BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 75
                                                          Page  1

Date of Hearing:   August 18, 1999

              ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                    Carole Migden, Chairwoman

           SB 75 (Murray) - As Amended: July 15, 1999 

Policy Committee:                               
JudiciaryVote:10-5

Urgency:     No                   State Mandated Local  
Program:YesReimbursable:          Yes

  SUMMARY  :

This bill:

1)Provides for the registration of domestic partners, as  
  defined, with the Secretary of State (SOS) and authorizes the  
  SOS to charge fees in order to cover registration costs.  

2)Requires, when applicable, that a Notice of Termination of  
  Domestic Partnership be filed with the SOS.  Establishes  
  rights for domestic partners regarding hospital visitation and  
  participation in conservatorship proceedings affecting a  
  partner.  

3)Preempts local ordinances creating domestic partnerships  
  before July 2000, but allows local jurisdictions to adopt  
  ordinances or policies offering additional rights to domestic  
  partners.

  FISCAL EFFECT  :

The SOS estimates first-year costs of about $130,000--to develop  
the registration and termination forms and to implement the  
program-and ongoing costs of about $60,000.  These costs would  
be fully-offset by registration fees established by the SOS.

  COMMENTS  :

  1)Purpose  . The author states that SB 75 is "designed to aid,  
  strengthen, protect, and promote committed family  
  relationships."  According to the author, hundreds of  
  thousands of Californians cohabit without the benefit of  








                                                          SB 75
                                                          Page  2

  marriage, though their relationships could be as stable as  
  those of married couples. Recognizing the status of domestic  
  partners would give heterosexual and same-sex partners basic  
  rights in the areas of health care and conservatorships.  

  2)Background  . At the time of the 1990 census, there were  
  approximately 500,000 unmarried couples in California, 93  
  percent of which were heterosexual couples and 7 percent  
  same-sex couples.  Of the 500,000 unmarried couples, 35,000  
  were senior citizen couples who were not married because of  
  social security or other pension restrictions.  In California,  
  12 cities, four counties, and 10 university systems have  
  domestic partnership policies.  In addition, 129 for-profit,  
  not-for-profit and union organizations in the state have  
  chosen to provide benefits to domestic partners.  

  3)Opposition  . Opponents of this bill state that the bill is  
  unnecessary and that the  recognition of domestic partnerships  
  would devalue true family commitments. The Capitol Resource  
  Institute, Sacramento strongly opposes SB 75 because it  
  believes that the bill "will undermine the institution of  
  marriage and family.  By and large, 'domestic partners' are  
  overwhelmingly same-sex couples.  By equating homosexual  
  partner, or any unmarried partner, with the time-honored  
  status of married spouse, the institution of marriage will be  
  weakened and undermined."  

  4)Related Legislation  .  In 1997, AB 54 (Murray), which is very  
  similar to this bill, died on the Assembly Floor.  AB 26  
  (Migden), pending referral from the Senate Rules Committee, is  
  very similar to this bill but also authorizes the state Public  
  Employees Retirement System to extend health coverage to state  
  and local public employees who register as domestic partners.

  Analysis Prepared by  :    Chuck Nicol / APPR. / (916)319-2081