BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 25
                                                                  Page  1

          Date of Hearing:   April 18, 2001

                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
                                 Paul Koretz, Chair
                     AB 25 (Migden) - As Amended:  April 5, 2001
           
          SUBJECT  :   Domestic partnerships.

           SUMMARY  :   Expands eligibility to register as a domestic partner  
          and provides additional legal rights to registered domestic  
          partners.  Specifically,  this bill  :  

          1)Authorizes an employee who is entitled under current law to  
            use sick leave to care for a child, stepchild, parent or  
            spouse, to also use his or her sick leave to care for a  
            domestic partner, or child of the domestic partner.

          2)Authorizes a domestic partner, to the same extent as a spouse,  
            to file a claim for disability benefits on behalf of his or  
            her partner when the partner is mentally unable to file the  
            claim.  This right is extended only when there is no other  
            legally authorized representative of the disabled person.

          3)Extends to a domestic partner the same entitlement as a spouse  
            to receive unemployment benefits if the reason for leaving his  
            or her employment is to move with a domestic partner to a new  
            location from which it is impractical to commute.

          4)Requires health plans and disability insurers to offer  
            employers coverage for domestic partners of employees, in the  
            same manner as other dependents.  If an employer elects to  
            provide coverage of domestic partners through a group health  
            plan or a group disability insurer, the bill requires that the  
            health plan or disability insurer that provides hospital,  
            medical or surgical expense benefits for employees also enroll  
            domestic partners in the same manner as other dependents.

          5)Extends to domestic partners the same state tax preferences  
            for health care costs that are available to spouses and  
            dependents of employees.

          6)Extends to domestic partners the right currently given to  
            family members and others to make medical treatment decisions  
            on behalf of a partner if the partner is in a health facility  
            and is incapable of giving informed consent.








                                                                  AB 25
                                                                  Page  2


          7)Authorizes a domestic partner to bring a cause of action and  
            recover damages for negligent infliction of emotional distress  
            and wrongful death, to the same extent that spouses are   
            entitled do so under California law.

          8)Authorizes a domestic partner to participate fully and have  
            standing to appear in conservatorship proceedings and be  
            appointed as conservator in the same manner as the spouse of a  
            conservatee or proposed conservatee.

          9)Allows a domestic partner the right to inherit property if one  
            partner dies without a will, and to be appointed as  
            administrator of his or her deceased partner's estate, in the  
            same priority position as a surviving spouse.

          10)Revises the statutory will form to include domestic partners  
            in the class of beneficiaries to whom a testator may leave  
            assets and property.

          11)Expands the group of individuals who may register as domestic  
            partners by allowing an opposite sex couple to register where  
            one of the partners is over the age of 62, provided they meet  
            the other specified requirements.  Current law requires both  
            partners to be over the age of 62. 

           EXISTING LAW  

          1)Requires an employer who provides sick leave for employees to  
            permit an employee to use a specified portion of the  
            employee's accrued sick leave to attend to the illness of a  
            child, parent, or spouse of the employee. 

          2)Provides, under specified circumstances, for unemployment  
            insurance for an employee who leaves a job to join the  
            employee's spouse at a place from which it is impractical to  
            commute.  

          3)Provides that the spouse of an employee eligible for  
            disability insurance may file a claim for disability benefits  
            on behalf of the employee if the employee is mentally unable  
            to file such a claim.

          4)Provides causes of action for a surviving spouse in wrongful  
            death, negligence and negligent infliction of emotional  








                                                                  AB 25
                                                                  Page  3

            distress.

          5)Provides for the establishment and administration of  
            conservatorships and establishes procedures for the nomination  
            and selection of a conservator. 

          6)Provides for the execution and use of a statutory will and for  
            the administration and disposition of the estate of a person  
            who dies without a will.

          7)Sets forth procedures for the establishment, registration and  
            termination of a domestic partnership between unmarried,  
            opposite sex couples over the age of 62 or same-sex couples at  
            least 18 years old.  (Family Code Section 297 et seq.)  Under  
            this scheme registered domestic partners are granted limited  
            rights in the areas of hospital visitation (Health and Safety  
            Code Section 1261) and health benefits if one of the partners  
            is a state worker.  (Government Code Section 22867 et seq.)


           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          1)With respect to labor and employment issues, this bill amends  
            several statutes related to sick leave, unemployment insurance  
            benefits, and disability insurance benefits to provide that  
            under such statutes a registered domestic partner has the same  
            rights as a spouse under current law. 

          2)In support of this measure, the Author states:  "Until the  
            enactment of AB 26 in 1999, same sex couples and their  
            families received no recognition under California law.  Even  
            with the enactment of the domestic partner registry with  
            hospital visitation rights and health benefits for public  
            employees, few substantive benefits are available to domestic  
            partners that register.  This bill would extend to domestic  
            partners substantive legal and economic benefits that married  
            spouses enjoy.  These are basic protections such as health  
            insurance coverage for many private sector employees, an end  
            to state taxation of domestic partner health benefits, the  
            right to medical decision making in the hospital, recognition  
            of domestic partners under the state's inheritance laws, the  
            right to sue for economic loss and emotional distress caused  
            by the death of a partner, the ability to use sick leave to  








                                                                  AB 25
                                                                  Page  4

            care for their families, and other important rights."

          3)In opposition to this measure, the Campaign for California  
            Families argues that this bill robs marriage of its uniqueness  
            by giving 11 different marriage benefits to non-spouses.  In  
            addition to undermining marriage between a man and a woman,  
            this bill is unnecessary because many of the benefits it seeks  
            can already be accessed through inexpensive legal contracts  
            and reasonable planning.  This bill also burdens private  
            businesses and taxpayers. The Traditional Values Coalition  
            (TVC) argues that the bill is an attempt to circumvent the  
            will of the majority of Californians who voted for Proposition  
            22 which, they claim, "declared that the rights and privileges  
            of marriage should not be extended to other forms of so-called  
            'unions." According to TVC, "any Domestic Partnership is an  
            automatic threat and deterrent to the institution of  
            marriage."  The state has no vested interest in advocating or  
            promoting domestic partnerships since they cannot give birth  
            to a family.

          4)AB 1338 (Koretz), pending in the Assembly Judiciary Committee,  
            is a "civil union" bill modeled after the Vermont law.  It  
            would provide that the rights and obligations of a civil  
            union, which could be entered into by any two persons, are the  
            same as those of a marriage.
           
            AB 2421 (Migden) of 2000, as introduced, would have expanded  
            the legal rights of domestic partners with regard to the right  
            to take sick leave, to collect unemployment insurance  
            benefits, and to file a claim for disability benefits.  Those  
            provisions were subsequently deleted from AB 2421 and replaced  
            with the same provision contained in this bill expanding the  
            group of individuals who can register as domestic partners to  
            include opposite sex couples where only one individual, rather  
            than both, is over the age of 62. That version of the bill was  
            passed by the Legislature but vetoed by Governor Davis. 

          5)Labor Code Section 233, which is related to sick leave  
            benefits is also being amended by SB 1197 (Romero).   This  
            conflict should be reconciled prior to final passage of these  
            measures.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 








                                                                 AB 25
                                                                  Page  5

           
          AARP
          AIDS Healthcare Foundation
          AIDS Project Los Angeles
          American Civil Liberties Union
          Bay Area Municipal Elections Committee
          Berkley City Council
          Board of Supervisors, City and County of San Francisco
          CA Church Impact
          California Alliance for Pride and Equality  (Sponsor)
          California Association for Counseling and Development
          California Faculty Association
          California HIV Advocacy Coalition
          California Labor Federation, AFL-CIO
          California Nurses Association
          California Professional Firefighters
          California School Employees Association
          California Teachers Association
          Cisco Systems
          City of West Hollywood
          Congregation KOL AMI
          Congress of California Seniors
          Consumer Attorneys Of California
          East Bay Municipal Utility District
          First Baptist Church of Berkeley
          Friends Committee on Legislation of California
          Frontiers Newsmagazine
          Gay and Lesbian Community Services Center of Orange County
          Gray Panthers of Sacramento
          Human Rights Campaign
          Human Rights/Fair Housing Commission, City and County of  
          Sacramento
          Inland Empire Lesbian and Gay Democratic Club
          Irvine United Church of Christ
          L. A. Gay & Lesbian Center
          Lambda Legal Defense and Education Fund, Inc.
          Law Offices of Jeffrey A. Mittman
          Law Offices of R. Todd Vlaanderen
          Legal Aid Society of San Francisco Employment Law Center
          Lesbian and Gay Immigration Rights Task Force
          Lightning Insurance Brokerage
          Loyola Law School Gay and Lesbian Law Association
          Mexican American Community Services Agency, Inc.
          National Association of Social Workers, California Chapter
          National Organization for Women








                                                                  AB 25
                                                                  Page  6

          New Dimensions Broadcasting Network
          Numerous individuals
          Office and Professional Employees, Local 3
          Older Women's League of California
          Pacific Pride Foundation
          Parents, Families and Friends of Lesbians and Gays (PFLAG)
          People for the American Way
          Pride at Work, AFL-CIO
          Project Freedom of Religion
          SAC L.E.G.A.L.
          San Diego Lesbian and Gay Men's Community Center
          San Francisco AIDS Foundation
          Service Employees International Union, Local 347
          Stonewall Democratic Club of the Central Coast
          Unitarian Universalist Church of Palo Alto
          University of California, Berkeley College Writing Programs
          Youth Leadership Institute

           Opposition 
           
          Calvary Church Santa Ana
          Calvary Chapel Chino Valley
          Campaign for California Families
          Capitol Resource Institute
          Christian Coalition of California
          Committee on Moral Concerns
          Constitutional Republican Women
          First Baptist Church, Taft
          Hope Chapel
          MVP Vacuum
          Numerous individuals
          Traditional Values Coalition
           
          Analysis Prepared by  :    Ralph Lightstone / L. & E. / (916)  
          319-2091