2008 -- S 2724

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LC01007

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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 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:

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     SECTION 1. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 31

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RECIPROCAL BENEFICIARY AGREEMENTS

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     15-31-1. Purpose of chapter –Rights and related responsibilities. -- (a) The purpose of

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this chapter is to permit any two (2) unmarried persons who are excluded from entering into a

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valid marriage under the marriage laws of this state, as specified in the provisions of chapters 15-

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1, 15-2, and 15-3 of this title, or who are or were related by blood, adoption, or marriage, to

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establish a reciprocal beneficiary agreement to extend the rights and related responsibilities

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enumerated in this chapter to each reciprocal beneficiary.

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     (b) These rights and related responsibilities are:

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     (1) Emergency and nonemergency medical care and treatment and hospital visitation and

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related notification;

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     (2) The right to authorize the care and treatment of a reciprocal beneficiary through

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terminal care documents and medical treatment documents and the right to make medical

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decisions on behalf of a reciprocal beneficiary pursuant to the Rhode Island general laws;

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     (3) The right to participate in decision making relating to anatomical gifts of a reciprocal

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beneficiary;

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     (4) The right to participate in decision making relating to the disposition of remains of a

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reciprocal beneficiary;

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     (5) The rights inuring from the laws relating to intestate succession in the same position

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as a spouse pursuant to title 33 of the general laws;

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     (6) The rights associated with the acquisition, ownership, or transfer, inter vivos or at

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death, of real property, including eligibility to hold real and personal property as joint tenants

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with right of survivorship or as tenants in common.

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     (b) This chapter shall not be construed to create any rights or responsibilities for

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reciprocal beneficiaries that are not specifically enumerated.

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     15-31-2. Definitions. -- As used in this chapter, unless the context otherwise requires:

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     (a) "Reciprocal beneficiary" means a person who has entered into a valid reciprocal

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beneficiary agreement pursuant to the provisions of this chapter.

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     (b) "Reciprocal beneficiary agreement" means an agreement that is entered into by two

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(2) persons who qualify as reciprocal beneficiaries and that is evidenced by a form provided by

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the secretary of state that, when executed, grants the rights and related responsibilities set forth in

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this chapter to the signatories. The secretary of state is hereby directed to create a forum which

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shall satisfy and fulfill the requirements of this chapter.

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     15-31-3. Formation. -- (a) Two (2) persons shall be reciprocal beneficiaries if they:

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     (1) are at least eighteen (18) years of age;

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     (2) are not a party to a marriage or another reciprocal beneficiary agreement;

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     (3) are otherwise excluded from marrying each other under the marriage laws of this

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state, as specified in this title, including, but not limited to, the provisions of chapter 15-1,

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"Persons Eligible to Marry."

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     (4) Enter into the reciprocal beneficiary agreement without force, fraud, or duress; and

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     (5) Execute a reciprocal beneficiary agreement form provided by the secretary of state in

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the presence of a notary public and file the agreement with the clerk of the city and/or town in

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which at least one of the reciprocal beneficiaries resides. A copy of the reciprocal agreement shall

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also be forwarded by the clerk to the department of health and held in the same manner as a

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certificate of marriage.

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     15-31-4. Termination - property division. -- (a) A reciprocal beneficiary agreement

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shall be terminated as follows:

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     (1) When either party enters into a valid marriage recognized under the marriage laws of

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this state, as specified in this title; or

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     (2) When either party terminates the agreement under the procedures necessary for

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revoking a last will and testament and files notice of termination with the clerk of the city or town

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where the reciprocal beneficiaries filed their reciprocal beneficiary agreement.

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     (b) The division of assets after termination of a reciprocal beneficiary agreement shall be

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done in accordance with the provisions of this title, including, but not limited to, the provisions of

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chapter 15-5, "Divorce and Separation."

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      15-31-5. Applicability - domestic partnerships. -- (a) Domestic partners registered

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pursuant to another state's law shall be deemed to have executed a reciprocal beneficiary

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agreement if the parties otherwise qualify as reciprocal beneficiaries pursuant to this chapter.

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Domestic partners who do not qualify to become reciprocal beneficiaries shall not be deemed to

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have a valid legal status within the state of Rhode Island as domestic partners.

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      (b) Legal contracts other than domestic partnerships, pursuant to another state's law, other

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than a marriage between a man and a woman, shall be treated as reciprocal beneficiary

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agreements if:

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      (1) The parties qualify to enter into a reciprocal beneficiary agreement pursuant to this

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chapter; and

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      (2) Both parties are present or reside in this state.

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     SECTION 2. Chapter 27-18 of the General Laws entitled "Accident and Sickness

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Insurance Policies" is hereby amended by adding thereto the following section:

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     27-18-69. Reciprocal beneficiaries covered as dependents for purposes of insurance.

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-- Notwithstanding any provision of the general or public laws to the contrary, reciprocal

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beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents

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as subscribing to a plan which includes coverage for a family member shall also provide

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equivalent coverage for a reciprocal beneficiary.

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     SECTION 3. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

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Corporations" is hereby amended by adding thereto the following section:

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     27-19-60. Reciprocal beneficiaries covered under subscribers plan. --

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Notwithstanding any provision of the general or public law to the contrary, reciprocal

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beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents

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as subscribing to a plan which includes coverage for a family member shall also provide

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equivalent coverage for a reciprocal beneficiary.

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     SECTION 4. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service

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Corporations" is hereby amended by adding thereto the following section:

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     27-20-55. Reciprocal beneficiaries covered under subscribers plan. --

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Notwithstanding any provision of the general or public law to the contrary, reciprocal

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beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents

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as subscribing to a plan which includes coverage for a family member shall also provide

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equivalent coverage for a reciprocal beneficiary.

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     SECTION 5. Chapter 27-41 of the General Laws entitled "Health Maintenance

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Organizations" is hereby amended by adding thereto the following section:

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     27-41-73. Reciprocal beneficiaries covered as dependents for purposes of coverage. -

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- Notwithstanding any provision of the general or public law to the contrary, reciprocal

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beneficiaries as defined in chapter 15-31 shall be covered to the same extent as other dependents.

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A participant in a health maintenance organization which includes coverage for a family member

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shall also provide equivalent coverage for a reciprocal beneficiary.

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     SECTION 6. This act shall take effect upon passage.

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LC01007

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS

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     This act would authorize the establishment of reciprocal beneficiary agreements for the

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purpose of permitting any two (2) unmarried persons who are excluded from entering into a valid

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marriage under the marriage laws of this state, or who are or were related by blood, adoption, or

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marriage, and who meet specified requirements, to establish a reciprocal beneficiary agreement

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that extends specific rights and related responsibilities to each reciprocal beneficiary. The act

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would specify the rights and related responsibilities that would extend to reciprocal beneficiaries,

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including, but not limited to, health care insurance benefits.

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     This act would take effect upon passage.

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LC01007

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