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