=20 certificates together with the burial-transit and removal permits = returned=20 to *[him]* the clerk, in a fireproof vault = or=20 safe, as provided by section 1178 of Title 24.

Sec. 12. 18 V.S.A. =A7 5008 is amended to read:

=A7 5008. TOWN CLERK; RECORDING AND INDEXING PROCEDURES

A town clerk shall file for record and index in volumes all=20 certificates and permits received in a manner prescribed by the = public=20 records director. Each volume or series shall contain an = alphabetical=20 index. Marriage certificates shall be filed for record in one = volume or=20 series, civil unions in another, birth certificates in = another, and=20 death certificates and burial-transit and removal permits in = another.=20 However, in a town having less than *[five = hundred]*=20 500 inhabitants, the town clerk may cause marriage, = civil=20 union, birth and death certificates, and burial-transit and = removal=20 permits to be filed for record in one volume, provided that none = of such=20 volumes shall contain more than *[two hundred and = fifty]*=20 250 certificates and permits. All volumes shall be = maintained in=20 the town clerk's office as permanent records.

Sec. 13. 18 V.S.A. =A7 5009 is amended to read:

=A7 5009. NONRESIDENTS; CERTIFIED COPIES

On the first day of each month, *[he]* the = town=20 clerk shall make a certified copy of each original or = corrected=20 certificate of birth, marriage, civil union and death filed = in=20 *[his]* the clerk's office during the = preceding=20 month, whenever the parents of a child born were, or a = *[bride or=20 a groom]* party to a marriage or a civil union or = a=20 deceased person was, a resident in any other Vermont town at the = time of=20 such birth, marriage, civil union or death, and shall = transmit such=20 certified copy to the clerk of such other Vermont town, who shall = file the=20 same.

Sec. 14. 18 V.S.A. =A7 5010 is amended to read:

=A7 5010. REPORT OF STATISTICS

The clerk in each town of over 5,000 population or in a town = where a=20 general hospital as defined in section 1902(a)(1) of this title, = is=20 located, shall each week transmit to the supervisor of vital = records=20 registration copies, duly certified, of each birth, death=20 *[and]*, marriage and civil union=20 certificate filed in the town in the preceding week. In all other = towns,=20 the clerk shall transmit such copies of birth, death=20 *[and]*, marriage and civil union=20 certificates received during the preceding month on or before the = tenth=20 day of each succeeding month.

Sec. 15. 18 V.S.A. =A7 5011 is amended to read:

=A7 5011. PENALTY

A town clerk who fails to transmit such copies of birth, = marriage,=20 civil union and death certificates as provided in section 5010 = of this=20 title shall be fined not more than $100.00.

Sec. 16. 18 V.S.A. =A7 5012 is amended to read:

=A7 5012. TOWN CLERK TO PROVIDE GENERAL INDEX; MARRIAGES =

AND CIVIL UNIONS

Except as provided by section 1153 of Title 24, town and county = clerks=20 shall prepare and keep a general index to the marriage and = civil=20 union records, in alphabetical order and in the following=20 *[form]* forms, respectively:

Book
1

Page
1

Groom to Bride
A. to B.

Date

Book
1

Page
1

Bride to Groom
B. to A.

Date

Book
1

Page
1

Party to Party
A. to B.

Date

Book
1

Page
1

Party to Party
B. to A.

Date

Sec. 17. 8 V.S.A. =A7 4724(7)(E) is added to read:

(E) Making or permitting unfair discrimination between married = couples=20 and parties to a civil union as defined under 15 V.S.A. =A7 1201, = with=20 regard to the offering of insurance benefits to a couple, a = spouse, a=20 party to a civil union, or their family. The commissioner shall = adopt=20 rules necessary to carry out the purposes of this subdivision. The = rules=20 shall ensure that insurance contracts and policies offered to = married=20 couples, spouses, and families are also made available to parties = to a=20 civil union and their families. The commissioner may adopt by = order=20 standards and a process to bring the forms currently on file and = approved=20 by the department into compliance with Vermont law. The standards = and=20 process may differ from the provisions contained in chapter 101,=20 subchapter 6 and sections 4062, 4201, 4515a, 4587, 4685, 4687, = 4688, 4985,=20 5104 and 8005 of this title where, in the commissioner's opinion, = the=20 provisions regarding filing and approval of forms are not = desirable or=20 necessary to effectuate the purposes of this section.

Sec. 18. 8 V.S.A. =A7 4063a is added to read:

=A7 4063a. COVERAGE FOR CIVIL UNIONS

(a) As used in this section:

(1) "Dependent coverage" means family coverage or coverage for = one or=20 more persons.

(2) "Party to a civil union" is defined for purposes of this = section as=20 under 15 V.S.A. =A7 1201.

(3) "Insurer" shall mean a health insurer as defined in 18 = V.S.A. =A7=20 9402(7).

(b) Notwithstanding any law to the contrary, insurers shall = provide=20 dependent coverage to parties to a civil union that is equivalent = to that=20 provided to married insureds. An individual or group health = insurance=20 policy which provides coverage for a spouse or family member of = the=20 insured shall also provide the equivalent coverage for a party to = a civil=20 union.

Sec. 19. 32 V.S.A. =A7 1712 is amended to read:

=A7 1712. TOWN CLERKS

Town clerks shall receive the following fees in the matter of = vital=20 registration:

(1) For issuing and recording a marriage or civil union = license,=20 $20.00 to be paid by the applicant, $5.00 of which sum shall be = retained=20 by the town clerk as a fee and $15.00 of which sum shall be paid = by the=20 town clerk to the state treasurer in a return filed quarterly upon = forms=20 furnished by the state treasurer and specifying all fees received = by him=20 or her during the quarter. Such quarterly period shall be as of = the first=20 day of January, April, July and October.

(2) $1.00 for other copies made under the provisions of section = 5009 of=20 Title 18 to be paid by the town;

(3) $2.00 for each birth certificate completed or corrected = under the=20 provisions of sections 449 and 816 of Title 15 and sections 5073,=20 5075-5078 of Title 18, for the correction of each marriage = certificate=20 under the provisions of section 816 of Title 15, and section 5150 = of Title=20 18, for the correction or completion of each civil union = certificate=20 under the provisions of section 5168 of Title 18, and for each = death=20 certificate corrected under the provisions of section 5202a of = Title 18,=20 to be paid by the town;

(4) $1.00 for each certificate of facts relating to births, = deaths,=20 civil unions and marriages, transmitted to the commissioner = of=20 health in accordance with the provisions of section 5010 of Title = 18. Such=20 sum, together with the cost of binding the certificate shall be = paid by=20 the town;

(5) $7.00 for each certified copy of birth, death, civil = union=20 or marriage certificate.

Sec. 20. 32 V.S.A. =A7 3001 is amended to read:

=A7 3001. *[PERSON CONSTRUED]* = DEFINITIONS

(a) *[The word "person"]* "Person" = as used=20 in Parts 2, 4 and 5 of this subtitle shall include a partnership,=20 association, corporation or limited liability company.

(b) "Party to a civil union" is defined for purposes of Title = 32 as=20 under subdivision 1201(4) of Title 15.

(c) "Laws of the United States", "federal tax laws" and other=20 references to United States tax law (other than federal estate and = gift=20 tax law) shall mean United States tax law applied as if federal = law=20 recognized a civil union in the same manner as Vermont = law.

Sec. 21. 32 V.S.A. =A7 5812 is added to read:

=A7 5812. INCOME TAXATION OF PARTIES TO A CIVIL UNION

This chapter shall apply to parties to a civil union and = surviving=20 parties to a civil union as if federal income tax law recognized a = civil=20 union in the same manner as Vermont law.

Sec. 22. 32 V.S.A. =A7 7401(a) is amended to read:

(a) This chapter is intended to conform the Vermont=20 *[inheritance]* estate tax laws with the = estate=20 and gift tax provisions of the United States Internal Revenue = Code, except=20 as otherwise expressly provided, in order to simplify the = taxpayer's=20 filing of returns, reduce the taxpayer's accounting burdens, and=20 facilitate the collection and administration of these taxes. = Because=20 federal estate and gift tax law does not recognize a civil union = in the=20 same manner as Vermont law, and because a reduction in the Vermont = estate=20 tax liability for parties to a civil union based upon the federal = marital=20 deduction would not reduce the total estate tax liability, estates = of=20 parties to a civil union shall be subject to tax based on their = actual=20 federal estate tax liability and the federal credit for state = death taxes,=20 as provided under this chapter.

Sec. 23. 32 V.S.A. =A7 3802(11) is amended to read:

(11)(A) Real and personal property to the extent of = $10,000.00=20 of appraisal value, except any part used for business or rental, = occupied=20 as the established residence of and owned in fee simple by a = veteran of=20 any war or a veteran who has received an American Expeditionary = Medal, his=20 or her spouse, widow, widower or child, or jointly by any = combination of=20 them, if one or more of them are receiving disability compensation = for at=20 least *[fifty]* 50 percent disability, = death=20 compensation, dependence and indemnity compensation, or pension = for=20 disability paid through any military department or the veterans=20 administration if, before May 1 of each year, there is filed with = the=20 listers:

*[(A)]*(i) a written application = therefor; and=20 *[(B)]*(ii) a written statement from the = military=20 department or the veterans administration showing that the = compensation or=20 pension is being paid. Only one exemption may be allowed on a = property.=20

(B) The terms used in this subdivision shall have the same=20 definitions as in Title 38, U.S. Code =A7 101, except that:

(i) the definitions shall apply as if federal law recognized a = civil=20 union in the same manner as Vermont law;

(ii) such definitions shall not be construed to deny = eligibility=20 for exemption in the case where such exemption is based on = retirement for=20 disability and retirement pay is received from a federal agency = other than=20 the veterans administration*[,]* ; = and

(iii) the age and marital status limits in section = 101(4)(A) shall=20 not apply.

An unremarried widow or widower of a previously qualified = veteran shall=20 be entitled to the exemption provided in this subdivision whether = or not=20 he or she is receiving government compensation or pension. By = majority=20 vote of those present and voting at an annual or special meeting = warned=20 for the purpose, a town may increase the veterans' exemption under = this=20 subsection to up to $20,000.00 of appraisal value. Any increase in = exemption shall take effect for the taxable year in which it was = voted,=20 and shall remain in effect for future taxable years until amended = or=20 repealed by a similar vote.

Sec. 24. 15 V.S.A. =A7 4 is amended to read:

=A7 4. MARRIAGE CONTRACTED WHILE ONE IN FORCE

Marriages contracted while either party has *[another = wife or=20 husband]* a living spouse or a living party to = a civil=20 union shall be void.

Sec. 25. 15 V.S.A. =A7 8 is added to read:

=A7 8. MARRIAGE DEFINITION

Marriage is the legally recognized union of one man and one=20 woman.

Sec. 26. 18 V.S.A. =A7 5131 is amended to read:

=A7 5131. ISSUANCE OF MARRIAGE LICENSE; SOLEMNIZATION;

RETURN OF MARRIAGE CERTIFICATE

(a) Upon application in a form prescribed by the department, a = town=20 clerk shall issue to a person a marriage license in the form = prescribed by=20 the department and shall enter thereon the names of the parties to = the=20 proposed marriage, fill out the form as far as practicable and = retain in=20 *[his]* the clerk's office a copy thereof. = At=20 least one party to the proposed marriage shall sign the certifying = application to the accuracy of the facts so stated. The license = shall be=20 issued by the clerk of the town where either the bride or groom = resides=20 or, if neither is a resident of the state, by = *[a]*=20 any town clerk in the *[county where the marriage = is to be=20 solemnized]* state.

* * *

Sec. 27. 18 V.S.A. =A7 5137 is amended to read:

=A7 5137. ISSUANCE OF LICENSE

(a) A town clerk shall issue a marriage license to all = applicants=20 who have complied with the provisions of section 5131 of this = title and=20 who are otherwise qualified under the laws of the state to apply = for a=20 license to marry and to contract for such marriage.

(b) An assistant town clerk may perform the duties of a town = clerk=20 under this chapter.

Sec. 28. 18 V.S.A. =A7 5144 is amended to read:

=A7 5144. PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE

Marriages may be solemnized by a supreme court justice, a = superior=20 court judge, a district judge, a judge of probate, an assistant = judge or a=20 justice of the peace or by a *[minister of the = gospel]*=20 member of the clergy residing in this state and ordained or = licensed, or otherwise regularly authorized thereunto by the = published=20 laws or discipline of the general conference=20 *[or]*, convention or other = authority of=20 his or her faith or denomination or by such a=20 *[minister]* clergy person residing in an=20 adjoining state or country, whose parish, church, temple, = mosque or=20 other religious organization lies wholly or in part in this = state, or=20 by a *[minister of the gospel]* member of the=20 clergy residing in some other state of the United States or in = the=20 Dominion of Canada *[who is ordained or licensed, or = otherwise=20 regularly authorized thereunto by the published laws or discipline = of the=20 general conference or convention of his denomination]*, = provided=20 he or she has first secured from the probate court of the = district=20 within which *[said]* the marriage is to = be=20 solemnized a special authorization *[to said=20 nonresident]* *[minister]*, = authorizing=20 him or her to certify *[said]* the = marriage=20 if *[it appear to said]* such probate = judge=20 determines that the circumstances *[seem=20 to]* make *[such]* the special=20 authorization desirable. Marriage among the Friends or Quakers, = the=20 Christadelphian Ecclesia and the Baha'i Faith may be solemnized in = the=20 manner heretofore used in such societies.

Sec. 29. 15 V.S.A. chapter 25 is added to read:

CHAPTER 25. RECIPROCAL BENEFICIARIES

=A7 1301. PURPOSE

(a) The purpose of this chapter is to provide two persons who = are=20 blood-relatives or related by adoption the opportunity to = establish a=20 consensual reciprocal beneficiaries relationship so they may = receive the=20 benefits and protections and be subject to the responsibilities = that are=20 granted to spouses in the following specific areas:

(1) Hospital visitation and medical decision-making under 18 = V.S.A. =A7=20 1853;

(2) Decision-making relating to anatomical gifts under 18 = V.S.A. =A7=20 5240;

(3) Decision-making relating to disposition of remains under 18 = V.S.A.=20 =A7 5220;

(4) Durable power of attorney for health care under 14 V.S.A. = =A7 3456=20 and terminal care documents under 18 V.S.A. =A7 5254;

(5) Patient's bill of rights under 18 V.S.A. chapter 42;

(6) Nursing home patient's bill of rights under 33 V.S.A. = chapter=20 73;

(7) Abuse prevention under 15 V.S.A. chapter 21.

(b) This chapter shall not be construed to create any spousal = benefits,=20 protections or responsibilities for reciprocal beneficiaries not=20 specifically enumerated herein.

=A7 1302. DEFINITIONS

As used in this chapter:

(1) "Commissioner" means the commissioner of health.

(2) "Reciprocal beneficiary" means a person who has established = a=20 reciprocal beneficiaries relationship pursuant to this = chapter.

(3) A "reciprocal beneficiaries relationship" means that two = eligible=20 persons have established such a relationship under this chapter, = and may=20 receive the benefits and protections and be subject to the=20 responsibilities that are granted to spouses in specifically = enumerated=20 areas of law.

=A7 1303. REQUISITES OF A VALID RECIPROCAL BENEFICIARIES

RELATIONSHIP

For a reciprocal beneficiaries relationship to be established = in=20 Vermont, it shall be necessary that the parties satisfy all of the = following criteria:

(1) Be at least 18 years of age and competent to enter into a=20 contract.

(2) Not be a party to another reciprocal beneficiaries = relationship, a=20 civil union or a marriage.

(3) Be related by blood or by adoption and prohibited from = establishing=20 a civil union or marriage with the other party to the proposed = reciprocal=20 beneficiaries relationship.

(4) Consent to the reciprocal beneficiaries relationship = without force,=20 fraud or duress.

=A7 1304. ESTABLISHING A RECIPROCAL BENEFICIARIES

RELATIONSHIP

Two persons who meet the criteria set forth in section 1303 of = this=20 title may establish a reciprocal beneficiaries relationship by = presenting=20 a signed, notarized declaration of a reciprocal beneficiaries = relationship=20 to the commissioner and paying a filing fee of $10.00. The = commissioner=20 shall file the declaration and give the parties a certificate of=20 reciprocal beneficiaries relationship showing that the declaration = was=20 filed in the names of the parties.

=A7 1305. DISSOLUTION OF A RECIPROCAL BENEFICIARIES

RELATIONSHIP

(a) Either party to a reciprocal beneficiaries relationship may = terminate the relationship by filing a signed notarized = declaration with=20 the commissioner.

(b) Within 60 days of the filing of the declaration and payment = of a=20 filing fee of $10.00 by a party to a reciprocal beneficiaries=20 relationship, the commissioner shall file the declaration and = issue a=20 certificate of termination of a reciprocal beneficiaries = relationship to=20 each party of the former relationship.

(c) If a party to a reciprocal beneficiaries relationship = enters into a=20 valid civil union or a marriage, the reciprocal beneficiaries = relationship=20 shall terminate and the parties shall no longer be entitled to the = benefits, protections and responsibilities of the reciprocal = beneficiaries=20 relationship.

=A7 1306. COMMISSIONER OF HEALTH; DUTIES

(a) The commissioner shall provide forms for a declaration of a = reciprocal beneficiaries relationship and a declaration of = termination of=20 a reciprocal beneficiaries relationship.

(b) The commissioner shall keep a record of all declarations of = a=20 reciprocal beneficiaries relationship and declarations of = termination of a=20 reciprocal beneficiaries relationship.

(c) The commissioner shall prepare an informative circular or = pamphlet=20 that explains how a reciprocal beneficiaries relationship may be=20 established and terminated, and the benefits, protections and=20 responsibilities that are associated with the reciprocal = beneficiaries=20 relationship.

Sec. 30. 18 V.S.A. =A7 1853 is added to read:

=A7 1853. HOSPITAL VISITATION POLICY; RECIPROCAL = BENEFICIARY

A patient's reciprocal beneficiary, as defined in section 1302 = of Title=20 15, shall have the same rights as a spouse with respect to = visitation and=20 making health care decisions for the patient.

Sec. 31. 18 V.S.A. =A7 5240 is amended to read:

=A7 5240. MAKING, REVOKING AND OBJECTING TO ANATOMICAL

GIFTS, BY OTHERS

(a) Any member of the following classes of individuals, in the = order of=20 priority listed, may make an anatomical gift of all or a part of = the=20 decedent's body for an authorized purpose, unless the decedent has = made an=20 unrevoked refusal to make that anatomical gift:

(1) The spouse of the decedent.

(2) The reciprocal beneficiary of the decedent.

*[(2)]*(3) An adult son or daughter of = the=20 decedent. *[(3)]*(4) Either parent of the=20 decedent. *[(4)]*(5) An adult brother or = sister of=20 the decedent. *[(5)]*(6) A grandparent of = the=20 decedent. *[(6)]*(7) An individual = possessing a=20 durable power of attorney. *[(7)]*(8) A = guardian=20 of the person of the decedent at the time of death.=20 *[(8)]*(9) Any other individual authorized = or=20 under obligation to dispose of the body.

* * *

Sec. 32. 18 V.S.A. =A7 5220 is added to read:

=A7 5220. DECISION-MAKING REGARDING REMAINS; RECIPROCAL

BENEFICIARY

A decedent's reciprocal beneficiary, as defined in section 1302 = of=20 Title 15, shall have the same rights as a spouse with respect to = matters=20 related to this chapter.

Sec. 33. 14 V.S.A. =A7 3456 is amended to read:

=A7 3456. EXECUTION AND WITNESSES

The durable power of attorney for health care shall be signed = by the=20 principal in the presence of at least two or more subscribing = witnesses,=20 neither of whom shall, at the time of execution, be the agent, the = principal's health or residential care provider or the provider's=20 employee, the principal's spouse, heir, or reciprocal = beneficiary,=20 a person entitled to any part of the estate of the principal upon = the=20 death of the principal under a will or deed in existence or by = operation=20 of law or any other person who has, at the time of execution, any = claims=20 against the estate of the principal. The witnesses shall affirm = that the=20 principal appeared to be of sound mind and free from duress at the = time=20 the durable power of attorney for health care was signed and that = the=20 principal affirmed that he or she was aware of the nature of the = documents=20 and signed it freely and voluntarily. If the principal is = physically=20 unable to sign, the durable power of attorney for health care may = be=20 signed by the principal's name written by some other person in the = principal's presence and at the principal's express direction. =

Sec. 34. 18 V.S.A. =A7 5254 is amended to read:

=A7 5254. EXECUTION AND WITNESSES

The document set forth in section 5253 of this title shall be = executed=20 by the person making the same in the presence of two or more = subscribing=20 witnesses, none of whom shall be the person's spouse, heir, = reciprocal=20 beneficiary, attending physician or person acting under the = direction=20 or control of the attending physician or any other person who has = at the=20 time of the witnessing thereof any claims against the estate of = the=20 person.

Sec. 35. 18 V.S.A. =A7 1852 is amended to read:

=A7 1852. PATIENTS' BILL OF RIGHTS; ADOPTION

(a) The general assembly hereby adopts the "Bill of Rights for = Hospital=20 Patients" as follows:

* * *

(3) The patient has the right to obtain, from the physician=20 coordinating his or her care, complete and current information = concerning=20 diagnosis, treatment, and any known prognosis in terms the patient = can=20 reasonably be expected to understand. If the patient consents or = if the=20 patient is incompetent or unable to understand, immediate family=20 members, a reciprocal beneficiary or a guardian may also = obtain=20 this information. When it is not medically advisable to give such=20 information to the patient, the information shall be made = available to=20 immediate family members, a reciprocal beneficiary or a = guardian.=20 The patient has the right to know by name the attending physician=20 primarily responsible for coordinating his or her care.

* * *

(14) Whenever possible, guardians or parents have the right to = stay=20 with their children 24 hours per day. Whenever possible, = guardians,=20 reciprocal beneficiaries or immediate family members have the = right to=20 stay with terminally ill patients 24 hours a day.

* * *

Sec. 36. 33 V.S.A. =A7 7301 is amended to read:

=A7 7301. NURSING HOME RESIDENTS' BILL OF RIGHTS

The general assembly hereby adopts the Nursing Home Residents' = Bill of=20 Rights as follows:

The governing body of the facility shall establish written = policies=20 regarding the rights and responsibilities of residents and, = through the=20 administrator, is responsible for development of, and adherence = to,=20 procedures implementing such policies. These policies and = procedures shall=20 be made available to residents, to any guardians, next of kin,=20 reciprocal beneficiaries, sponsoring agency, or = representative=20 payees selected pursuant to section 205(j) of the Social Security = Act, and=20 Subpart Q of 20 CFR Part 404, and to the public. The staff of the = facility=20 shall ensure that, at least, each person admitted to the = facility:

* * *

(14) if married or in a reciprocal beneficiaries = relationship,=20 is assured privacy for visits by his or her spouse or = reciprocal=20 beneficiary; if both are residents of the facility, they are = permitted=20 to share a room;

* * *

(20) residents and their families, including a reciprocal=20 beneficiary, shall have the right to organize, maintain, and=20 participate in either resident or family councils or both. The = facility=20 shall provide space and, if requested, assistance for meetings. = Council=20 meetings shall be afforded privacy, with staff or visitors = attending only=20 at the council's invitation. The facility shall respond in writing = to=20 written requests from council meetings. Resident councils and = family=20 councils shall be encouraged to make recommendations regarding = facility=20 policies;

(21) residents and their families, including a reciprocal=20 beneficiary, shall have the right to review current and past = state and=20 federal survey and inspection reports of the facility, and upon = request,=20 to receive from the facility a copy of any report. Copies of = reports shall=20 be available for review at any time at one station in the = facility. The=20 facility may charge a reasonable amount for more than one copy per = resident.

Sec. 37. 33 V.S.A. =A7 7306 is amended to read:

=A7 7306. RESIDENT'S REPRESENTATIVE

(a) The rights and obligations established under this chapter = shall=20 devolve to a resident's reciprocal beneficiary, guardian, = next of=20 kin, sponsoring agency or representative payee (except when the = facility=20 itself is a representative payee) if the resident:

(1) has been adjudicated incompetent;

(2) has been found by his or her physician to be medically = incapable of=20 understanding or exercising the rights granted under this chapter; = or

(3) exhibits a communication barrier.

* * *

Sec. 38. 15 V.S.A. =A7 1101(6) is added to read:

(6) "Family" shall include a reciprocal beneficiary.

Sec. 39. CONSTRUCTION

(a) This act shall be construed broadly in order to secure to = eligible=20 same-sex couples the option of a legal status with the benefits = and=20 protections of civil marriage, in accordance with the requirements = of the=20 Common Benefits Clause of the Vermont Constitution. Parties to a = civil=20 union shall have all of the same benefits, protections and=20 responsibilities under state law, whether derived from statute,=20 administrative or court rule, policy, common law or any other = source of=20 civil law, as are granted to spouses in a marriage. Treating the = benefits,=20 protections and responsibilities of civil marriage differently = from the=20 benefits, protections and responsibilities of civil unions is = permissible=20 only when clearly necessary because the gender-based text of a = statute,=20 rule or judicial precedent would otherwise produce an unjust, = unwarranted,=20 or confusing result, and different treatment would promote or = enhance, and=20 would not diminish, the common benefits and protections that flow = from=20 marriage under Vermont law.

(b) This act is intended to extend to parties to a civil union = the=20 benefits, protections and responsibilities that flow from marriage = under=20 Vermont law. Many of the laws of this state are intertwined with = federal=20 law, and the general assembly recognizes that it does not have the = jurisdiction to control federal laws or the benefits, protections = and=20 responsibilities related to them.

(c) This act shall not be construed in a manner which violates = the free=20 exercise of religion of any person, religious or denominational=20 institution or organization, or any organization operated for = charitable=20 or educational purposes which is operated, supervised, or = controlled by or=20 in connection with a religious organization, as guaranteed by the = First=20 Amendment to the Constitution of the United States or by Chapter = I,=20 Article 3rd, of the Constitution of the State of Vermont.

Sec. 40. VERMONT CIVIL UNION REVIEW COMMISSION

(a) The Vermont Civil Union Review Commission is established = for a term=20 of two years, commencing on the effective date of this act. The = commission=20 shall be comprised of 11 members, consisting of two members of the = House=20 designated by the Speaker of the House, who shall be of different=20 political party affiliations; two members of the Senate designated = by the=20 Senate Committee on Committees, who shall be of different = political party=20 affiliations; four members appointed by the Governor representing = the=20 public, one of whom shall be an attorney familiar with Vermont = family law;=20 one member appointed by the Chief Justice of the Vermont Supreme = Court;=20 the chair of the Human Rights Commission or his or her designee; = and the=20 Attorney General or his or her designee.

(b) The commission members shall be appointed for a full term = of two=20 years; members who were members of the House of Representatives or = the=20 Senate at the time of their appointment shall continue as members = of the=20 commission, notwithstanding a change in their status as elected = officials.=20 A member who resigns, dies or takes up residency in another state = or=20 country shall be replaced in the same manner as the member was = first=20 selected.

(c) Upon passage of this act, the commission shall prepare and=20 implement a plan to inform members of the public, state agencies, = and=20 private and public sector businesses and organizations about the = act.

(d) The commission shall:

(1) collect information about the implementation, operation, = and effect=20 of this act, from members of the public, state agencies, and = private and=20 public sector businesses and organizations;

(2) collect information about the recognition and treatment of = Vermont=20 civil unions by other states and jurisdictions, including = procedures for=20 dissolution;

(3) evaluate the impact and effectiveness of this act, with = particular=20 attention to Secs. 1, 2 and 39;

(4) explore and propose methods and techniques, including = existing and=20 emerging forms of alternative dispute resolution, to complement = the=20 judicial system for the appropriate resolution of questions or = disputes=20 that may arise concerning the interpretation, implementation and=20 enforcement of this act; and

(5) examine reciprocal beneficiaries relationships and evaluate = whether=20 non-related persons over 62 years of age should be permitted to = establish=20 a reciprocal beneficiaries relationship and whether the legal = benefits,=20 protections and responsibilities of a reciprocal beneficiaries=20 relationship should be expanded.

(e) The commission shall report its findings, conclusions and=20 recommendations to the general assembly, periodically as deemed = necessary=20 by the commission; however, the commission shall report to the = general=20 assembly and governor, at least annually, by January 15 of the = years 2001=20 and 2002.

(f) The commission shall elect a chair and vice-chair, shall = conduct=20 its meetings pursuant to Robert's Rules of Order, and shall be = subject to=20 the public meeting laws pursuant to subchapter 2 of chapter 5 of = Title=20 1.

(g) The commission may request and shall receive the assistance = of any=20 agency of the state of Vermont, and may solicit written comments = from=20 members of the public, civic organizations, businesses and others. = The=20 commission may hold public hearings throughout the state.

(h) The members of the commission shall have the assistance of = the=20 staff of legislative council and the joint fiscal office.

Sec. 41. SEVERABILITY

The provisions of this act are severable. If any provision of = this act=20 is invalid, or if any application thereof to any person or = circumstance is=20 invalid, the invalidity shall not affect other provisions or = applications=20 which can be given effect without the invalid provision or = application.=20

Sec. 42. EFFECTIVE DATES

(a) This section and Secs. 1, 2 and 40 shall be effective upon=20 passage.

(b) Secs. 17 and 18 (insurance) of this act shall become = effective on=20 January 1, 2001.

(c) Secs. 20 (tax definitions) and 21 (income taxation of = parties to=20 parties to a civil union) of this act shall apply to taxable years = beginning on and after January 1, 2001.

(d) Sec. 23 of this act (veterans' property tax exemption) = shall apply=20 to grand lists for 2001 and after.

(e) All other sections of this act shall become effective on = July 1,=20 2000.

Approved: April 26, 2000

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