2008 -- H 7711

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LC02089

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO HUMAN SERVICES - DOMESTIC PARTNERS

     Introduced By: Representatives McCauley, Walsh, Ajello, Singleton, and Segal

     Date Introduced: February 26, 2008

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1 This act shall be known and may be cited as the "An Act Relating to

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Compassion for all Families".

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     SECTION 2. Section 5-33.2-24 of the General Laws in Chapter 5-33.2 entitled "Funeral

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Director/Embalmer Funeral Service Establishments" is hereby amended to read as follows:

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     5-33.2-24. Proper authority for funeral arrangements and disposition of human

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remains. -- Every licensed funeral director/embalmer, licensed funeral establishment, licensed

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crematory, and cemetery shall comply with the following rules with respect to proper authority

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for funeral arrangements and disposition of human remains:

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      (1) If a licensed funeral establishment is a party to a funeral services contract, as defined

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in section 5-33.1-2, for the benefit of a deceased person, only when executed by the principal,

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him or herself and the contract is still in effect at the time of that person's death, the terms of that

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contract shall control the nature of the funeral goods and services to be provided, the manner in

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which funeral services are to be conducted for the deceased, and the final disposition of the

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deceased person's remains to the full extent provided in that contract. When the contract is

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executed by the principal, him or herself, and specifies cremation as the chosen disposition, the

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contract is considered sufficient legal authorization for cremation. No licensed funeral

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establishment, licensed crematory, or cemetery nor any of its agents or employees, may cancel or

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materially alter any of the arrangements specified in that contract, even if requested to do so by a

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member of the deceased person's family or a funeral planning agent designated pursuant to

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chapter 33.3 of this title unless compliance with the terms of the original contract would result in

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a violation of any applicable federal, state or local law or regulation, notwithstanding the

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provisions of this chapter.

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      (2) To the extent that there is no funeral services contract in effect at the time of death

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for the benefit of the deceased person, indicating the wishes of the deceased person with respect

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to the nature of the funeral goods and services to be provided, the manner in which funeral

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services are to be conducted, or the final disposition of the deceased person's remains, then the

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funeral establishment and its agents or employees shall follow the directions of the deceased

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person's survivors, in the following order of priority:

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      (i) An agent designated pursuant to chapter 33.3 of this title, if any;

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      (ii) The surviving spouse or domestic partner of the deceased;

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      (iii) The surviving adult children of the deceased;

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      (iv) The surviving parent(s) of the deceased;

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      (v) The surviving brother(s) or sister(s) of the deceased;

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      (vi) The surviving adult grandchildren of the deceased;

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      (vii) The surviving adult niece(s) or nephew(s) of the deceased;

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      (viii) The guardian of the person of the deceased at the time of his or her death.

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      (3) All licensed funeral directors/embalmers, licensed funeral establishments, licensed

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crematories, cemeteries, and all their agents and employees shall be held harmless, and shall not

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be subject to civil suit, either as individual(s), partnership(s), or corporation(s) for complying with

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the provisions of this chapter.

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     (4) For purpose of this chapter, "domestic partner" shall be defined as a person who, prior

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to the decedent's death, was in an exclusive, intimate and committed relationship with the

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decedent, and who certifies by affidavit that their relationship met the following qualifications:

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     (i) both partners were at least eighteen (18) years of age and were mentally competent to

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contract;

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     (ii) neither partner was married to anyone else;

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     (iii) partners were not related by blood to a degree which would prohibit marriage in the

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state of Rhode Island;

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     (iv) partners resided together and had resided together for at least one year at the time of

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death; and

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     (v) partners were financially interdependent as evidenced by at least two (2) of the

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following:

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     (a) domestic partnership agreement or relationship contract;

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     (b) joint mortgage or joint ownership of primary residence;

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     (c) two (2) of:

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     (1) joint ownership of motor vehicle;

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     (2) joint checking account;

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     (3) joint credit account;

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     (4) joint lease; and/or

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     (d) the domestic partner had been designated as a beneficiary for the decedent's will,

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retirement contract or life insurance.

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     SECTION 3. Section 23-17.5-16 of the General Laws in Chapter 23-17.5 entitled "Rights

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of Nursing Home Patients" is hereby amended to read as follows:

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     23-17.5-16. Married patient Patient with spouse or domestic partner. – (a) If married

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or in a relationship with a domestic partner, patients shall be assured privacy for visits by the

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spouse or domestic partner; if both are inpatients in the facility, they may share a room unless

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medically contraindicated per written order of the physician and subject to the availability of

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accommodations within the facility.

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     (b) For purposes of this section, "domestic partner" shall mean a person who shares an

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exclusive, intimate and committed relationship of mutual caring with the patient and who certifies

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by affidavit that the patient and domestic partner:

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     (i) are a least eighteen (18) years of age and mentally competent to contract;

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     (ii) are not married to anyone else;

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     (iii) are not related by blood to a degree which would prohibit marriage in the state of

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Rhode Island;

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     (iv) resided together for at least one year prior to the patient's entry into the nursing

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home; and

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     (v) are financially interdependent as evidenced by at least two of the following:

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     (a) domestic partnership agreement or relationship contract;;

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     (b) joint mortgage or joint ownership of primary residence;

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     (c) two 2 of:

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     (1) joint ownership of motor vehicle;

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     (2) joint checking account;

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     (3) joint credit account;

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     (4) joint lease; and/or

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     (d) the domestic partner has been designated as a beneficiary for the patient's will,

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retirement contract or life insurance.

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     SECTION 4. Sections 28-48-1, 28-48-11 and 28-48-12 of the General Laws in Chapter

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28-48 entitled "Rhode Island Parental and Family Medical Leave Act" are hereby amended to

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read as follows:

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     28-48-1. Definitions. -- As used in this chapter, the following words and terms have the

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following meanings:

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      (1) "Director" means the director of the department of labor and training.

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      (2) "Employee" means any full-time employee who works an average of thirty (30) or

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more hours per week.

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      (3) "Employer" means and includes:

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      (i) any person, sole proprietorship, partnership, corporation, or other business entity that

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employs fifty (50) or more employees,

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      (ii) the state of Rhode Island, including the executive, legislative, and judicial branches,

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and any state department or agency that employs any employees,

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      (iii) any city or town or municipal agency that employs thirty (30) or more employees,

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and

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      (iv) any person who acts directly or indirectly in the interest of any employer.

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      (4) "Family leave" means leave by reason of the serious illness of a family member.

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      (5) "Family member" means a parent, spouse, domestic partner, child, child of a

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domestic partner, mother-in-law, mother of a domestic partner, father-in-law, father of a domestic

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partner, or the employee himself or herself, and with respect to employees of the state as defined

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in subsection (3)(ii), shall include domestic partners as defined in section 36-12-1(3).

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      (6) "Parental leave" means leave by reason of the birth of a child of an employee or the

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employee's domestic partner, or the placement of a child sixteen (16) years of age or less with an

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employee or his or her domestic partner in connection with the adoption of the child by the

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employee or his or her domestic partner.

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      (7) "Serious illness" means a disabling physical or mental illness, injury, impairment, or

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condition that involves inpatient care in a hospital, a nursing home, or a hospice, or outpatient

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care requiring continuing treatment or supervision by a health care provider.

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     (8) "Domestic partner" means a person who shares and exclusive, intimate and committed

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relationship of mutual caring with the employee and the employee certifies by affidavit that he or

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she and his or her domestic partner:

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     (i) are at least eighteen (18) years of age and mentally competent to contract;

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     (ii) are not married to anyone else;

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     (iii) are not related by blood to a degree which would prohibit marriage in the state of

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Rhode Island;

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     (iv) reside together and have resided together for a t least one year; and

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     (v) are financially interdependent as evidenced by at least two of the following:

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     (a) domestic partnership agreement or relationship contract;

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     (b) joint mortgage or joint ownership of primary residence;

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     (c) two (2) of:

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     (1) joint ownership of motor vehicle;

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     (2) joint checking account;

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     (3) joint credit account;

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     (4) joint lease; and/or

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     (d) the domestic partner has been designated as a beneficiary for the employee's will,

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retirement contract or life insurance.

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     28-48-11. Use of sick leave for adoptive parents. -- Any employer who allows sick time

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or sick leave of an employee to be utilized after the birth of a child shall allow the same time to

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be used for the placement of a child sixteen (16) years of age or less with an employee or his or

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her domestic partner in connection with the adoption of the child by the employee or his or her

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domestic partner.

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     28-48-12. School involvement leave. -- (a) An employee who has been employed by the

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same employer for twelve (12) consecutive months shall be entitled to a total of ten (10) hours of

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leave during any twelve (12) month period to attend school conferences or other school-related

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activities for a child of whom the employee or his or her domestic partner is the parent, foster

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parent or guardian.

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      (b) The employee must provide twenty-four (24) hours prior notice of the leave and

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make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the

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employer.

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      (c) Nothing in this section shall be construed to require the leave be paid; except that

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under this section, an employee may substitute any accrued paid vacation leave or other

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appropriate paid leave for any part of the leave.

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     SECTION 5. This act shall take effect upon passage.

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LC02089

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES - DOMESTIC PARTNERS

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     This act would recognize domestic partners and would clearly define, the class of persons

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covered by the parental and family medical leave act. In addition, it would recognize the rights of

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domestic partners for purpose of funeral arrangement planning and nursing home

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accommodations.

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     This act would take effect upon passage.

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LC02089

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