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BRIDGEPORT
- Monday, April 11, 2005 - Provided below is the legislation
on Same-Sex Marriage, aka "Civil Unions," passed by the
Connecticut State Senate last week.
General Assembly
File No. 24
January Session, 2005
Substitute Senate Bill No. 963
Senate, March
10, 2005
The Committee
on Judiciary reported through SEN. MCDONALD of the 27th Dist., Chairperson
of the Committee on the part of the Senate, that the substitute
bill ought to pass.
AN ACT CONCERNING
CIVIL UNIONS.
Be it enacted
by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW)
(Effective October 1, 2005) For the purposes of sections
1 to 15, inclusive, of this act:
(1) "Civil
union" means a union established pursuant to sections 1 to
15, inclusive, of this act between two eligible persons; and
(2) "Party
to a civil union" means a person who has established a civil
union pursuant to sections 1 to 15, inclusive, of this act.
Sec. 2. (NEW)
(Effective October 1, 2005) A person is eligible to enter
into a civil union if such person is:
(1) Not a party
to another civil union or a marriage;
(2) Of the same
sex as the other party to the civil union;
(3) Except as
provided in section 10 of this act, at least eighteen years of age;
and
(4) Not prohibited
from entering into a civil union pursuant to section 3 of this act.
Sec. 3. (NEW)
(Effective October 1, 2005) (a) A woman shall not enter into
a civil union with her mother, grandmother, daughter, granddaughter,
sister, brother's daughter, sister's daughter, father's sister or
mother's sister.
(b) A man shall
not enter into a civil union with his father, grandfather, son,
grandson, brother, brother's son, sister's son, father's brother
or mother's brother.
(c) A civil
union between persons prohibited from entering into a civil union
pursuant to subsection (a) or (b) of this section is void.
Sec. 4. (NEW)
(Effective October 1, 2005) (a) All judges and retired judges,
either elected or appointed, including federal judges and judges
of other states who may legally join persons in marriage or a civil
union, family support magistrates, state referees and justices of
the peace may join persons in a civil union in any town in the state,
and all ordained or licensed members of the clergy, belonging to
this state or any other state, as long as they continue in the work
of the ministry may join persons in a civil union. All civil unions
solemnized according to the forms and usages of any religious denomination
in this state are valid. All civil unions attempted to be celebrated
by any other person are void.
(b) No public
official legally authorized to issue civil union licenses may join
persons in a civil union under authority of a license issued by
such official, or such official's assistant or deputy; nor may any
such assistant or deputy join persons in a civil union under authority
of a license issued by such public official.
(c) Any person
violating any provision of this section shall be fined not more
than fifty dollars.
Sec. 5. (NEW)
(Effective October 1, 2005) Any person who undertakes to
join persons in a civil union, knowing that such person is not authorized
to do so, shall be fined not more than five hundred dollars or imprisoned
not more than one year or both.
Sec. 6. (NEW)
(Effective October 1, 2005) Any person authorized to join
persons in a civil union pursuant to section 4 of this act, who
fails or refuses for any reason to join persons in a civil union
shall not be subject to any fine or other penalty for such failure
or refusal.
Sec. 7. (NEW)
(Effective October 1, 2005) (a) No persons may be joined
in a civil union in this state until both have complied with the
provisions of sections 8 to 10, inclusive, of this act and have
been issued a license by the registrar of vital statistics for the
town in which (1) the civil union is to be celebrated, or (2) either
person to be joined in the civil union resides, which license shall
bear the certification of the registrar that the persons named therein
have complied with the provisions of sections 8 to 10, inclusive,
of this act.
(b) Such license,
when certified by the registrar, is sufficient authority for any
person authorized to perform a civil union ceremony in this state
to join such persons in a civil union, provided the ceremony is
performed not more than sixty-five days after the date of application.
(c) Any person
who joins any persons in a civil union without having received such
license from them shall be fined not more than one hundred dollars.
Sec. 8. (NEW)
(Effective October 1, 2005) No license for a civil union
may be issued by the registrar of vital statistics until both persons
have appeared before the registrar and made application for a license.
The license shall be completed in its entirety, dated, signed and
sworn to by each applicant and shall state each applicant's name,
age, race, birthplace, residence, whether single, widowed or divorced
and whether under the supervision or control of a conservator or
guardian. The Social Security numbers of the two persons shall be
recorded in the "administrative purposes" section of the
license. If the license is signed and sworn to by the applicants
on different dates, the earlier date shall be deemed the date of
application. The registrar shall issue a copy of sections 1 to 15,
inclusive, of this act to any person making application for a license.
Sec. 9. (NEW)
(Effective October 1, 2005) (a) No civil union license may
be issued to any applicant under the supervision or control of a
conservator, appointed in accordance with sections 45a-644 to 45a-662,
inclusive, of the general statutes unless the written consent of
the conservator, signed and acknowledged before a person authorized
to take acknowledgments of conveyances under the provisions of section
47-5a of the general statutes or authorized to take acknowledgments
in any other state or country, is filed with the registrar of vital
statistics.
(b) Any person
who enters into a civil union without the consent provided for in
subsection (a) of this section shall acquire no rights by such civil
union in the property of any person who was under such control or
supervision at the time the civil union was entered into.
Sec. 10. (NEW)
(Effective October 1, 2005) (a) No civil union license may
be issued to any applicant under sixteen years of age, unless the
judge of probate for the district in which the minor resides endorses
such judge's written consent on the license.
(b) No civil
union license may be issued to any applicant under eighteen years
of age, unless the written consent of a parent or guardian of the
person of such minor, signed and acknowledged before a person authorized
to take acknowledgments of conveyances under the provisions of section
47-5a of the general statutes, or authorized to take acknowledgments
in any other state or country, is filed with the registrar of vital
statistics. If no parent or guardian of the person of such minor
is a resident of the United States, the written consent of the judge
of probate for the district in which the minor resides, endorsed
on the license, shall be sufficient.
Sec. 11. (NEW)
(Effective October 1, 2005) (a) Each person who joins any
person in a civil union shall certify upon the license certificate
the fact, time and place of the civil union, and return it to the
registrar of vital statistics of the town where it was issued, before
or during the first week of the month following the celebration
of the civil union. Any person who fails to do so shall be fined
not more than ten dollars.
(b) If any person
fails to return the certificate to the registrar of vital statistics,
as required under subsection (a) of this section, the persons joined
in a civil union may provide the registrar with a notarized affidavit
attesting to the fact that they were joined in a civil union and
stating the date and place of the civil union. Upon the recording
of such affidavit by the registrar of vital statistics, the civil
union of the affiants shall be deemed to be valid as of the date
of the civil union stated in the affidavit.
Sec. 12. (NEW)
(Effective October 1, 2005) The certificate required by section
11 of this act or an affidavit recorded pursuant to subsection (b)
of said section shall be prima facie evidence of the facts stated
in them.
Sec. 13. (NEW)
(Effective October 1, 2005) All civil unions in which one
or both parties are citizens of this state, celebrated in a foreign
country, shall be valid, provided: (1) Each party would have legal
capacity to contract such civil union in this state and the civil
union is celebrated in conformity with the law of that country;
or (2) the civil union is celebrated in the presence of the ambassador
or minister to that country from the United States or in the presence
of a consular officer of the United States accredited to such country,
at a place within his or her consular jurisdiction, by any ordained
or licensed member of the clergy engaged in the work of the ministry
in any state of the United States or in any foreign country.
Sec. 14. (NEW)
(Effective October 1, 2005) Parties to a civil union shall
have all the same benefits, protections and responsibilities under
law, whether derived from the general statutes, administrative regulations
or court rules, policy, common law or any other source of civil
law, as are granted to spouses in a marriage.
Sec. 15. (NEW)
(Effective October 1, 2005) Wherever in the general statutes
the terms "spouse", "family", "immediate
family", "dependent", "next of kin" or
any other term that denotes the spousal relationship are used or
defined, a party to a civil union shall be included in such use
or definition, and wherever in the general statutes, except sections
7-45 and 17b-137a of the general statutes, as amended by this act,
subdivision (4) of section 45a-727a, sections 46b-20 to 46b-34,
inclusive, and section 46b-150d of the general statutes, as amended
by this act, the term "marriage" is used or defined, a
civil union shall be included in such use or definition.
Sec. 16. Section
7-45 of the general statutes is repealed and the following is substituted
in lieu thereof (Effective October 1, 2005) :
Each person
making any certificate of birth, marriage, civil union, death or
fetal death, or any copy of such certificate for the commissioner,
or any sexton's report required by law, shall cause the same to
be typewritten or printed in a legible manner as to all material
information or facts required by the provisions of sections 7-48,
7-60 [, ] and 7-62b, and sections 46b-25 and 46b-29 to 46b-30, inclusive,
or sections 8, 9 and 10 of this act, and contained in such certificate.
If the certificate is in paper format, such person shall sign the
certificate in black ink, shall state therein in what capacity such
person so signs, and shall type or print in a legible manner the
name of each person signing such certificate, under such person's
signature. If the certificate is in an electronic format, such certificate
shall be authenticated by the electronic vital records system of
the department. Any certificate not complying with the requirements
of this section shall be returned by the registrar with whom it
is filed to the person making the same for the proper correction.
Sec. 17. Subsections
(a) and (b) of section 17b-137a of the general statutes are repealed
and the following is substituted in lieu thereof (Effective October
1, 2005) :
(a) The Social
Security number of the applicant shall be recorded on each (1) application
for a license, certification or permit to engage in a profession
or occupation regulated pursuant to the provisions of title 19a,
20 or 21; (2) application for a commercial driver's license or commercial
driver's instruction permit completed pursuant to subsection (a)
of section 14-44c; and (3) application for a marriage license made
under section 46b-25 or for a civil union license under section
8 of this act.
(b) The Social
Security number of any individual who is subject to a dissolution
of marriage decree, dissolution of civil union decree, support order
or paternity determination or acknowledgment shall be placed in
the records relating to the matter.
Sec. 18. Subdivision
(7) of section 45a-106 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1,
2005) :
(7) For proceedings
brought under section 46b-30 or section 10 of this act, the cost
shall be twenty-five dollars.
Sec. 19. Subsection
(c) of section 45a-676 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1,
2005) :
(c) For purposes
of sections 45a-669 to [45a-784] 45a-684, inclusive, and section
46b-29 and section 9 of this act, any alleged inability of the respondent
must be evidenced by recent behavior which would cause harm or create
a risk of harm, by clear and convincing proof.
Sec. 20. Section
46b-150d of the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2005) :
An order that
a minor is emancipated shall have the following effects: (a) The
minor may consent to medical, dental or psychiatric care, without
parental consent, knowledge or liability; (b) the minor may enter
into a binding contract; (c) the minor may sue and be sued in his
own name; (d) the minor shall be entitled to his own earnings and
shall be free of control by his parents or guardian; (e) the minor
may establish his own residence; (f) the minor may buy and sell
real and personal property; (g) the minor may not thereafter be
the subject of a petition under section 46b-129 as an abused, dependent,
neglected or uncared for child or youth; (h) the minor may enroll
in any school or college, without parental consent; (i) the minor
shall be deemed to be over eighteen years of age for purposes of
securing an operator's license under section 14-36 and a marriage
license under subsection (b) of section 46b-30 or a civil union
license under subsection (b) of section 10 of this act without parental
consent; (j) the minor shall be deemed to be over eighteen years
of age for purposes of registering a motor vehicle under section
14-12; (k) the parents of the minor shall no longer be the guardians
of the minor under section 45a-606; (l) the parents of a minor shall
be relieved of any obligations respecting his school attendance
under section 10-184; (m) the parents shall be relieved of all obligation
to support the minor; (n) the minor shall be emancipated for the
purposes of parental liability for his acts under section 52-572;
(o) the minor may execute releases in his own name under section
14-118; and (p) the minor may enlist in the armed forces of the
United States without parental consent.
Sec. 21. Subsection
(b) of section 51-164n of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1,
2005) :
(b) Notwithstanding
any provision of the general statutes, any person who is alleged
to have committed (1) a violation under the provisions of section
1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325,
7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197,
10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, or 12-326g,
subdivision (4) of section 12-408, subdivision (3) , (5) or (6)
of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71,
13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124,
13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of
section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337,
13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a) , (b) or
(c) of section 13b-412, section 13b-414, subsection (d) of section
14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a,
subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or
14-58, subsection (b) of section 14-66, section 14-66a, 14-66b or
14-67a, subsection (g) of section 14-80, subsection (f) of section
14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146,
14-152, 14-153 or 14-163b, a first violation as specified in subsection
(f) of section 14-164i, section 14-219 as specified in subsection
(e) of said section, section 14-240, 14-249 or 14-250, subsection
(a) , (b) or (c) of section 14-261a, section 14-262, 14-264, 14-267a,
14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section
14-283, section 14-291, 14-293b, 14-319, 14-320, 14-321, 14-325a,
14-326, 14-330 or 14-332a, subdivision (1) , (2) or (3) of section
14-386a, section 15-33, subsection (a) of section 15-115, section
16-256, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section
16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642,
17b-124, 17b-131, 17b-137 or 17b-734, subsection (b) of section
17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b)
of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-215, 19a-219,
19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335,
19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14,
20-158, 20-231, 20-257, 20-265 or 20-324e, subsection (a) of section
20-341, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39,
21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25, 21a-26 or 21a-30,
subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63
or 21a-77, subsection (b) of section 21a-79, section 21a-85, 21a-154,
21a-159, 21a-201, 21a-211, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34,
22-35, 22-36, 22-37, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d,
22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100,
22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342,
subsection (b) or (e) of section 22-344, section 22-359, 22-366,
22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a)
of section 22a-250, subsection (e) of section 22a-256h, subsection
(a) of section 22a-381d, section 22a-449, 22a-461, 23-37, 23-38,
23-46 or 23-61b, subsection (a) or (b) of section 23-65, section
25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54,
26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128,
26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227,
26-230, 26-294, 28-13, 29-6a, 29-109, 29-161y, 29-161z, 29-198,
29-210, 29-243, 29-277, 29-316, 29-318, 29-341, 29-381, 30-48a,
30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18,
31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40,
31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection
(a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76,
31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section
31-288, 36a-787, 42-230, 45a-450, 45a-634 or 45a-658, subdivision
(13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24,
46b-34, 47-34a, 47-47, 49-8a, 49-16 or 53-133, subsection (a) or
(b) of section 53-211, or section 53-212a, 53-249a, 53-252, 53-264,
53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344
or 53-450, or section 4, 7 or 11 of this act, or (2) a violation
under the provisions of chapter 268, or (3) a violation of any regulation
adopted in accordance with the provisions of section 12-484, 12-487
or 13b-410, shall follow the procedures set forth in this section.
| This
act shall take effect as follows and shall amend the following
sections: |
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| Section
1 |
October
1, 2005 |
New
section |
| Sec.
2 |
October
1, 2005 |
New
section |
| Sec.
3 |
October
1, 2005 |
New
section |
| Sec.
4 |
October
1, 2005 |
New
section |
| Sec.
5 |
October
1, 2005 |
New
section |
| Sec.
6 |
October
1, 2005 |
New
section |
| Sec.
7 |
October
1, 2005 |
New
section |
| Sec.
8 |
October
1, 2005 |
New
section |
| Sec.
9 |
October
1, 2005 |
New
section |
| Sec.
10 |
October
1, 2005 |
New
section |
| Sec.
11 |
October
1, 2005 |
New
section |
| Sec.
12 |
October
1, 2005 |
New
section |
| Sec.
13 |
October
1, 2005 |
New
section |
| Sec.
14 |
October
1, 2005 |
New
section |
| Sec.
15 |
October
1, 2005 |
New
section |
| Sec.
16 |
October
1, 2005 |
7-45 |
| Sec.
17 |
October
1, 2005 |
17b-137a(a)
and (b) |
| Sec.
18 |
October
1, 2005 |
45a-106(7)
|
| Sec.
19 |
October
1, 2005 |
45a-676(c)
|
| Sec.
20 |
October
1, 2005 |
46b-150d |
| Sec.
21 |
October
1, 2005 |
51-164n(b)
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