SENATE BILL 576
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Cisco McSorley
AN ACT
RELATING TO DOMESTIC AFFAIRS; ENACTING THE DOMESTIC PARTNER RIGHTS AND RESPONSIBILITIES ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Domestic Partner Rights and Responsibilities Act".
Section 2. DEFINITIONS.--As used in the Domestic Partner Rights and Responsibilities Act:
A. "common residence" means a residence shared by licensed domestic partners;
B. "domestic partner" means an adult who has chosen to share in another adult's life in an intimate and committed relationship of mutual caring and who has established a domestic partnership; and
C. "domestic partnership" means the legal relationship two domestic partners establish with each other.
Section 3. EQUAL PROTECTION AND EQUAL OBLIGATION.--
A. Domestic partners have the same rights, protections and benefits under law, whether derived from statute, rule, common law or other provisions or sources of law, as spouses in a marriage. Definitions in law and rule applicable to marriage, including terms such as "next of kin", apply equally to a domestic partnership.
B. Domestic partners are subject to the same responsibilities, obligations and duties under law, whether derived from statute, rule, common law or other provisions or sources of law, as those imposed for spouses in a marriage. Obligations imposed by law on spouses in a marriage for the matters, including dissolution of marriage and child support, apply equally to domestic partners.
C. Following the death of a domestic partner, the surviving partner has the same rights, protections and benefits and shall be subject to the same responsibilities, obligations and duties under law, whether derived from statute, rule, common law or other provisions or sources of law, as those granted to and imposed upon a widow or a widower.
D. The parental rights and obligations of a domestic partner are the same as those of a spouse in a marriage. The rights and obligations of a former or surviving domestic partner with respect to a child of either domestic partner are the same as those of a former or surviving spouse.
E. The state shall not discriminate against any domestic partner or domestic partnership on the grounds that the partner is not a spouse, a widow or widower or in a marriage.
F. Notwithstanding the provisions of this section, in filing state income tax returns, a domestic partner shall use the same filing status as is used on a federal income tax return, or that would have been used if a federal income tax return had been filed. Earned income shall not be treated as community property for state income tax purposes.
Section 4. JURISDICTION.--The district court has jurisdiction over proceedings relating to the dissolution of a domestic partnership, nullity of a domestic partnership and legal separation of a domestic partner. The dissolution, nullification and legal separation shall follow the same procedures as are used for spouses in a marriage.
Section 5. LICENSE REQUIRED--COUNTY CLERK--FEES.--Adults prepared to form a domestic partnership shall obtain a domestic partnership license from a county clerk and file it for recording in the county issuing the license. A county clerk shall receive a fee of twenty-five dollars ($25.00) for issuing and recording a domestic partnership license. Fifteen dollars ($15.00) of each fee shall be remitted by the county treasurer to the state treasurer within fifteen days of the last day of each month, for credit to the children's trust fund.
Section 6. ESTABLISHING A DOMESTIC PARTNERSHIP.--
A. A domestic partnership is established when the domestic partnership is licensed. The license of domestic partnership shall be filed with the county clerk in the county where the domestic partners entered into the domestic partnership and recorded in the record of domestic partnership. B. To obtain a license, prospective domestic partners shall:
(1) file an application for and affidavit of domestic partnership with the county clerk on a form that conforms with the requirements of the Domestic Partner Rights and Responsibilities Act stating that the domestic partners:
(a) then share or will share a common residence immediately upon becoming licensed;
(b) have reached the age of majority;
(c) are capable of consenting;
(d) are not married to others and are not part of a domestic partnership that has not been terminated, dissolved or adjudged a nullity; and
(e) are not related by blood in a way that would prevent marriage under the laws of New Mexico; and
(2) pay the required fee.
C. After the application for and affidavit of domestic partnership has been notarized, the county clerk shall issue a domestic partnership license to the domestic partners. The license shall be mailed to the domestic partners, and the domestic partners shall return the license to be recorded at the county clerk's office within ninety days of the date of the affidavit.
Section 7. AFFIDAVIT OF DOMESTIC PARTNERSHIP--FORMS.--
A. An affidavit of domestic partnership shall be substantially as provided in this section, with each form to be numbered consecutively corresponding with the page number of the record book in the county clerk's office. All such forms shall be provided free of cost by the county.
B. The affidavit forms shall be substantially as follows:
"APPLICATION FOR DOMESTIC PARTNERSHIP LICENSE AND
AFFIDAVIT OF DOMESTIC PARTNERSHIP NO.___
STATEMENTS RECEIVED AND FILED IN COUNTY CLERK'S OFFICE AT
___ O'CLOCK ___.M. ON _________, 20___.
COUNTY CLERK, _____ COUNTY
By __________________ Deputy
To the county clerk:
We the undersigned hereby make application to be united in a domestic partnership and certify that:
we share a common residence or will share one as of the date of this affidavit;
each of us has reached the age of majority;
each of us is capable of consenting to this domestic partnership;
neither of us is married to another or is part of another domestic partnership that has not been terminated, dissolved or adjudged a nullity;
we are not related by blood in a way that would prevent marriage under the laws of New Mexico;
the information contained in this affidavit is correct.
Applicant 1 Applicant 2
Date of birth: Date of birth:
_________________ ______________________
Place of birth: Place of birth:
_________________ _______________________
Present address: Present address:
_____________________________ ____________________________
_____________________________ ____________________________
_____________________________ ____________________________
Signature Signature
Subscribed and sworn to before me this ___ day of _________, 20__.
__________________________ By_________________________Deputy
Signature, County Clerk".
C. The license forms shall be substantially as follows:
"DOMESTIC PARTNERSHIP LICENSE
State of New Mexico, )
County of _____________ ) ss.
To any person authorized by law to acknowledge this domestic partnership or to perform a domestic partnership ceremony, this license certifies that the two persons below are authorized under the laws of the State of New Mexico to form a domestic partnership. You must return this license to be recorded within ninety days to the county in which the domestic partners signed a domestic partnership affidavit.
____________________________ of _____________________ and
Partner 1 Address
____________________________ of _____________________
Partner 2 Address
are hereby recognized as domestic partners.
Witness _____________________ _________________________
Signature of Witness 1 Witness 1 name, printed
Witness______________________ ___________________________
Signature of Witness 2 Witness 2 name, printed
Witness my hand this ____ day of _______________________, 20__.
__________________________
County Clerk
Recorded ________________, 20__, at ___ _.m.
in domestic partnership record book No. ___, page ___.
__________________________
County Clerk".
Section 8. LIBERAL CONSTRUCTION.--The Domestic Partner Rights and Responsibilities Act shall be liberally construed to carry out its purpose.
Section 9. SEVERABILITY.--If any part or application of the Domestic Partner Rights and Responsibilities Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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