Text of RI S 2737 (2008)

2008 -- S 2737 ======= LC01482 ======= 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 HUMAN SERVICES - DOMESTIC PARTNERS Introduced By: Senators Goodwin, Miller, Perry, and Connors Date Introduced: February 26, 2008 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: SECTION 1 This act shall be known and may be cited as the "An Act Relating to 1 Compassion for all Families". 2 SECTION 2. Section 5-33.2-24 of the General Laws in Chapter 5-33.2 entitled "Funeral 3 Director/Embalmer Funeral Service Establishments" is hereby amended to read as follows: 4 5-33.2-24. Proper authority for funeral arrangements and disposition of human 5 remains. -- Every licensed funeral director/embalmer, licensed funeral establishment, licensed 6 crematory, and cemetery shall comply with the following rules with respect to proper authority 7 for funeral arrangements and disposition of human remains: 8 (1) If a licensed funeral establishment is a party to a funeral services contract, as defined 9 in section 5-33.1-2, for the benefit of a deceased person, only when executed by the principal, 10 him or herself and the contract is still in effect at the time of that person's death, the terms of that 11 contract shall control the nature of the funeral goods and services to be provided, the manner in 12 which funeral services are to be conducted for the deceased, and the final disposition of the 13 deceased person's remains to the full extent provided in that contract. When the contract is 14 executed by the principal, him or herself, and specifies cremation as the chosen disposition, the 15 contract is considered sufficient legal authorization for cremation. No licensed funeral 16 establishment, licensed crematory, or cemetery nor any of its agents or employees, may cancel or 17 materially alter any of the arrangements specified in that contract, even if requested to do so by a 18 member of the deceased person's family or a funeral planning agent designated pursuant to 19 2 chapter 33.3 of this title unless compliance with the terms of the original contract would result in 1 a violation of any applicable federal, state or local law or regulation, notwithstanding the 2 provisions of this chapter. 3 (2) To the extent that there is no funeral services contract in effect at the time of death 4 for the benefit of the deceased person, indicating the wishes of the deceased person with respect 5 to the nature of the funeral goods and services to be provided, the manner in which funeral 6 services are to be conducted, or the final disposition of the deceased person's remains, then the 7 funeral establishment and its agents or employees shall follow the directions of the deceased 8 person's survivors, in the following order of priority: 9 (i) An agent designated pursuant to chapter 33.3 of this title, if any; 10 (ii) The surviving spouse or domestic partner of the deceased; 11 (iii) The surviving adult children of the deceased; 12 (iv) The surviving parent(s) of the deceased; 13 (v) The surviving brother(s) or sister(s) of the deceased; 14 (vi) The surviving adult grandchildren of the deceased; 15 (vii) The surviving adult niece(s) or nephew(s) of the deceased; 16 (viii) The guardian of the person of the deceased at the time of his or her death. 17 (3) All licensed funeral directors/embalmers, licensed funeral establishments, licensed 18 crematories, cemeteries, and all their agents and employees shall be held harmless, and shall not 19 be subject to civil suit, either as individual(s), partnership(s), or corporation(s) for complying with 20 the provisions of this chapter. 21 (4) For purpose of this chapter, "domestic partner" shall be defined as a person who, prior 22 to the decedent's death, was in an exclusive, intimate and committed relationship with the 23 decedent, and who certifies by affidavit that their relationship met the following qualifications: 24 (i) both partners were at least eighteen (18) years of age and were mentally competent to 25 contract; 26 (ii) neither partner was married to anyone else; 27 (iii) partners were not related by blood to a degree which would prohibit marriage in the 28 state of Rhode Island; 29 (iv) partners resided together and had resided together for at least one year at the time of 30 death; and 31 (v) partners were financially interdependent as evidenced by at least two (2) of the 32 following: 33 (a) domestic partnership agreement or relationship contract; 34 3 (b) joint mortgage or joint ownership of primary residence; 1 (c) two (2) of: 2 (1) joint ownership of motor vehicle; 3 (2) joint checking account; 4 (3) joint credit account; 5 (4) joint lease; and/or 6 (d) the domestic partner had been designated as a beneficiary for the decedent's will, 7 retirement contract or life insurance. 8 SECTION 3. Section 23-17.5-16 of the General Laws in Chapter 23-17.5 entitled "Rights 9 of Nursing Home Patients" is hereby amended to read as follows: 10 23-17.5-16. Married patient Patient with spouse or domestic partner. – (a) If married 11 or in a relationship with a domestic partner, patients shall be assured privacy for visits by the 12 spouse or domestic partner; if both are inpatients in the facility, they may share a room unless 13 medically contraindicated per written order of the physician and subject to the availability of 14 accommodations within the facility. 15 (b) For purposes of this section, "domestic partner" shall mean a person who shares an 16 exclusive, intimate and committed relationship of mutual caring with the patient and who certifies 17 by affidavit that the patient and domestic partner: 18 (i) are a least eighteen (18) years of age and mentally competent to contract; 19 (ii) are not married to anyone else; 20 (iii) are not related by blood to a degree which would prohibit marriage in the state of 21 Rhode Island; 22 (iv) resided together for at least one year prior to the patient's entry into the nursing 23 home; and 24 (v) are financially interdependent as evidenced by at least two of the following: 25 (a) domestic partnership agreement or relationship contract;; 26 (b) joint mortgage or joint ownership of primary residence; 27 (c) two 2 of: 28 (1) joint ownership of motor vehicle; 29 (2) joint checking account; 30 (3) joint credit account; 31 (4) joint lease; and/or 32 (d) the domestic partner has been designated as a beneficiary for the patient's will, 33 retirement contract or life insurance. 34 4 SECTION 4. Sections 28-48-1, 28-48-11 and 28-48-12 of the General Laws in Chapter 1 28-48 entitled "Rhode Island Parental and Family Medical Leave Act" are hereby amended to 2 read as follows: 3 28-48-1. Definitions. -- As used in this chapter, the following words and terms have the 4 following meanings: 5 (1) "Director" means the director of the department of labor and training. 6 (2) "Employee" means any full-time employee who works an average of thirty (30) or 7 more hours per week. 8 (3) "Employer" means and includes: 9 (i) any person, sole proprietorship, partnership, corporation, or other business entity that 10 employs fifty (50) or more employees, 11 (ii) the state of Rhode Island, including the executive, legislative, and judicial branches, 12 and any state department or agency that employs any employees, 13 (iii) any city or town or municipal agency that employs thirty (30) or more employees, 14 and 15 (iv) any person who acts directly or indirectly in the interest of any employer. 16 (4) "Family leave" means leave by reason of the serious illness of a family member. 17 (5) "Family member" means a parent, spouse, domestic partner, child, child of a 18 domestic partner, mother-in-law, mother of a domestic partner, father-in-law, father of a domestic 19 partner, or the employee himself or herself, and with respect to employees of the state as defined 20 in subsection (3)(ii), shall include domestic partners as defined in section 36-12-1(3). 21 (6) "Parental leave" means leave by reason of the birth of a child of an employee or the 22 employee's domestic partner, or the placement of a child sixteen (16) years of age or less with an 23 employee or his or her domestic partner in connection with the adoption of the child by the 24 employee or his or her domestic partner. 25 (7) "Serious illness" means a disabling physical or mental illness, injury, impairment, or 26 condition that involves inpatient care in a hospital, a nursing home, or a hospice, or outpatient 27 care requiring continuing treatment or supervision by a health care provider. 28 (8) "Domestic partner" means a person who shares and exclusive, intimate and committed 29 relationship of mutual caring with the employee and the employee certifies by affidavit that he or 30 she and his or her domestic partner: 31 (i) are at least eighteen (18) years of age and mentally competent to contract; 32 (ii) are not married to anyone else; 33 (iii) are not related by blood to a degree which would prohibit marriage in the state of 34 5 Rhode Island; 1 (iv) reside together and have resided together for a t least one year; and 2 (v) are financially interdependent as evidenced by at least two of the following: 3 (a) domestic partnership agreement or relationship contract; 4 (b) joint mortgage or joint ownership of primary residence; 5 (c) two (2) of: 6 (1) joint ownership of motor vehicle; 7 (2) joint checking account; 8 (3) joint credit account; 9 (4) joint lease; and/or 10 (d) the domestic partner has been designated as a beneficiary for the employee's will, 11 retirement contract or life insurance. 12 28-48-11. Use of sick leave for adoptive parents. -- Any employer who allows sick time 13 or sick leave of an employee to be utilized after the birth of a child shall allow the same time to 14 be used for the placement of a child sixteen (16) years of age or less with an employee or his or 15 her domestic partner in connection with the adoption of the child by the employee or his or her 16 domestic partner. 17 28-48-12. School involvement leave. -- (a) An employee who has been employed by the 18 same employer for twelve (12) consecutive months shall be entitled to a total of ten (10) hours of 19 leave during any twelve (12) month period to attend school conferences or other school-related 20 activities for a child of whom the employee or his or her domestic partner is the parent, foster 21 parent or guardian. 22 (b) The employee must provide twenty-four (24) hours prior notice of the leave and 23 make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the 24 employer. 25 (c) Nothing in this section shall be construed to require the leave be paid; except that 26 under this section, an employee may substitute any accrued paid vacation leave or other 27 appropriate paid leave for any part of the leave. 28 SECTION 5. This act shall take effect upon passage. 29 ======= LC01482 ======= 6 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HUMAN SERVICES - DOMESTIC PARTNERS *** This act would recognize domestic partners and would clearly define, the class of persons 1 covered by the parental and family medical leave act. In addition, it would recognize the rights of 2 domestic partners for purpose of funeral arrangement planning and nursing home 3 accommodations. 4 This act would take effect upon passage. 5 ======= LC01482 =======