BILL ANALYSIS
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 26
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 26 (Migden)
As Amended September 7, 1999
Majority vote
ASSEMBLY: 41-38 (May 27, 1999)
SENATE: 22-14 (September 9, 1999)
Original Committee Reference: HEALTH
SUMMARY : Provides for the definition, registration and
termination of a domestic partnership with the Secretary of
State, provides an option for state and local public employers
to extend health benefits to domestic partners under the Public
Employees' Medical and Hospital Care Act (PEMHCA), and specifies
domestic partner hospital visitation rights.
The Senate amendments delete the Assembly-approved provision
requiring health plans and disability insurers to offer the
option of domestic partner health care benefits as an elective
coverage option to contracting employers and guaranteed
associations and instead make technical changes and:
1)Find and declare that it is the intent of the Legislature to
provide hospitals and health facilities with the authority to
administer visitation policies that apply equally to spouses,
registered domestic partners, and other immediate family
members.
2)Specify that in order to be eligible as domestic partners, two
individuals must be of the same sex or be of the opposite sex,
over the age of 62, and eligible for either social security or
SSI, as specified.
3)Provide that the domestic partnership shall not change the
character of or create any rights to property, as specified,
nor does it change individual income or estate tax liability
of each domestic partner, as specified.
4)Delete a provision specifying that any domestic partnership
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 26
Page 2
entered into outside of this state shall be valid in this
state, as specified.
5)As of July 1, 2000, preempt any local ordinance or law that
provides for the creation of a domestic partnership, unless
the law or ordinance offers rights within that jurisdiction
that are in addition to the rights and duties set forward in
this bill, as specified.
6)Specify certain circumstances in which a domestic partner
shall also be considered a "family member."
7)Prohibit an individual from applying for benefits both as an
employee and as a domestic partner.
8)Provide that an employee or annuitant shall present proof of
domestic partnership in order to receive the benefits
established by this bill. Provide that the employee or
annuitant may be required to provide reimbursement for costs
incurred as a result of inaccurate information, as specified.
Require the employee or annuitant to provide notice, as
specified, of the termination of a domestic partnership.
9)Authorize any employer or contracting agency to offer health
benefits to the domestic partners of employees and annuitants.
Make certain requirements of each employer or contracting
agency in order to comply with this bill. Provide this
benefit is available to the following: represented state
employees, as specified; members of the Public Employees
Retirement System (PERS) who are employed by the Assembly, the
Senate and the California State University, as specified;
members of PERS who are employees of the judicial branch,
judges and justices, as specified; and other state employees
and officers who are not represented in bargaining units, as
specified.
10)Authorize an employer to require reimbursement from an
employee for any additional costs associated with the benefit
provided.
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 26
Page 3
11)Provide for a one-time open enrollment period for employees
to begin benefits for their domestic partners.
EXISTING LAW:
1)Authorizes, under PEMHCA, the Board of Administration of
California PERS to provide health benefits plan coverage to
state and local public employees and annuitants and their
family members.
2)Provides, by regulation, that a patient of a general acute
care hospital may designate visitors regardless of
relationship, as specified. Regulation also provides that a
patient of a general acute care hospital may designate
visitors in writing, should the patient later lack the
capacity to make such a designation known.
AS PASSED BY THE ASSEMBLY , this bill provided for the
definition, registration and termination of a domestic
partnership and required health plans and health insurers to
include an offer of domestic partner health care benefits as an
elective coverage option.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, $118,000 in fiscal year (FY) 1999-2000, $29,000 in FY
2000-01, and $54,000 in FY 2001-02, from the General Fund (GF)
for Secretary of State (SOS) registration costs; fee revenue of
$50,000 in FY 1999-2000, $100,000 in FY 2000-01, and $150,000 in
FY 2001-02, to GF. Unknown costs to employers for health
benefits. AB 26 does not require employers to provide this
coverage. However, if elected, the state contribution will be
significant, determined by the number of participants. SOS will
have to design two forms, the Registration of Domestic
Partnership and the Termination of Domestic Partnership.
Initial start-up costs result from developing the regulations
for fees and the design, printing and distribution of the two
forms. Ongoing costs include processing requests for
registration. SOS expects the filing fee to be approximately
$10 and the revenue generated will exceed costs after the
initial start-up.
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 26
Page 4
COMMENTS : This bill was substantially amended in the Senate.
The amendments adopted in the Senate are consistent with
policies approved by the Assembly in this bill and in AB 107
(Knox).
Analysis Prepared by : Ellen McCormick / HEALTH / (916) 319-2097
FN: 0003632