BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2700|
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                                 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  
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          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.

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          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  :  

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          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

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