BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 54  
                                                         Page 1

Date of Hearing:  April 2, 1997

                  ASSEMBLY COMMITTEE ON JUDICIARY
                       Martha Escutia, Chair

          AB 54 (Murray) - As Amended:  March 31, 1997  

  SUBJECT  :  DOMESTIC PARTNERSHIP.

  KEY ISSUE  :  SHOULD THE STATE ADOPT A STATUTORY SCHEME FOR THE  
REGISTRATION OF DOMESTIC PARTNERS?

  SUMMARY  :  This bill would authorize state recognition of domestic  
partners.  Among other things, it requires that domestic partners  
share a common residence, agree to be jointly responsible for each  
other's basic living expenses, be at least 18 years of age, and  
file a Declaration of Domestic Partnership (DDP) with the  
Secretary of State.  It also requires health facilities to allow a  
patient's domestic partners and relatives of a domestic partner.   
Specifically,  this bill  :    

1) Defines domestic partners and provides that a domestic  
partnership shall be established when all of the following occur:

    a)  Both persons have a common residence.

    b)  Both persons agree to be jointly responsible for each  
       other's basic living expenses during the domestic  
       partnership.

    c)  Neither person is married or a member of another domestic  
       partnership.

    d)  The two persons are not related by blood in a way that  
       would prevent them from being married to each other in this  
       state.

    e)  Both persons are at least 18 years of age.        

    f)  Both persons file a Declaration of Domestic Partnership  
       (DDP) with the Secretary of State.

2) Provides for the registration of domestic partners with the  
   Secretary of State by:  a) requiring the Secretary of State to  
   provide forms for establishing and terminating domestic  
   partnerships; and b) allowing the Secretary of State to  
   establish, regulate and charge fees for the actual costs of  
   processing the above forms.

3) Prohibits a person from filing a new DDP until at least six  
   months after the date that a Notice of Termination of Domestic  
   Partnership (NTDP) has been filed with the Secretary of State  
   (unless the previous domestic partnership ended as the result  
   of the death of one of the partners).

4) Requires health facilities to allow a patient's domestic  







                                                          AB 54  
                                                         Page 2

   partners, the children of the patient's domestic partner, and  
   the domestic partner of a patient's parent or child to visit  
   with the patient.

5) Adds references to domestic partners to the numerous references  
   to a spouse, other relatives or the spouses of other relatives  
   throughout the 
Probate Code provisions regarding conservatorship and statutory  
wills (e.g., Probate Code sections providing who shall receive  
notice of proceedings; who may qualify as, or nominate, a  
conservator; whose living expenses may be paid from the estate of  
a conservatee; and who may be named as a beneficiary in a  
statutory will).  

 EXISTING LAW  :

1) Does not provide for state recognition of unmarried  
   individuals.

2) Provides a statutory scheme within the Probate Code for the  
   appointment, description of rights and responsibilities, and  
   termination of appointment of conservators and guardians.

3) Provides for a statutory will with appropriate forms. 

4) Does not require health facilities to allow non-family members  
   to visit with a patient.

  FISCAL EFFECT  :  Unknown

  COMMENTS  :  This bill essentially mirrors legislation introduced by  
Assemblyman Katz and vetoed by the Governor in 1994 (AB 2810) and  
reintroduced by Assemblyman Katz and held in this Committee in  
1995 (AB 627) to provide for the statutory recognition of domestic  
partners in California. 

According to the 1990 U.S. Census report, there were a total of  
10,399,700 households in California.  Of these, 495,223  
(approximately 5%) consist of unmarried couples.  Of the  
households consisting of unmarried couples:  a) 93% are  
opposite-sex couples; and b) 7% are same-sex couples.  

There are approximately 35,000 senior citizen couples in  
California, which constitutes approximately 7% of the total number  
of unmarried partners.

According to the author, the growing numbers of non-traditional  
families make the recognition of domestic partnerships  
increasingly imperative.  The author states:

   "While there is much talk today about the need for strong  
   families and family values, most of this talk fails to  
   recognize that there are currently hundreds of thousands of  
   families in California that do not consist of a married couple.  
    We simply cannot afford to ignore these families."








                                                          AB 54  
                                                         Page 3

  The California Medical Association  (CMA) supports those provisions  
of the bill that establish rights for non-marital partners in the  
conservatorship process and permit hospital visitation.  CMA  
states that:  

   "Recognizing the changing nature of interpersonal  
   relationships, many hospitals have already changed their  
   visitation policies and no longer restrict visitors to  
   'immediate family only.'  It is the position of CMA that all  
   health care facilities should remove such restrictions.  There  
   is no acceptable justification that exists for refusing a sick  
   or dying individual the emotional comfort of visits from a  
   non-spousal partner or companion."

  The California State Employees' Association  (CSEA) states that a  
growing number of state employees, and Californians as a whole,  
are living in family 
relationships that do not mirror the traditional ideal.  Many  
households are headed by single women; others include emotional  
and financial partnerships between two people who have not  
married, whether of the same or opposite sex.  CSEA states that  
this bill simply would recognize that the family unit exists in  
more than one form. 

  California National Organization for Women  (NOW) believes this  
bill will ensure that cohabitating couples are treated like  
families.  NOW states that this bill provides for the protection  
of committed, loving families.

  LIFE, California's Lesbian/Gay and AIDS Lobby  states that under  
current law gay and lesbian couples may not enter into civil  
marriage contracts.  Yet, many lesbian and gay couples need to  
enter into a state recognized civil contract to properly care for  
each other and their children.  This bill would provide these  
unmarried couples with the option of registering as domestic  
partners, affording each:  hospital visitation rights and  
conservatorship rights.

They have found that the impact of not having a state sanctioned  
relationship can be devastating.  If a partner is hospitalized,  
the other partner does not have hospital visitations rights or the  
right to make decisions regarding care.  Under current law the  
partner, regardless of the length of the relationship or  
commitment, has the legal standing of a roommate.  With regard to  
conservatorship, one's family has the jurisdiction to obtain legal  
custody of a person before the long-term partner.  In the climate  
of homophobia that many gay and lesbian couples must live in, the  
threat of separation becomes real when long-term disease or mental  
incapacity becomes an issue.  Recognized domestic partner policy  
is crucial for committed couples who have no other options.  

  Planned Parenthood Affiliates of California  (PPAC) strongly  
supports this bill.  They believe this legislation would encourage  
the supportive public climate necessary to ensure social,  
economic, and political rights for all individuals.  








                                                          AB 54  
                                                         Page 4

  The American Civil Liberties Union (ACLU) believes that this bill  
will "begin the process of ending marital status discrimination in  
current state law."  The ACLU concludes that this legislation will  
recognize the "reality of the family relationships of many of our  
state's residents and ending the disadvantageous treatment now  
afforded these non-married couples."  

  The California Nurses Association  (CNA) also supports this bill,  
stating that many persons reside with and have a deep, caring  
relationship with another person who for whatever reason is not  
their spouse or family member.  

  The National Association of Social Workers  (NASW) believes that  
"the least California can do for all people is legally empower  
them to rely on one another in health care emergencies and other  
critical situations."  

  The Traditional Values Coalition  (Coalition) opposes this bill  
because the Coalition believes it lays the foundation for the  
overturning of the marriage codes in all 50 states which they say  
is a stated objective of the Gay and Lesbian Task Force.  The  
Coalition claims that there are economic considerations, once you  
offer domestic partners legal status, and many businesses will be  
hurt.  In opposing domestic partnerships, the Coalition argues  
that "there is more likely to be greater understanding of the need  
for extramarital outlets between two men than between a man and a  
woman."  They also state that "there is no expectation or intent  
that these relationships be 
monogamous such as is expected of spouses."  

  The Committee on Moral Concerns  (CMC) opposes this bill because it  
believes the recognition of domestic partnerships devalues family  
commitment and lends an air of legitimacy to the "most dangerous  
lifestyle in America."  CMC asserts there are three categories of  
people who will use the provisions of this bill and makes the  
following claims:

a) The most numerous group who will register under this bill,  
   would likely be homosexual and lesbian couples.  As it relates  
   to them, they argue there is no primary caretaker/primary  
   breadwinner relationship as with married couples.  Each already  
   is free and able to get his or her own job, write a will and  
   live with whom he or she pleases.  For this group, they claim,  
   there is no need for this bill.

b) The second group of individuals who CMC states will register as  
   domestic partners are heterosexual couples.  However, they  
   argue, if these traditional couples are unwilling to commit to  
   each other in a real marriage, the taxpayer supported state  
   government should not commit to their relationship either.

c) The last group whom CMC predicts will register are roommates.   
   CMC states that it would be a violation of the constitutional  
   right to privacy to attempt to determine the intimacy level of  
   roommates to see if they fall into one of the first two  
   categories.  Therefore, they will be covered by various  







                                                          AB 54  
                                                         Page 5

   domestic partner job benefits that will follow if this bill  
   becomes law.

  The Secretary of State  opposes this bill because he argues it is  
inappropriate for his state agency to develop and operate a filing  
program for domestic partnership registration.  He also argues  
that the bill does not provide adequate funds to offset  
substantial costs he says his office will incur to develop  
regulations and distribute and process domestic partnership forms.  


  Issues  :  

1) Should the filing of domestic partnerships be made at the local  
rather   than state level?                               

In opposing this bill, the Secretary of State urges the bill be  
amended to require that domestic partnerships be filed at the  
local level rather than at the Secretary of State's Office.  He  
states his office is not familiar with the filing and recording of  
these types of "vital statistics," whereas localities have  
traditionally recorded and maintained these records.  He also  
notes that currently the cities of North Hollywood, Sacramento,  
and San Francisco provide for filing of domestic partnerships with  
their city or county record units.  In addition, he suggests that  
requiring domestic partners to register with the state rather than  
localities would be more burdensome for them than the procedure  
provided married couples, "who can walk into a local governmental  
facility to obtain a marriage license."

2) Should the proposed statutory registration scheme pre-empt  
local        ordinances?

As noted above, several local governments already provide for the  
filing of domestic partnerships.  In prior versions of this  
legislation, a provision had been added stating the state  
registration scheme shall, from some date forward, pre-empt all  
local ordinances covering domestic partners except those 
that offer rights in addition to those provided under the state  
scheme.  
The author's office has indicated a willingness to adopt an  
amendment in committee clarifying that the state registration  
process shall pre-empt all local domestic partner ordinances  
except those that offer rights in addition to those provided under  
the state scheme.     

  Prior Related Legislation  :  AB 167 of 1991 (Burton): Would have  
removed the requirement that individuals who wish to marry be of  
opposite sexes.  Held in the Assembly Judiciary Committee.

AB 2810 of 1994 (Katz):  Original version of this legislation.   
Vetoed by the Governor, who wrote in his veto message that "the  
changes sought can all be made without creating in law a  
substitute for marriage." 

AB 627 of 1995 (Katz):  Reintroduction of original legislation.   







                                                          AB 54  
                                                         Page 6

Held in this Committee.

AB 1982 of 1995 (Knight): Would have prohibited California from  
recognizing same gender marriages from other states.  Dropped by  
the author in the Senate.

SB 1159 (Hayden) and AB 1209 (Knox) of 1995:  Would have allowed  
CalPERS to recognize domestic partners for health benefits.  Died  
in PERS Committee.

SB 2075 of 1996 (Haynes): Similar to AB 1982 of 1995.  Died on the  
Senate Floor.

AB 3332 of 1996 (Kuehl): Would have provided domestic partner  
benefits for school employees under CalPERS and STRS.  Died in  
PERS Committee.

  Current Related Legislation  :  AB 427 (Knox):  Same as AB 1209 of  
1995. 

AB 800 (Margett):  Prohibits California from recognizing same  
gender marriages from other states should they become legal.

AB 1059 (Migden):  Requires health insurers to offer domestic  
partnership benefits under their plans.

SB 841 (Hayden):  Prohibits the state from contracting with any  
contractor that does not provide domestic partner benefits that  
are of equal value to those benefits provided to spouses.

SB 911 (Knight):  Identical to AB 800. 
 
  REGISTERED SUPPORT / OPPOSITION  :

  Support                          Opposition  

American Assoc. of Retired PersonsCommittee on Moral Concerns
Older Women's League of CA      Bill Jones, Secretary of State
American Civil Liberties Union  Grace Lutheran Church & School
CA Medical Assoc.               God's Family Church
National Assoc. of Social WorkersTraditional Values Coalition
CA's Lesbian/Gay & AIDS Lobby   Fellowship of Fundamental  
Baptists  
  & Institute                     of Northern CA
CA School Employees Assoc.      Hamilton Square Baptist Church
Faculty Assoc. of CA Community  Lucerne Christian Conference  
Center
  Colleges, Inc.                Iglesia Biblica Fundamental
American Jewish Congress
CA Nurses Assoc.
CA Arts Advocates
Friends Committee on Legislation
  of CA
United Transportation Union
Unity Pride Coalition of 
  Ventura County







                                                          AB 54  
                                                         Page 7

CA State Employees Assoc.
Congress of CA Seniors
La Mesa-Foothills Democratic Club
Area Agency on Aging
Santa Barbara Stonewall 
  Democratic Club
County of Orange - Human 
  Relations Commission
Southern CA Physicians for
  Human Rights
Southern CA Psychiatric Society Committee
  on Gay, Lesbian, and Bi Issues
CA Commission on Aging
Triple-A Council of California (TACC)
Planned Parenthood of California

  Analysis prepared by  :  Drew Liebert / ajud / (916) 445-4560