BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 54  
                                                         Page 1

ASSEMBLY THIRD READING
AB 54 (Murray)
As Amended May 1, 1997
Majority vote  
                                                   
  JUDICIARY            10-4        APPROPRIATIONS    11-6           

Ayes: Escutia, Aroner, Caldera,  Ayes: Migden, Baca, Cardenas,  
Kuehl,
      Figueroa, Floyd, Keeley, Kuehl   Martinez, Papan, Perata,  
      Ortiz, Shelley, Villaraigosa     Shelley, Sweeney, Thomson,
                                       Villaraigosa
      
Nays: Morrow, Baugh, McClintock, Nays: Poochigian, Ackerman,  
Aguiar,
      Pacheco                          Bordonaro, Olberg, Thompson

  SUMMARY  :  Authorizes 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 partner and relatives of a domestic partner to visit with  
the patient.  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; and f) both persons  
   file a Declaration of Domestic Partnership (DDP) with the  
   Secretary of State (SOS).

2) Provides for the registration of domestic partners with the SOS  
   by:  a) requiring the SOS to provide forms for establishing and  
   terminating domestic partnerships; and b) allowing the SOS 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 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 patient's domestic  
   partner, the children of the patient's domestic partner, and  











                                                          AB 54  
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   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. 

6) Clarifies that the proposed new statewide registration scheme  
   pre-empts local ordinances except insofar as the local  
   ordinances offer greater protections than the statewide  
   registration scheme. 

  EXISTING LAW  :

1) Does not provide for state recognition of unmarried individuals  
   living in the same household.

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 AB 2810 (Katz) of 1994,  
which was vetoed, and AB 627 (Katz) of 1995, which was held in the  
Assembly Judiciary Committee, 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 constitute 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  
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  Analysis prepared by  :  Drew Liebert / ajud / (916) 445-4560




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