BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2700| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2700 Author: Ma (D) Amended: 4/5/10 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE : 3-1, 06/22/10 AYES: Corbett, Hancock, Leno NOES: Harman NO VOTE RECORDED: Walters SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 47-26, 05/06/10 - See last page for vote SUBJECT : Domestic partner registration: termination SOURCE : Equality California Conference of California Bar Associations DIGEST : This bill permits couples that are both married and registered domestic partners to dissolve both unions in a single court proceeding. This bill would further clarify that, in a dissolution proceeding, courts may dissolve out-of-state, same-sex marriages recognized in California. ANALYSIS : Existing law provides that the dissolution or nullity of a domestic partnership and legal separation of domestic partners must follow the same procedures, and the partners must possess the same rights, protections, and CONTINUED AB 2700 Page 2 benefits and be subject to the same responsibilities, obligations, and duties, as apply to the dissolution or nullity of a marriage or legal separation of spouses, except as provided. (Fam. Code Sec. 299.) Existing law provides for a simplified process to terminate a registered domestic partnership if specified conditions are met, including that the union lasted not more than five years and there are no children of the relationship. (Fam. Code Sec. 299.) Existing law provides for a simplified process to dissolve a marriage if specified conditions are met, including that the union lasted not more than five years and there are no children of the relationship. (Fam. Code Sec. 2400.) Existing law permits the court, in a proceeding for dissolution or nullity of a marriage or for legal separation of the parties, to determine, among other things, the status of the marriage. (Fam. Code Sec. 2010.) Existing law provides that, notwithstanding any other provision of law, a marriage between two persons of the same sex contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state if the marriage was contracted prior to November 5, 2008. (Fam. Code Sec. 308.) Existing law specifies that, notwithstanding any other provision of law, two persons of the same sex who contracted a marriage on or after November 5, 2008, that would be valid by the laws of the jurisdiction in which the marriage was contracted, shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, as specified, as are granted to and imposed upon spouses, with the sole exception of the designation of "marriage." (Fam. Code Sec. 308.) This bill permits parties to a registered domestic partnership who are also married to each other to petition the court to dissolve both their domestic partnership and their marriage in a single proceeding. CONTINUED AB 2700 Page 3 This bill requires the Judicial Council to develop a form for the above-described proceeding. This bill clarifies that, in a dissolution proceeding, courts may dissolve out-of-state, same-sex marriages recognized in California. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/2/10) Equality California (co-source) Conference of California Bar Associations (co-source) American Civil Liberties Union Asian Law Caucus California Communities United Institute Out & Equal Workplace Advocates Public Advocates Sacramento Lawyers for the Equality of Gays and Lesbians Transgender Law Center ARGUMENTS IN SUPPORT : According to the author's office: If couples [who are both legally married and registered domestic partners] choose to terminate their legal relationship, they must file two petitions in the Superior Court of California, pay two filing fees (at a cost of $710), and prosecute or consolidate the two separate proceedings to both dissolve their marriage and terminate their domestic partnership. This dual termination process is unnecessarily burdensome and costly to the parties, involving consolidation motions and additional unnecessary legal hurdles. This additional cumbersome process will often take 1-2 years longer to take place in the courts, which unnecessarily wastes judicial resources. ASSEMBLY FLOOR : CONTINUED AB 2700 Page 4 AYES: Ammiano, Arambula, Beall, Blakeslee, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Monning, Nava, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Yamada, John A. Perez NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill, Conway, Cook, DeVore, Emmerson, Fuller, Gaines, Garrick, Hagman, Harkey, Jeffries, Knight, Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra Strickland, Tran, Villines NO VOTE RECORDED: Bass, Block, Evans, Fletcher, Gilmore, Mendoza RJG:nl 8/3/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED