Text of AZ HCR 2049 (2005)

PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills. ------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: domestic partnerships; responsibilities; benefits; resolution ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-seventh Legislature ¦ ¦ First Regular Session ¦ ¦ 2005 ¦ ¦ ¦ ¦ ¦ ------------------------------------------------------------------------------------------ ¦ HCR 2049 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Sinema, Aguirre A, Lujan, Senators Cheuvront, Giffords, Hellon: ¦ ¦ Representatives Bradley, Burton Cahill, Downing, Gallardo, Garcia M, Hershberger, ¦ ¦ Landrum Taylor, Lopes, Lopez L, McClure, McCune Davis, Meza, Prezelski, Rios P, Senators ¦ ¦ Brotherton, Rios ¦ ------------------------------------------------------------------------------------------ A CONCURRENT RESOLUTION ENACTING AND ORDERING THE SUBMISSION TO THE PEOPLE OF A MEASURE RELATING TO DOMESTIC PARTNERSHIPS. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the registration of domestic partnerships, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor: AN ACT AMENDING SECTIONS 1-215, 8-103, 14-2102, 14-3203, 14-5311, 14-5410, 20-1104, 32-1365.02, 36-327, 36-831 AND 36-3231, ARIZONA REVISED STATUTES; AMENDING TITLE 12, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 15; RELATING TO REGISTERED DOMESTIC PARTNERSHIPS. Be it enacted by the Legislature of the State of Arizona: Section 1. Recognition of the definition of marriage; recognition of responsibilities, obligations, duties and protections A. This state recognizes: 1. That marriage is between one man and one woman. 2. That two unrelated adults who are in a committed relationship and who share a household should undertake certain responsibilities, obligations and duties to one another that they should be required to uphold. 3. That it is in the interest of the people of this state to encourage relationships that are responsible, committed and enduring. B. For these reasons this state adopts the following as the registered domestic partnership act. Sec. 2. Section 1-215, Arizona Revised Statutes, is amended to read: 1-215. Definitions In the statutes and laws of this state, unless the context otherwise requires: 1. "Action" includes any matter or proceeding in a court, civil or criminal. 2. "Adopted rule" means a final rule as defined in section 41-1001. 3. "Adult" means a person who has attained the age of eighteen years. 4. "Alternative fuel" means: (a) Electricity. (b) Solar energy. (c) Liquefied petroleum gas, natural gas, hydrogen or a blend of hydrogen with liquefied petroleum or natural gas that complies with any of the following: (i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104-94 or 88.105-94. (ii) Is used in an engine that is certified by the engine modifier to meet the addendum to memorandum 1-A of the United States environmental protection agency as printed in the federal register, volume 62, number 207, October 27, 1997, pages 55635 through 55637. (iii) Is used in an engine that is the subject of a waiver for that specific engine application from the United States environmental protection agency's memorandum 1-A addendum requirements and that waiver is documented to the reasonable satisfaction of the director of the department of environmental quality. (d) Only for vehicles that use alcohol fuels before August 21, 1998, alcohol fuels that contain not less than eighty-five per cent alcohol by volume. (e) A combination of at least seventy per cent alternative fuel and no more than thirty per cent petroleum based fuel that operates in an engine that meets the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104-94 or 88.105-94 and that is certified by the engine manufacturer to consume at least seventy per cent alternative fuel during normal vehicle operations. 5. "Bribe" signifies anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity. 6. "Child" or "children" as used in reference to age of persons means persons under the age of eighteen years. 7. "Clean burning fuel" means: (a) An emulsion of water-phased hydrocarbon fuel that contains not less than twenty per cent water by volume and that complies with any of the following: (i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104-94 or 88.105-94. (ii) Is used in an engine that is certified by the engine modifier to meet the addendum to memorandum 1-A of the United States environmental protection agency as printed in the federal register, volume 62, number 207, October 27, 1997, pages 55635 through 55637. (iii) Is used in an engine that is the subject of a waiver for that specific engine application from the United States environmental protection agency's memorandum 1-A addendum requirements and that waiver is documented to the reasonable satisfaction of the director of the department of environmental quality. (b) A diesel fuel substitute that is produced from nonpetroleum renewable resources if the qualifying volume of the nonpetroleum renewable resources meets the standards for California diesel fuel as adopted by the California air resources board pursuant to 13 California code of regulations sections 2281 and 2282 in effect on January 1, 2000, the diesel fuel substitute meets the registration requirement for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49-401.01 and the use of the diesel fuel substitute complies with the requirements listed in 10 Code of Federal Regulations part 490, as printed in the federal register, volume 64, number 96, May 19, 1999. (c) A diesel fuel that complies with all of the following: (i) Contains a maximum of fifteen parts per million by weight of sulfur. (ii) Meets ASTM D975. (iii) Meets the registration requirements for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49-401.01. (iv) Is used in an engine that is equipped or has been retrofitted with a device that has been certified by the California air resources board diesel emission control strategy verification procedure, the United States environmental protection agency voluntary diesel retrofit program or the United States environmental protection agency verification protocol for retrofit catalyst, particulate filter and engine modification control technologies for highway and nonroad use diesel engines. (d) A blend of unleaded gasoline that contains at minimum eighty-five per cent ethanol by volume or eighty-five per cent methanol by volume. (e) Neat methanol. (f) Neat ethanol. 8. "Corruptly" imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. 9. "Daytime" means the period between sunrise and sunset. 10. "Depose" includes every manner of written statement under oath or affirmation. 11. "Federal poverty guidelines" means the poverty guidelines as updated annually in the federal register by the United States department of health and human services. 12. "Grantee" includes every person to whom an estate or interest in real property passes, in or by a deed.13. "Grantor" includes every person from or by whom an estate or interest in real property passes, in or by a deed. 14. "Includes" or "including" means not limited to and is not a term of exclusion. 15. "Inhabitant" means a resident of a city, town, village, district, county or precinct. 16. "Issue" as used in connection with descent of estates includes all lawful, lineal descendants of the ancestor. 17. "Knowingly" imports only a knowledge that the facts exist that bring the act or omission within the provisions of the statute using such word. It does not require any knowledge of the unlawfulness of the act or omission. 18. "Magistrate" means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and judges of the supreme court, judges of the superior court, justices of the peace and police magistrates in cities and towns. 19. "Majority" or "age of majority" as used in reference to age of persons means the age of eighteen years or more. 20. "Malice" and "maliciously" import a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. 21. "Mentally ill person" includes an idiot, an insane person, a lunatic or a person non compos. 22. "Minor" means a person under the age of eighteen years. 23. "Minor children" means persons under the age of eighteen years. 24. "Month" means a calendar month unless otherwise expressed. 25. "Neglect", "negligence", "negligent" and "negligently" import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. 26. "Nighttime" means the period between sunset and sunrise. 27. "Oath" includes an affirmation or declaration. 28. "Peace officers" means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board and police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board. 29. "Person" includes a corporation, company, partnership, firm, association or society, as well as a natural person. When the word "person" is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, this state, or any territory, state or country, or any political subdivision of this state that may lawfully own any property, or a public or private corporation, or partnership or association. When the word "person" is used to designate the violator or offender of any law, it includes corporation, partnership or any association of persons. 30. "Personal property" includes money, goods, chattels, dogs, things in action and evidences of debt. 31. "Population" means the population according to the most recent United States decennial census. 32. "Process" means a citation, writ or summons issued in the course of judicial proceedings. 33. "Property" includes both real and personal property. 34. "Real property" is coextensive with lands, tenements and hereditaments. 35. "REGISTERED DOMESTIC PARTNER" MEANS EITHER PARTY TO A RELATIONSHIP THAT IS REGISTERED PURSUANT TO TITLE 12, CHAPTER 15. 35. 36. "Registered mail" includes certified mail. 36. 37. "Seal" as used in reference to a paper issuing from a court or public office to which the seal of such court or office is required to be affixed means an impression of the seal on that paper, an impression of the seal affixed to that paper by a wafer or wax, a stamped seal, a printed seal, a screened seal or a computer generated seal. 37. 38. "Signature" or "subscription" includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. 38. 39. "State", as applied to the different parts of the United States, includes the District of Columbia, this state and the territories. 39. 40. "Testify" includes every manner of oral statement under oath or affirmation. 40. 41. "United States" includes the District of Columbia and the territories. 41. 42. "Vessel", as used in reference to shipping, includes ships of all kinds, steamboats, steamships, barges, canal boats and every structure adapted to navigation from place to place for the transportation of persons or property. 42. 43. "Wilfully" means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. 43. 44. "Will" includes codicils. 44. 45. "Workers' compensation" means workmen's compensation as used in article XVIII, section 8, Constitution of Arizona. 45. 46. "Writ" signifies an order or precept in writing issued in the name of the state or by a court or judicial officer. 46. 47. "Writing" includes printing. Sec. 3. Section 8-103, Arizona Revised Statutes, is amended to read: 8-103. Who may adopt Any adult resident of this state, whether married, unmarried or legally separated is eligible to qualify to adopt children. A husband and wife may jointly adopt children. EITHER SPOUSE OR REGISTERED DOMESTIC PARTNER MAY ADOPT THE CHILDREN OF THE OTHER SPOUSE OR REGISTERED DOMESTIC PARTNER. Sec. 4. Title 12, Arizona Revised Statutes, is amended by adding chapter 15, to read: CHAPTER 15 REGISTERED DOMESTIC PARTNERSHIPS ARTICLE 1. GENERAL PROVISIONS 12-2451. Definitions IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES: 1. "CERTIFICATE OF REGISTERED DOMESTIC PARTNERSHIP" MEANS A DOCUMENT THAT CERTIFIES THAT THE PERSONS NAMED ON THE CERTIFICATE HAVE REGISTERED A DOMESTIC PARTNERSHIP IN THIS STATE PURSUANT TO THIS CHAPTER. 2. "DOMESTIC PARTNERSHIP" MEANS THAT TWO ELIGIBLE PERSONS HAVE ESTABLISHED A CONTRACTUAL RELATIONSHIP PURSUANT TO THIS CHAPTER AND ARE SUBJECT TO THE RESPONSIBILITIES AND BENEFITS THAT ARE PRESCRIBED BY SECTION 12-2453. 3. "PARTY TO A REGISTERED DOMESTIC PARTNERSHIP" MEANS A PERSON WHO HAS REGISTERED PURSUANT TO THIS CHAPTER. 12-2452. Requirements for a valid registered domestic partnership; filing fee A. TWO PERSONS WHO MEET ALL OF THE FOLLOWING REQUIREMENTS MAY ENTER INTO A REGISTERED DOMESTIC PARTNERSHIP: 1. ARE AT LEAST EIGHTEEN YEARS OF AGE. 2. ARE NOT RELATED BY BLOOD IN A WAY THAT WOULD DISQUALIFY THEM PURSUANT TO TITLE 25. 3. ARE THE SAME SEX. 4. ARE NOT MARRIED PURSUANT TO TITLE 25. 5. ARE COMPETENT TO ENTER INTO A CONTRACT. 6. APPLY TO THE CLERK OF THE SUPERIOR COURT IN THEIR COUNTY OF RESIDENCE OR IN MARICOPA OR PIMA COUNTY FOR A CERTIFICATE AND COMPLETE AND SIGN UNDER OATH AN AFFIDAVIT PROVIDED BY THE CLERK THAT STATES EACH APPLICANT'S NAME, AGE AND RESIDENTIAL ADDRESS. THE APPLICANTS SHALL PROVIDE THEIR SOCIAL SECURITY NUMBERS TO THE CLERK SEPARATELY FROM THE AFFIDAVIT. THE CLERK SHALL FILE THE AFFIDAVIT AND ISSUE A CERTIFICATE TO THE APPLICANTS DIRECTED TO THE PERSON AUTHORIZED BY LAW TO FORMALIZE THE DOMESTIC PARTNERSHIP PURSUANT TO THIS ARTICLE. THE CERTIFICATE IS SUFFICIENT AUTHORITY FOR A PERSON WHO IS AUTHORIZED PURSUANT TO THIS ARTICLE TO FORMALIZE THE DOMESTIC PARTNERSHIP. THE CERTIFICATE SHALL STATE THAT THE CERTIFICATE EXPIRES ONE YEAR AFTER ITS ISSUANCE UNLESS IT IS RETURNED TO THE CLERK FOR FILING AFTER IT IS FORMALIZED. B. THE FILING FEE REQUIREMENTS OF THIS TITLE FOR FILING A LICENSE PURSUANT TO TITLE 25 APPLY TO THE REQUIREMENTS OF THIS SECTION. 12-2453. Responsibilities and protections of parties to a registered domestic partnership EACH PARTY TO A REGISTERED DOMESTIC PARTNERSHIP IS CONSIDERED TO BE RELATED BY LAW AND HAS RESPONSIBILITIES AND BENEFITS RELATING TO THE OTHER REGISTERED DOMESTIC PARTNER, INCLUDING: 1. COMMUNITY PROPERTY IN THE SAME MANNER AS PRESCRIBED BY TITLE 25, CHAPTER 2. 2. INHERITANCE AS PRESCRIBED BY SECTION 14-2102. 3. APPOINTMENT AS A PERSONAL REPRESENTATIVE AS PRESCRIBED BY SECTION 14-3203. 4. GUARDIANSHIP AS PRESCRIBED BY SECTION 14-5311. 5. CONSERVATORSHIP AS PRESCRIBED BY SECTION 14-5410. 6. LIFE INSURANCE AS PRESCRIBED BY SECTION 20-1104. 7. BURIAL AS PRESCRIBED BY SECTION 36-831. 8. CREMATION AS PRESCRIBED BY SECTION 32-1365.02. 9. ADOPTION AS PRESCRIBED BY SECTION 8-103. 12-2454. Modification of terms PARTIES TO A REGISTERED DOMESTIC PARTNERSHIP MAY MODIFY THE TERMS OF THEIR REGISTERED DOMESTIC PARTNERSHIP IN THE SAME MANNER AND TO THE SAME EXTENT AS PERSONS WHO EXECUTE PREMARITAL AGREEMENTS PURSUANT TO TITLE 25. 12-2455. Dissolution of a registered domestic partnership; fees A. A REGISTERED DOMESTIC PARTNERSHIP MUST BE DISSOLVED IN THE SAME MANNER AS PRESCRIBED UNDER TITLE 25, CHAPTER 3. B. THE FILING FEE REQUIREMENTS OF THIS TITLE RELATING TO DOMESTIC RELATIONS ACTIONS APPLY TO THE DISSOLUTION OF A REGISTERED DOMESTIC PARTNERSHIP. 12-2456. Formalization; right of nonparticipation A. THIS ARTICLE DOES NOT REQUIRE ANY RELIGIOUS ORGANIZATION TO PARTICIPATE IN FORMALIZING A REGISTERED DOMESTIC PARTNERSHIP. B. PERSONS LISTED IN SECTION 25-124 MAY FORMALIZE A REGISTERED DOMESTIC PARTNERSHIP. Sec. 5. Section 14-2102, Arizona Revised Statutes, is amended to read: 14-2102. Intestate share of surviving spouse or registered domestic partner A. The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent. B. THE FOLLOWING PART OF THE INTESTATE ESTATE PASSES TO THE REGISTERED DOMESTIC PARTNER: 1. IF THERE IS NO SURVIVING ISSUE, THE ENTIRE INTESTATE ESTATE. 2. IF THERE ARE SURVIVING ISSUE, ALL OF WHOM ARE ALSO ISSUE OF THE SURVIVING DOMESTIC PARTNER, THE ENTIRE INTESTATE ESTATE. 3. IF THERE ARE SURVIVING ISSUE, ONE OR MORE OF WHOM ARE NOT ISSUE OF THE SURVIVING DOMESTIC PARTNER, ONE-HALF OF THE INTESTATE ESTATE. Sec. 6. Section 14-3203, Arizona Revised Statutes, is amended to read: 14-3203. Priority among persons seeking appointment as personal representative A. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: 1. The person with priority as determined by a probated will including a person nominated by a power conferred in a will. 2. The surviving spouse of the decedent who is a devisee of the decedent. 3. Other devisees of the decedent. 4. The surviving spouse OR REGISTERED DOMESTIC PARTNER of the decedent. 5. Other heirs of the decedent. 6. If the decedent was a veteran or the spouse or child of a veteran, the department of veterans' services. 7. Forty-five days after the death of the decedent, any creditor. 8. The public fiduciary. B. An objection to an appointment can be made only in formal proceedings. In case of AN objection the priorities stated in subsection A of this section apply, except that: 1. If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person. 2. In case of objection to appointment of a surviving spouse, other than one whose priority is determined by will, by an heir or devisee appearing to have a substantial interest in the estate, and the surviving spouse is found by the court to be unsuitable, the court may appoint a person who is acceptable to heirs and devisees, whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person. 3. In case of objection to appointment of a person who is not a surviving spouse, other than one whose priority is determined by will, by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value, or, in default of this accord any suitable person. C. A person entitled to letters under subsection A, paragraphs 2 through 5 of this section and a person age fourteen and over who would be entitled to letters but for the person's age may nominate a qualified person to act as personal representative. Any person age eighteen and over may renounce the person's right to nominate or to an appointment by appropriate writing filed with the court. If two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them, or in applying for appointment. D. Conservators of the estates of protected persons, or if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person, may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment. E. Formal proceedings are required to appoint a personal representative in any of the following situations: 1. If there is a person with a higher order of priority who has not renounced or waived the person's right by appropriate writing filed with the court. 2. If a priority is shared by two or more persons, as devisees under subsection A, paragraph 3 of this section, or as heirs under subsection A, paragraph 5 of this section, and one or more of them has not renounced or concurred in nominating the person whose appointment is applied for. 3. If appointment is sought for a person who does not have any priority under this section, under this paragraph the court shall determine that those having priority do not object to the appointment, and that administration is necessary. F. A person is not qualified to serve as a personal representative who is: 1. Under the age of majority as defined in section 1-215. 2. A person whom the court finds unsuitable in formal proceedings. 3. A foreign corporation. G. A personal representative appointed by a court of the decedent's domicile has priority over all other persons except if the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative. H. This section governs priority for appointment of a successor personal representative but does not apply to the selection of a special administrator. Sec. 7. Section 14-5311, Arizona Revised Statutes, is amended to read: 14-5311. Who may be guardian; priorities A. Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106. B. The court may consider the following persons for appointment as guardian in the following order: 1. A guardian or conservator of the person or a fiduciary appointed or recognized by the appropriate court of any jurisdiction in which the incapacitated person resides. 2. An individual or corporation nominated by the incapacitated person if the person has, in the opinion of the court, sufficient mental capacity to make an intelligent choice. 3. The person nominated in the incapacitated person's most recent durable power of attorney. 4. The spouse OR REGISTERED DOMESTIC PARTNER of the incapacitated person. 5. An adult child of the incapacitated person. 6. A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent. 7. Any relative of the incapacitated person with whom the incapacitated person has resided for more than six months before the filing of the petition. 8. The nominee of a person who is caring for or paying benefits to the incapacitated person. 9. If the incapacitated person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans' services. 10. A fiduciary, guardian or conservator. C. A person listed in subsection B, paragraph 4, 5, 6, 7 or 8 OF THIS SECTION may nominate in writing a person to serve in that person's place. With respect to persons who have equal priority, the court shall select the one the court determines is best qualified to serve. D. For good cause the court may pass over a person who has priority and appoint a person who has a lower priority or no priority. Sec. 8. Section 14-5410, Arizona Revised Statutes, is amended to read: 14-5410. Who may be appointed conservator; priorities A. The court may appoint an individual or a corporation, with general power to serve as trustee, as conservator of the estate of a protected person subject to the requirements of section 14-5106. The following are entitled to consideration for appointment in the order listed: 1. A conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides. 2. An individual or corporation nominated by the protected person if the protected person is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice. 3. The person nominated in the protected person's most recent durable power of attorney. 4. The spouse OR REGISTERED DOMESTIC PARTNER of the protected person. 5. An adult child of the protected person. 6. A parent of the protected person, or a person nominated by the will of a deceased parent. 7. Any relative of the protected person with whom the protected person has resided for more than six months before the filing of the petition. 8. The nominee of a person who is caring for or paying benefits to the protected person. 9. If the protected person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans' services. 10. A fiduciary, guardian or conservator. B. A person listed in subsection A, paragraph 4, 5, 6, 7 or 8 of this section may nominate in writing a person to serve in that person's place. With respect to persons having equal priority, the court shall select the one it determines is best qualified to serve. The court, for good cause, may pass over a person having priority and appoint a person having a lower priority or no priority. Sec. 9. Section 20-1104, Arizona Revised Statutes, is amended to read: 20-1104. Insurable interest with respect to personal insurance; definition A. Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But no person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under such contract are payable to the individual insured or his personal representatives, or to a person having, at the time when the contract was made, an insurable interest in the individual insured. B. If the beneficiary, assignee or other payee under any contract made in violation of this section receives from the insurer any benefits thereunder accruing upon the death, disablement or injury of the individual insured, the individual insured or his executor or administrator, as the case may be, may maintain an action to recover such benefits from the person so receiving them. C. "Insurable interest" with reference to personal insurance includes only interests as follows: 1. In the case of individuals related closely by blood or by law, a substantial interest engendered by love and affection. FOR THE PURPOSES OF THIS PARAGRAPH, "RELATED CLOSELY BY BLOOD OR BY LAW" INCLUDES PERSONS WHO ARE IN A REGISTERED DOMESTIC PARTNERSHIP. 2. In the case of other persons, a lawful and substantial economic interest in having the life, health or bodily safety of the individual insured continue, as distinguished from an interest which would arise only by, or would be enhanced in value by, the death, disablement or injury of the individual insured. 3. An individual party to a contract or option for the purchase or sale of an interest in a business partnership or firm, or of shares of stock of a closed corporation or of an interest in the shares, has an insurable interest in the life of each individual party to the contract and for the purposes of the contract only, in addition to any insurable interest which may otherwise exist as to the life of the individual. 4. A charitable organization as provided in section 43-1201, paragraph 4, which has a policy ownership interest has an insurable interest in the life of each proposed insured who joins with the charitable organization in applying for a life insurance policy naming the charitable organization as owner and irrevocable beneficiary. Sec. 10. Section 32-1365.02, Arizona Revised Statutes, is amended to read: 32-1365.02. Authorizing agents; consent for cremation, disinterment or embalming A. Except as provided in section 32-1365.01 and in subsection E of this section, it is unlawful to cremate or disinter a dead human body without prior written consent of the authorizing agent. B. Except as provided in section 32-1365.01, it is unlawful to embalm a dead human body without prior oral or written consent of the authorizing agent. C. A funeral establishment shall create a written record of an oral consent given pursuant to this subsection SECTION that includes all of the following: 1. The name of the authorizing agent. 2. The relation of the authorizing agent to the deceased. 3. The date and time that consent was given. 4. The name of the person who obtained the consent. 5. Any other information required by the board. D. In determining who the proper authorizing agent is, the following order of preference governs: 1. The surviving spouse OR REGISTERED DOMESTIC PARTNER. 2. A surviving adult child. 3. A surviving parent. 4. A surviving adult brother or sister. 5. For cremation or embalming, any other person or organization that is willing to assume legal and financial responsibility for the cremation or embalming. Preference under this paragraph shall be given in the following order: (a) The executor of the decedent's estate. (b) The guardian of the decedent at the time of death. E. On the order of a court or a county medical examiner, or a person performing the duties of a county medical examiner, a dead human body shall be disinterred. F. If none of the persons listed in subsection D is willing or financially capable of providing for the cremation or embalming of a dead human body, the public fiduciary or other person who is designated by the county in which a death occurs to handle funeral arrangements may order the cremation or embalming. G. A funeral establishment, an employee or agent of a funeral establishment or a licensee shall exercise due diligence to obtain the consent required pursuant to this section from the proper authorizing agent. Sec. 11. Section 36-327, Arizona Revised Statutes, is amended to read: 36-327. Disinterment-reinterment permit A. Except as otherwise provided by law, a disinterment-reinterment permit is required before a person disinters human remains. The state registrar shall provide a permit to disinter human remains either by a court order issued in this state or by the written consent of the decedent's family member who has the highest priority. The priority is as follows: 1. Spouse OR REGISTERED DOMESTIC PARTNER of the decedent at the time of death. 2. All adult offspring. 3. Parents. 4. All adult siblings. 5. Any other family member of legal age. B. A disinterment-reinterment permit is not required if disinterment and reinterment occurs OCCUR in the same cemetery for ordinary relocation or for reasons of internal management of the cemetery. Sec. 12. Section 36-831, Arizona Revised Statutes, is amended to read: 36-831. Duty to bury body of dead person; notification to Indian tribes; failure to perform duty; definitions A. Except as provided pursuant to subsection F G, the duty of burying the body of or providing other funeral and disposition arrangements for a dead person devolves in the following order: 1. If the dead person was married, On the surviving spouse OR REGISTERED DOMESTIC PARTNER. 2. If the dead person was a minor, on the parents. 3. If the dead person has no surviving spouse OR REGISTERED DOMESTIC PARTNER, on the adult children of the dead person. 4. If none of the persons named in paragraphs 1, 2 and 3 of this subsection are financially capable of providing for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, on any person or fraternal, charitable or religious organization willing to assume responsibility. B. If none of the persons named in subsection A is willing or financially able to bury or provide other funeral and disposition arrangements for a dead person, the county in which death occurs shall bury or place in a permanent care crypt the dead body or cremated remains of a dead body unless otherwise directed by a person named in subsection A, paragraph 1, 2 or 3, or by the written testamentary instruction of the decedent. C. If the county medical examiner or person performing the duties of the county medical examiner knows that the dead person is a member of a federally recognized Native American tribe located in this state, the county medical examiner or person performing the duties of the county medical examiner must notify the tribe and give the tribe the opportunity to provide for the person's burial or other funeral and disposition arrangements. If an autopsy is required by section 11-597, the county medical examiner or person performing the duties of the county medical examiner, if possible, shall complete the autopsy and return the remains to the federally recognized Native American tribe located in this state within four calendar days after the determined date of death. D. A person on whom the duty prescribed in subsection A is imposed who omits to perform that duty within a reasonable time or is prohibited from performing that duty under subsection G is liable to the person performing the duty in an amount of two times the expenses the person incurred in providing for the burial or other funeral and disposition arrangements. The person who performs this duty may recover this amount in a civil action. E. Notwithstanding the probate requirements of title 14, if a county is required to bury a person pursuant to subsection B, the county may recover the burial costs from the decedent's estate. A financial institution in possession of monies in an account in the decedent's name must reimburse the county for the burial costs on presentation by the county of an affidavit that certifies: 1. The date of the decedent's death. 2. That pursuant to this section, the county performed the decedent's burial. 3. The total burial costs incurred by the county. F. A person, a corporation or an agency of government that provides for the burial or other funeral and disposition arrangements on the instructions of a person described in subsection A is immune from civil liability: 1. For failing to honor the wishes of the decedent or the wishes of a person having a higher priority in subsection A or B if the person, corporation or agency of government was not aware, after reasonable inquiry, of the contrary wishes. 2. For refusing to follow conflicting directions of persons having the same priority in subsection A. 3. For following directions of a personal representative that are consistent with the written testamentary instructions of the decedent. G. The duty to bury or to provide other funeral and disposition arrangements devolves to the next person in the order prescribed pursuant to subsection A if the person who is otherwise responsible for performing this duty is charged with the criminal death of the person to whom the duty is owed. The person who performs this duty may recover costs as prescribed in subsection D. If the charges against the person on whom this duty originally fell are subsequently dismissed or are resolved in that person's favor on the merits, the person is responsible for only the actual costs. H. For THE purposes of this section, "person" includes a natural person, a corporation, a company, a partnership, a firm, an association, a society, the United States, this state, any territory, state or country, an Arizona federally recognized Native American tribe, any political subdivision of this state or a public or private corporation or partnership or association. I. For the purposes of this article, "burial" includes cremation. Sec. 13. Section 36-3231, Arizona Revised Statutes, is amended to read: 36-3231. Surrogate decision makers; priorities; limitations A. If an adult patient is unable to make or communicate health care treatment decisions, a health care provider shall make a reasonable effort to locate and shall follow a health care directive. A health care provider shall also make a reasonable effort to consult with a surrogate. If the patient has a health care power of attorney that meets the requirements of section 36-3221, the patient's designated agent shall act as the patient's surrogate. However, if the court appoints a guardian for the express purpose of making health care treatment decisions, that guardian shall act as the patient's surrogate. If neither of these situations applies, the health care provider shall make reasonable efforts to contact the following individual or individuals in the indicated order of priority, who are available and willing to serve as the surrogate, who then have the authority to make health care decisions for the patient and who shall follow the patient's wishes if they are known: 1. The patient's spouse OR REGISTERED DOMESTIC PARTNER, unless the patient and spouse are legally separated OR THE PATIENT AND THE DOMESTIC PARTNER HAVE LEGALLY ENDED THEIR DOMESTIC PARTNERSHIP. 2. An adult child of the patient. If the patient has more than one adult child, the health care provider shall seek the consent of a majority of the adult children who are reasonably available for consultation. 3. A parent of the patient. 4. If the patient is unmarried, the patient's domestic partner IF THE PATIENT AND THE DOMESTIC PARTNER HAVE NOT REGISTERED AND if no other person has assumed any financial responsibility for the patient. 5. A brother or sister of the patient. 6. A close friend of the patient. For the purposes of this paragraph, "close friend" means an adult who has exhibited special care and concern for the patient, who is familiar with the patient's health care views and desires and who is willing and able to become involved in the patient's health care and to act in the patient's best interest. B. If the health care provider cannot locate any of the people listed in subsection A of this section, the patient's attending physician may make health care treatment decisions for the patient after the physician consults with and obtains the recommendations of an institutional ethics committee. If this is not possible, the physician may make these decisions after consulting with a second physician who concurs with the physician's decision. For the purposes of this subsection, "institutional ethics committee" means a standing committee of a licensed health care institution appointed or elected to render advice concerning ethical issues involving medical treatment. C. A person who makes a good faith medical decision pursuant to this section is immune from liability to the same extent and under the same conditions as prescribed in section 36-3205. D. A surrogate who is not the patient's agent or guardian shall not make decisions to withdraw the artificial administration of food or fluid. E. A surrogate may make decisions about mental health care treatment on behalf of a patient if the patient is found incapable. However, a surrogate who is not the patient's agent or guardian shall not make decisions to admit the patient to a level one behavioral health facility licensed by the department of health services, except as provided in subsection F of this section or section 14-5312.01, 14-5312.02 or 36-3281. F. If the admitting officer for a mental health care provider has reasonable cause to believe after examination that the patient is incapable as defined in section 36-3281, subsection D and is likely to suffer serious physical harm or serious illness or to inflict serious physical harm on another person without immediate hospitalization, the patient may be admitted for inpatient treatment in a level one behavioral health facility based on informed consent given by any surrogate identified in subsection A of this section. The patient shall be discharged if a petition for court ordered evaluation or for temporary guardianship requesting authority for the guardian to consent to admission to a level one behavioral health facility has not been filed within forty-eight hours of admission or on the following court day if the forty-eight hours expires on a weekend or holiday. The discharge requirement prescribed in this section does not apply if the patient has given informed consent to voluntary treatment or if a mental health care provider is prohibited from discharging the patient under federal law. 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.