BILL ANALYSIS                                                                                                                                                                                                    







                                                          AB 54  
Date of Hearing:  April 16, 1997

               ASSEMBLY COMMITTEE ON APPROPRIATIONS
                     Carole Migden, Chairwoman

               AB 54 (Murray) - As Amended:  4/8/97 
 
Policy Committee:  JUDIDICARY                   Vote:  10 - 4

Urgency:  No      State Mandated Local Program:  YesReimbursable:   
Yes                                                                 


  SUMMARY  

This bill authorizes state recognition of domestic partners.

Specifically,  this   bill  :
 
1) Defines domestic partners and provides for a Declaration of  
   Domestic Partnership (DDP) to be established when:
   
   a) The persons have a common residence and agree to be jointly  
   responsible for each other's basic living expenses.
       
   b) Neither person is married or a member of another domestic  
   partnership.
   
   c) They are not related by blood in a way preventing marriage  
   to each other in this state and are at least 18 years of age.
   
   d) Both file a (DDP) with the Secretary of State.

2) Provides for registration of domestic partners with the  
   Secretary of State (SOS), providing the provision of  
   partnerships and authorizing fees for the  costs of processing  
   the forms.

3) Prohibits filing a new DDP until at least six months after  
   filing a Notice of Termination of Domestic Partnership (NTDP)  
   with the SOS (unless the previous domestic partnership ended as  
   the result of the death of one of the partners).

4) Requires health facilities to allow a domestic partner, the  
   children of the domestic partner, and the domestic partner of a  
   patient's parent or child to visit the patient.

5) Adds references to domestic partners to the numerous sections  
   of the Probate Code regarding conservatorship and statutory  

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                                                          AB 54  
   wills.

  FISCAL EFFECT  

1) Costs to the Secretary of State for creation and provision of  
   forms 
    would be offset by fees.  The Secretary of State states his  
budget is   inadequate to cover the costs to develop the  
regulations to administer this  program.  
   The costs of regulations development normally would be  
addressed        through the annual budget process and amoritized  
into registration fees.

2) Negligible local reimbursable costs for distribution of forms  
   provided by 
    the Secretary of State. 
 
  BACKGROUND  

This bill is nearly identical to AB 2810 (Katz), 1984, which  
passed both houses but was vetoed by the governor; and to AB 627  
(Katz), 1995, which was held in Assembly policy committee.   
Extensive background is included in the Judiciary Committee  
analysis.

There are 25 organizations registering support for this measure  
and 9 organizations registering opposition.  The Judiciary  
Committee analysis includes summaries of comments in support and  
in opposition to this bill.




















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