Text of WY HB 150 (2011)

2011 STATE OF WYOMING 11LSO-0460 1 HB0150 HOUSE BILL NO. HB0150 Civil unions. Sponsored by: Representative(s) Connolly, Childers, Wallis and Zwonitzer, Dn. and Senator(s) Von Flatern A BILL for AN ACT relating to domestic relations; establishing civil 1 unions and related rights and responsibilities; specifying 2 limits on civil unions; requiring licenses; defining 3 persons who can solemnize civil unions and perform 4 ceremonies; requiring the issuance of certificates; 5 defining offenses and penalties; providing for the 6 recognition of foreign civil unions; establishing the 7 presumed legitimacy of children of civil unions; amending 8 paternity presumptions; providing for dissolution or 9 affirmation of civil unions; defining the applicability of 10 other law; amending bigamy statutes; prohibiting multiple 11 civil unions; providing penalties; and providing for an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Wyoming: 15 16 2011 STATE OF WYOMING 11LSO-0460 2 HB0150 Section 1. W.S. 6-4-407 and 20-8-101 through 20-8-113 1 are created to read: 2 3 6-4-407. Multiple civil unions; penalties; defense. 4 5 (a) A person who is a party to a civil union, and who 6 knows that the other party to the civil union is alive, is 7 guilty of a felony punishable by imprisonment for not more 8 than five (5) years, a fine of not more than five thousand 9 dollars ($5,000.00), or both, if he enters into another 10 civil union or marries. 11 12 (b) It is a defense that the accused person 13 reasonably believed that he was eligible to enter into a 14 new civil union or marriage. 15 16 CHAPTER 8 17 CREATION OF CIVIL UNION 18 19 20-8-101. Purposes; construction. 20 21 W.S. 20-8-101 through 20-8-113 shall be liberally construed 22 and applied to promote their underlying purposes, which are 23 to provide adequate procedures for the licensing, 24 2011 STATE OF WYOMING 11LSO-0460 3 HB0150 certification and registration of civil unions and to 1 provide persons entering into a civil union with the 2 obligations, responsibilities, protections and benefits 3 afforded to married persons and spouses. 4 5 20-8-102. Protections, obligations and 6 responsibilities. 7 8 A party to a civil union is entitled to the same legal 9 obligations, responsibilities, protections and benefits as 10 are afforded or recognized by the law of Wyoming to married 11 persons and spouses, whether they derive from statute, 12 administrative rule, policy, common law or any other source 13 of civil or criminal law. 14 15 20-8-103. Minimum age; exception; parental consent. 16 17 Parties seeking to enter into a civil union shall be 18 subject to the limitations, exceptions and parental consent 19 requirements established by W.S. 20-1-102 for parties 20 seeking marriage. 21 22 20-8-104. License; required. 23 24 2011 STATE OF WYOMING 11LSO-0460 4 HB0150 (a) Before solemnization of any civil union in this 1 state, a civil union license shall be obtained from a 2 Wyoming county clerk. 3 4 (b) The civil union license shall be obtained 5 pursuant to the procedures, and subject to the limitations, 6 applicable to marriage licenses under W.S. 20-1-103. 7 8 20-8-105. Judge may order license issued. 9 10 If any county clerk refuses to issue a license for a civil 11 union, if the parties seeking the civil union are under the 12 age of sixteen (16) or in case of circumstances arising 13 which would necessitate the waiver of any one (1) or more 14 of the requirements for obtaining a civil union license, an 15 application to the district court may be filed pursuant to 16 the procedures established by W.S. 20-1-105. 17 18 20-8-106. Who may solemnize a civil union; form of 19 ceremony; certification. 20 21 (a) A civil union may be solemnized by the persons 22 identified in W.S. 20-1-106. 23 24 2011 STATE OF WYOMING 11LSO-0460 5 HB0150 (b) In the solemnization of a civil union no 1 particular form is required, except that the parties shall 2 solemnly declare in the presence of the person performing 3 the ceremony and at least two (2) attending witnesses that 4 they wish to be united in a civil union. 5 6 20-8-107. Certificate of civil union. 7 8 (a) When a civil union is solemnized, the person 9 performing the ceremony shall comply with the requirements 10 of W.S. 20-1-107. 11 12 (b) The county clerk of each county in the state 13 shall record all returns of civil unions in a book kept for 14 that purpose within one (1) month after receipt. 15 16 (c) The original certificate and record of civil 17 union made by the person performing the ceremony and the 18 record thereof or a certified copy of the certificate or 19 record is admissible in all courts and places as 20 presumptive evidence of the fact of the civil union. 21 22 20-8-108. Offenses relating to civil unions 23 generally. 24 2011 STATE OF WYOMING 11LSO-0460 6 HB0150 1 If the county clerk neglects to record a civil union 2 certificate, or if any person performs a civil union 3 ceremony knowing that he is not legally authorized to do so 4 or knowing of any legal impediment to the proposed civil 5 union, he is guilty of a misdemeanor and shall be punished 6 by a fine not exceeding five hundred dollars ($500.00) or 7 imprisonment for not exceeding one (1) year. 8 9 20-8-109. When civil union solemnized by unauthorized 10 person valid. 11 12 No civil union solemnized in any manner authorized by W.S. 13 20-8-106, shall be deemed or adjudged to be void, nor is 14 the validity of the civil union in any way affected because 15 of a lack of jurisdiction or authority of the person 16 performing the ceremony of civil union if the civil union 17 is completed with a full belief on the part of the persons 18 so united, or either of them, that the person performing 19 the ceremony was lawfully authorized to do so. 20 21 20-8-110. Civil union ceremony according to rites and 22 customs of religious societies or assemblies. 23 24 2011 STATE OF WYOMING 11LSO-0460 7 HB0150 Any religious society or religious assembly may perform the 1 ceremony of civil union in this state according to the 2 rites and customs of the society or assembly. The clerk or 3 keeper of the minutes, proceedings or other book of the 4 society or assembly wherein the civil union occurs, or if 5 none then the moderator or person presiding in the society 6 or assembly, shall make out and transmit to the county 7 clerk of the county a certificate of the civil union. 8 9 20-8-111. Foreign civil unions. 10 11 All civil unions which are valid by the laws of the 12 jurisdiction in which they are entered are valid in this 13 state. 14 15 20-8-112. Legitimacy of children presumed. 16 17 The legitimacy of all children conceived or born during a 18 civil union are rebuttably presumed pursuant to W.S. 19 14-2-504. 20 21 20-8-113. Dissolution; affirmation; applicability of 22 other law. 23 24 2011 STATE OF WYOMING 11LSO-0460 8 HB0150 A civil union may be dissolved or affirmed pursuant to the 1 procedures, standards and limitations established under 2 chapter 2 of this title. Unless otherwise prohibited by 3 law, all the provisions contained in chapter 2 of this 4 title shall apply to civil unions. When applying any 5 section of chapter 2 of this title, where marriages, 6 married parties or spouses are referenced, such references 7 shall be construed to apply to civil unions and to the 8 parties to civil unions. 9 10 Section 2. W.S. 6-4-401(a) and (b) and 14-2-504 by 11 creating a new subsection (c) are amended to read: 12 13 6-4-401. Bigamy; penalties; defense. 14 15 (a) A person commits bigamy if, being married and 16 knowing that his spouse is alive, he marries again or 17 enters into a civil union. 18 19 (b) It is a defense that the accused person 20 reasonably believed that he was eligible to remarry or 21 enter into a civil union. 22 23 2011 STATE OF WYOMING 11LSO-0460 9 HB0150 14-2-504. Presumption of paternity in context of 1 marriage. 2 3 (c) Subsection (a) of this section shall apply to 4 civil unions entered under W.S. 20-8-101 through 20-8-113 5 where the civil union is between a man and a woman. For 6 purposes of applying subsection (a) of this section to 7 civil unions between a man and a woman, a civil union shall 8 be considered a marriage. 9 10 Section 3. This act is effective July 1, 2011. 11 12 (END) 13