Bill Text: AZ HB2738 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Civil unions [Track Bill]
Status: 2012-02-09 - Referred to House JUD Committee [HB2738 Detail]
REFERENCE TITLE: civil unions
State of Arizona
House of Representatives
Second Regular Session
Representatives Ableser, Alston, Campbell, Chabin, Farley, Gonzales, Hobbs, Patterson, Wheeler, Senator Lujan: Representatives Arredondo, Hale, McCune Davis, Miranda C, Saldate, Senators Cajero Bedford, Lopez
amending title 12, Arizona Revised Statutes, by adding chapter 23; relating to civil unions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, Arizona Revised Statutes, is amended by adding chapter 23, to read:
ARTICLE 1. GENERAL PROVISIONS
In this chapter, unless the context otherwise requires:
1. "Certificate of civil union" means a document that certifies that the persons named on the certificate have registered a civil union in this state pursuant to this chapter.
2. "Civil union" means that two eligible persons have established a contractual relationship pursuant to this chapter and are subject to the responsibilities and benefits that are prescribed by section 12-3153.
3. "Party to a civil union" means a person who has entered into a civil union pursuant to this chapter.
12-3152. Requirements for a valid civil union; filing fee
A. Two persons who meet all of the following requirements may enter into a civil union:
1. Are at least eighteen years of age.
2. Are not related by blood in a way that would disqualify them pursuant to title 25.
3. Are not married pursuant to title 25.
4. Are competent to enter into a contract.
5. Submit a notarized and signed affidavit to the clerk of the superior court in either their county of residence or in Maricopa or Pima county that is provided by the clerk and that states each applicant's name, age and residential address. The applicants shall provide their social security numbers to the clerk separately from the affidavit. The clerk shall file the affidavit and issue a certificate of civil union to the applicants.
B. The filing fee requirements of this title for filing a license pursuant to title 25 apply to the requirements of this section.
12-3153. Responsibilities and benefits of parties to a civil union; definition
A. Each party to a civil union is considered to be related by law and has the same responsibilities and benefits relating to the other party to the civil union as each party to a marriage entered into pursuant to title 25, including:
1. Community property in the same manner as prescribed by title 25, chapter 2.
2. Inheritance as prescribed by section 14-2102.
3. Appointment as a personal representative as prescribed by section 14-3203.
4. Guardianship as prescribed by section 14-5311.
5. Conservatorship as prescribed by section 14-5410.
6. Life Insurance as prescribed by section 20-1104.
7. Burial as prescribed by section 36-831.
8. Cremation as prescribed by section 32-1365.02.
9. Adoption as prescribed by section 8-103.
B. For the purpose of determining the responsibilities and benefits of parties to a civil union under the laws of this state, the term "spouse", as used in the Arizona Revised Statutes and rules adopted pursuant to those statutes, includes each party to a civil union entered into pursuant to this chapter.
12-3154. Modification of terms
Parties to a civil union may modify the terms of their registered civil union in the same manner and to the same extent as persons who execute premarital agreements pursuant to title 25.
12-3155. Dissolution of a civil union; fees
A. A civil union must be dissolved in the same manner as prescribed under title 25, chapter 3.
B. The filing fee requirements of this title relating to domestic relations actions apply to the dissolution of a civil union.
12-3156. Formalization; right of nonparticipation
A. This article does not require any religious organization to participate in formalizing a civil union.
B. Persons listed in section 25-124 may formalize a civil union.