BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2216|
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THIRD READING
Bill No: AB 2216
Author: Keeley (D), et al
Amended: 6/29/02 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-2, 6/25/02
AYES: Escutia, Kuehl, O'Connell, Sher
NOES: Ackerman, Haynes
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 41-29, 5/20/02 - See last page for vote
SUBJECT : Intestate succession: domestic partners
SOURCE : California Alliance for Pride and Equity
DIGEST : This bill allows a surviving domestic partner to
inherit his or her deceased partners separate property that
passes intestate in the same manner as the surviving spouse
of an intestate decedent. This provision becomes effective
on July 1, 2003.
The bill requires the Secretary of State to mail, on or
before March 1, 2003, a specified notice to registered
domestic partners about the change in the intestate
succession law that this bill would make, and, commencing
on January 1, 2003, to provide the same specified notice to
potential domestic partnership registrants.
ANALYSIS : Existing law defines "domestic partners" as
CONTINUED
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"two adults who have chosen to share one another's lives in
an intimate and committed relationship of mutual caring"
and who file a Declaration of Domestic Partnership with the
Secretary of State. The law allows domestic partnerships
only to same-sex couples over the age of 18, or to
opposite-sex couples where at least one of the domestic
partners is over the age of 62 and is eligible for old-age
social security benefits, who are not blood relatives, not
married to others, not members of another domestic
partnership, and who share a common residence and agree to
be jointly responsible for each other's basic living
expenses incurred during the partnership. A domestic
partnership, once registered, may be terminated by either
party by sending a notice to the other party, and filing a
Notice of Termination of Domestic Partnership to the
Secretary of State. A domestic partnership also is
terminated if one partner dies or marries.
This bill would require the Secretary of State, on or
before March 1, 2003, to mail a specified notice to
registered domestic partners regarding the intestate
succession laws of the state and the changes to that law
that this bill would make, and beginning on January 1,
2003, to provide the same notice to potential domestic
partnership registrants and to post the notice on the
Secretary of State's website from where a Domestic
Partnership Registration Form may be downloaded.
Existing law provides that the separate property of a
decedent who dies intestate is to be distributed to a
surviving spouse as follows: (1) the entire estate if
there is no surviving issue, parent, brother, sister, or
child of a predeceased brother or sister; (2) one-half of
the estate if there is one surviving child or issue of one
deceased child or if there is no issue but there is a
surviving parent or parents or their surviving issue or the
issue of either of them; (3) one-third of the estate if the
decedent leaves more than one child, or leaves one child
and the issue of one or more deceased children, or leaves
issue of two or more deceased children. [Probate Code
Section 6401.]
This bill would allow a surviving registered domestic
partner to inherit his or her partner's separate property
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that passes intestate in the same manner as the surviving
spouse of an intestate decedent. The bill would make a
conforming change in another Probate Code Section governing
intestate succession if the intestate decedent leaves no
surviving spouse.
This provision of the bill would become effective on July
1, 2003.
Background :
Under the state's intestate succession laws, any property
of a decedent that was not disposed of by will passes to
the decedent's heirs as prescribed by statute [Probate
Section Code 6400.]
It is well established in case law that "succession to
estates is purely a matter of statutory regulation, which
cannot be changed by the courts," Estate of Griswold (2001)
25 Cal.4th 904, and that the heirs of a person are those
whom the law appoints to succeed at his or her death to his
or her estate in case of intestacy [Witkin, Summary of
California Law, 9th Ed. Section 127, citing Dickey v.
Walrond (1927) 200 C. 335 and Estate of Jones (1934) 3
C.A.2d 395.] The courts have also distinguished clearly
between "heirs" who are appointed by the law, and "next of
kin," or "kin," who are related to the decedent by blood.
AB 26 (Migden, Chapter 588, Statutes of 1999) statutorily
recognized domestic partnerships in the State of California
and provided the manner by which such partnerships may be
formed, registered, and terminated. AB 26 gave limited
legal effect of such partnerships and provided no rights to
domestic partners other than to allow hospital visitation
rights to domestic partners and health benefits to domestic
partners of public employees. The Secretary of State
reports that there currently are 13,000 domestic
partnerships registered in the state.
AB 25 (Migden, Chapter 893, Statutes of 2001) expanded
California law on domestic partnerships and conferred on
registered domestic partners various rights, privileges and
standing conferred by the state on married couples. Among
those rights and privileges are the right to assert a cause
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of action for wrongful death, the right to receive
continued health care coverage as a surviving beneficiary
of the decedent, the right to make health care decisions
for an incapacitated partner, the right to adopt a child of
his or her partner as a stepparent, the right to file a
claim for disability benefits for his or her partner in the
same manner as a spouse may file such a claim, and the
right to be nominated and appointed as conservator of an
incapacitated partner. AB 25 contained the same intestate
succession provision that AB 2216 now contains. However,
the intestate succession provision was deleted at the
Governor's request before he signed AB 25 into law.
AB 2216 would establish a domestic partner's statutory
right to inherit from the separate property estate of a
deceased partner as his or her heir under the intestate
succession laws, in the same manner as a surviving spouse
inherits separate property of a spouse who died without a
will.
Prior legislation :
AB 25 (Migden) passed the Senate Floor 23-11, 9/10/2001 and
became Chapter 893, Statutes of 2001.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/6/02)
California Alliance for Pride and Equity (source)
American Civil Liberties Union (ACLU)
California Alliance for Pride and Equality (CAPE)
California Chapter of the National Association of Social
Workers
(NASW-CA)
California HIV Advocacy Coalition, Southern California
Region
California Coalition for Youth
California National Organization for Women
California School Employees Association
Congress of California Seniors
Domestic Partners Inheritance Rights
Human Rights/Fair Housing Commission of the City and County
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of
Sacramento
Gray Panthers
Lambda Legal
Lambda Letters Project
San Francisco Aids Foundation
National Center for Lesbian Rights (NCLR)
California Judges Association
Approximately 200 individuals
OPPOSITION : (Verified 8/6/02)
Committee on Moral Concerns
Capitol Resource Institute
Campaign for California Families
ARGUMENTS IN SUPPORT : Proponents of this bill provide
many anecdotes and cases in litigation relating to rights
of domestic partners to inherit or manage the estate of
their deceased partners. A particularly tragic one
involves the surviving domestic partner of one of the
flight attendants on American Airlines Flight 11 that
crashed into the World Trade Center in New York on
September 11. Because Mr. Collman, the deceased partner,
left no will, his entire estate will go to his parents, who
are his legal heirs, despite the fact that the domestic
partners had lived together for 11 years and had registered
with the state once the Domestic Partnership Act was
enacted. Further, American Airlines refused to recognize
the surviving domestic partner, Mr. Bradkowski, for
purposes of employee death benefits provided to heirs, even
though he was named as beneficiary for other purposes.
Finally, regulations governing the federal September 11th
victim compensation fund recognize as a qualified
representative or beneficiary of a victim only those
entitled to inheritance under state laws. Governor Davis'
Executive Order D-54-02, issued to recognize domestic
partners for purposes of assistance and compensation as
victims of violent crime and to urge the Special Master to
consider various provisions of state law that confer rights
to domestic partners, has not been given force and effect
for purposes of the federal September 11th compensation
fund, according to proponents.
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ARGUMENTS IN OPPOSITION : The Campaign for California
Families opposes AB 2216 because "the rights of marriage
are only for a man and a woman committed in marriage. That
was the sentiment of the people of the State of California
when they voted overwhelmingly to pass Proposition 22, the
Protection of Marriage Initiative?The state should
strengthen, not weaken, the sacred institution of marriage.
This bill is a poor substitute for purportedly responsible
"domestic partners" who could have and should have utilized
private and inexpensive means to establish wills that are
rock-solid. Even beyond undermining the value of marriage
and the sentiment of the people, AB 2216 is unnecessary in
the era of responsible adults?A trip to Staples or Office
Depot is all that is needed to acquire inexpensive legal
forms for wills, making intestate succession unnecessary."
The Committee on Moral Concerns argues that, "This bill
would equalize domestic partnerships with marriages in
intestate succession. The Committee on Moral Concerns
opposes this bill for the following reasons:
1. "Domestic partnerships should never approach equal
relations with marriages. For senior citizen
heterosexuals, if they want to get married, they may do
so. If they opt instead for domestic partner
registration, they may do that. Domestic partnerships
are vastly different from marriages, and they should
remain so.
2. "Gay and lesbian couples may or may not register as
domestic partners. They can create their own wills in
any manner they choose. There is no need for this bill.
3. "Death often comes in an instant. It seldom comes with
adequate warning. Truly, none of us will get out of this
alive. Any person not covered under standard intestate
succession laws should write a will."
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Calderon, Canciamilla, Cardenas,
Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz, Dutra,
Firebaugh, Frommer, Goldberg, Hertzberg, Jackson, Keeley,
Kehoe, Koretz, Liu, Longville, Lowenthal, Migden, Nakano,
Nation, Negrete McLeod, Oropeza, Papan, Pavley, Salinas,
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Simitian, Steinberg, Strom-Martin, Thomson, Vargas,
Wayne, Wiggins, Wright, Wesson
NOES: Aanestad, Ashburn, Bates, Bogh, Briggs, Bill
Campbell, John Campbell, Cogdill, Cox, Daucher,
Dickerson, Florez, Harman, Hollingsworth, Kelley, La
Suer, Leach, Leonard, Leslie, Maldonado, Mountjoy, Robert
Pacheco, Rod Pacheco, Pescetti, Runner, Strickland,
Wyland, Wyman, Zettel
RJG:jk 8/6/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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