Text of RI S 2724 (2008)

2008 -- S 2724 ======= LC01007 ======= S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2008 ____________ A N A C T RELATING TO DOMESTIC RELATIONS Introduced By: Senator Leo R. Blais Date Introduced: February 26, 2008 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: SECTION 1. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is 1 hereby amended by adding thereto the following chapter: 2 CHAPTER 31 3 RECIPROCAL BENEFICIARY AGREEMENTS 4 15-31-1. Purpose of chapter –Rights and related responsibilities. -- (a) The purpose of 5 this chapter is to permit any two (2) unmarried persons who are excluded from entering into a 6 valid marriage under the marriage laws of this state, as specified in the provisions of chapters 15- 7 1, 15-2, and 15-3 of this title, or who are or were related by blood, adoption, or marriage, to 8 establish a reciprocal beneficiary agreement to extend the rights and related responsibilities 9 enumerated in this chapter to each reciprocal beneficiary. 10 (b) These rights and related responsibilities are: 11 (1) Emergency and nonemergency medical care and treatment and hospital visitation and 12 related notification; 13 (2) The right to authorize the care and treatment of a reciprocal beneficiary through 14 terminal care documents and medical treatment documents and the right to make medical 15 decisions on behalf of a reciprocal beneficiary pursuant to the Rhode Island general laws; 16 (3) The right to participate in decision making relating to anatomical gifts of a reciprocal 17 beneficiary; 18 (4) The right to participate in decision making relating to the disposition of remains of a 19 2 reciprocal beneficiary; 1 (5) The rights inuring from the laws relating to intestate succession in the same position 2 as a spouse pursuant to title 33 of the general laws; 3 (6) The rights associated with the acquisition, ownership, or transfer, inter vivos or at 4 death, of real property, including eligibility to hold real and personal property as joint tenants 5 with right of survivorship or as tenants in common. 6 (b) This chapter shall not be construed to create any rights or responsibilities for 7 reciprocal beneficiaries that are not specifically enumerated. 8 15-31-2. Definitions. -- As used in this chapter, unless the context otherwise requires: 9 (a) "Reciprocal beneficiary" means a person who has entered into a valid reciprocal 10 beneficiary agreement pursuant to the provisions of this chapter. 11 (b) "Reciprocal beneficiary agreement" means an agreement that is entered into by two 12 (2) persons who qualify as reciprocal beneficiaries and that is evidenced by a form provided by 13 the secretary of state that, when executed, grants the rights and related responsibilities set forth in 14 this chapter to the signatories. The secretary of state is hereby directed to create a forum which 15 shall satisfy and fulfill the requirements of this chapter. 16 15-31-3. Formation. -- (a) Two (2) persons shall be reciprocal beneficiaries if they: 17 (1) are at least eighteen (18) years of age; 18 (2) are not a party to a marriage or another reciprocal beneficiary agreement; 19 (3) are otherwise excluded from marrying each other under the marriage laws of this 20 state, as specified in this title, including, but not limited to, the provisions of chapter 15-1, 21 "Persons Eligible to Marry." 22 (4) Enter into the reciprocal beneficiary agreement without force, fraud, or duress; and 23 (5) Execute a reciprocal beneficiary agreement form provided by the secretary of state in 24 the presence of a notary public and file the agreement with the clerk of the city and/or town in 25 which at least one of the reciprocal beneficiaries resides. A copy of the reciprocal agreement shall 26 also be forwarded by the clerk to the department of health and held in the same manner as a 27 certificate of marriage. 28 15-31-4. Termination - property division. -- (a) A reciprocal beneficiary agreement 29 shall be terminated as follows: 30 (1) When either party enters into a valid marriage recognized under the marriage laws of 31 this state, as specified in this title; or 32 (2) When either party terminates the agreement under the procedures necessary for 33 revoking a last will and testament and files notice of termination with the clerk of the city or town 34 3 where the reciprocal beneficiaries filed their reciprocal beneficiary agreement. 1 (b) The division of assets after termination of a reciprocal beneficiary agreement shall be 2 done in accordance with the provisions of this title, including, but not limited to, the provisions of 3 chapter 15-5, "Divorce and Separation." 4 15-31-5. Applicability - domestic partnerships. -- (a) Domestic partners registered 5 pursuant to another state's law shall be deemed to have executed a reciprocal beneficiary 6 agreement if the parties otherwise qualify as reciprocal beneficiaries pursuant to this chapter. 7 Domestic partners who do not qualify to become reciprocal beneficiaries shall not be deemed to 8 have a valid legal status within the state of Rhode Island as domestic partners. 9 (b) Legal contracts other than domestic partnerships, pursuant to another state's law, other 10 than a marriage between a man and a woman, shall be treated as reciprocal beneficiary 11 agreements if: 12 (1) The parties qualify to enter into a reciprocal beneficiary agreement pursuant to this 13 chapter; and 14 (2) Both parties are present or reside in this state. 15 SECTION 2. Chapter 27-18 of the General Laws entitled "Accident and Sickness 16 Insurance Policies" is hereby amended by adding thereto the following section: 17 27-18-69. Reciprocal beneficiaries covered as dependents for purposes of insurance. 18 -- Notwithstanding any provision of the general or public laws to the contrary, reciprocal 19 beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents 20 as subscribing to a plan which includes coverage for a family member shall also provide 21 equivalent coverage for a reciprocal beneficiary. 22 SECTION 3. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service 23 Corporations" is hereby amended by adding thereto the following section: 24 27-19-60. Reciprocal beneficiaries covered under subscribers plan. -- 25 Notwithstanding any provision of the general or public law to the contrary, reciprocal 26 beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents 27 as subscribing to a plan which includes coverage for a family member shall also provide 28 equivalent coverage for a reciprocal beneficiary. 29 SECTION 4. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service 30 Corporations" is hereby amended by adding thereto the following section: 31 27-20-55. Reciprocal beneficiaries covered under subscribers plan. -- 32 Notwithstanding any provision of the general or public law to the contrary, reciprocal 33 beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents 34 4 as subscribing to a plan which includes coverage for a family member shall also provide 1 equivalent coverage for a reciprocal beneficiary. 2 SECTION 5. Chapter 27-41 of the General Laws entitled "Health Maintenance 3 Organizations" is hereby amended by adding thereto the following section: 4 27-41-73. Reciprocal beneficiaries covered as dependents for purposes of coverage. - 5 - Notwithstanding any provision of the general or public law to the contrary, reciprocal 6 beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents. 7 A participant in a health maintenance organization which includes coverage for a family member 8 shall also provide equivalent coverage for a reciprocal beneficiary. 9 SECTION 6. This act shall take effect upon passage. 10 ======= LC01007 ======== 5 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO DOMESTIC RELATIONS *** This act would authorize the establishment of reciprocal beneficiary agreements for the 1 purpose of permitting any two (2) unmarried persons who are excluded from entering into a valid 2 marriage under the marriage laws of this state, or who are or were related by blood, adoption, or 3 marriage, and who meet specified requirements, to establish a reciprocal beneficiary agreement 4 that extends specific rights and related responsibilities to each reciprocal beneficiary. The act 5 would specify the rights and related responsibilities that would extend to reciprocal beneficiaries, 6 including, but not limited to, health care insurance benefits. 7 This act would take effect upon passage. 8 ======= LC01007 =======