BILL ANALYSIS
AB 205
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 205 (Goldberg)
As Amended August 21, 2003
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |41-32|(June 4, 2003) |SENATE: |23-14|(August 28, |
| | | | | |2003) |
-----------------------------------------------------------------
Original Committee Reference: JUD.
SUMMARY : Seeks to extend most of the rights and
responsibilities available to spouses solely available under
state law to registered domestic partners. Specifically, this
bill :
1)Provides that registered domestic partners shall have the same
rights, protections, and benefits, and shall be subject to the
same responsibilities, obligations, and duties under law as
are granted to and imposed upon spouses. (All further
references to domestic partners refer to registered domestic
partners.)
2)Provides that former domestic partners shall have the same
rights, protections, and benefits, and shall be subject to the
same responsibilities, obligations, and duties under law as
are granted to and imposed upon former spouses.
3)Provides that a surviving domestic partner, following the
death of the other partner, shall have the same rights,
protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law as are
granted to and imposed upon a widow or a widower.
4)Provides that the rights and obligations of domestic partners
with respect to a child of either of them shall be the same as
those of spouses and the rights and obligations of former or
surviving domestic partners with respect to a child of either
of them shall be the same as those of former or surviving
spouses.
5)Repeals existing law providing for termination of a domestic
partnership under specified circumstances and instead provides
that a domestic partnership may be terminated in one of two
AB 205
Page 2
ways: a) Filing a Notice of Termination of Domestic
Partnership with the Secretary of State provided that certain
conditions are met (similar to those required in a summary
dissolution under Family Code Section 2400), including, among
other things, that there are no children involved and the
domestic partnership is not more than five years in duration;
or, b) Commencing proceedings for dissolution, nullity, or
legal separation in superior court.
6)Requires the Secretary of State (SOS) to notify currently
registered domestic partners of the bill's changes to law and
makes related and conforming changes to the definition of
"domestic partner".
7)Provides that in filing their state income tax returns,
domestic partners shall use the same filing status as is used
on their federal income tax returns, or that would have been
used had they filed federal income tax returns.
The Senate amendments ensure that courts have jurisdiction over
any proceedings related to a domestic partner's rights and
obligations, make other clarifying changes and delete the bill's
provisions permitting domestic partners to file joint or
separate state income tax returns.
AS PASSED BY THE ASSEMBLY , this bill did not contain the
specific Senate amendments noted above and permitted domestic
partners to file joint or separate state income tax returns.
FISCAL EFFECT : According to the Senate Appropriations analysis,
the California Public Employees Retirement System notes that
costs for increased benefit eligibility associated with this
bill would be minor and would not result in an increase in rates
or actuarial assumptions. Domestic partners already have rights
with respect to health benefits, which is the most costly area.
This bill will increase costs for contracting agencies, because
it eliminates a contracting agency's discretion in providing
health coverage for domestic partners of its employees and
annuitants. Assuming an additional 600 enrollees at an annual
cost of $2,400 per enrollee, costs to employers and employees
could be $1.8 million annually. A precise figure for the
additional cost to employers of this extended coverage is not
possible, because public agencies have different employer
contribution amounts.
AB 205
Page 3
COMMENTS : This bill seeks to extend most of the rights and
responsibilities available to spouses solely under state law to
domestic partners. In support, the author states the bill:
?[provides] a critical, urgently needed measure of equity
to registered domestic partners. These couples today
enjoy less than twenty rights under California law. Yet
they experience the same range of life challenges as
married couples do. They pool their financial resources
to make ends meet. They raise their children. They care
for elderly relatives. They cope with illness,
incapacity and, eventually, death. Some of them separate
and disagree about their respective obligations. There
is no good reason to deny these couples the legal rights
and duties that have been designed to help families care
for each other and cope with crises.
Granting the substantial rights and proportional
responsibilities provided for by this bill will further
the State's interest in promoting stable and lasting
family relationships. It will not, however, create
equality. Far from it. Until same-sex couples have
access to the full range of legal protections at both the
state and federal level, through the same institution
with all of the same ceremonies and respect as
different-sex couples, they will continue to experience
very substantial economic and practical hardships and
discrimination. Though it will not create equality, this
bill nonetheless will improve the lives of many thousands
California families in tangible, important ways.
Analysis Prepared by : Saskia Kim / JUD. / (916) 319-2334
FN: 0003167