BILL ANALYSIS
SB 75
Page 1
SENATE THIRD READING
SB 75 (Murray)
As Amended July 15, 1999
Majority vote
SENATE VOTE :23-14
JUDICIARY 10-5 APPROPRIATIONS 14-7
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|Ayes:|Kuehl, Aroner, Bock, |Ayes:|Migden, Cedillo, Davis, |
| |Corbett, Jackson, Knox, | |Hertzberg, Kuehl, Papan, |
| |Longville, Shelley, | |Romero, Shelley, |
| |Steinberg, Wiggins | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Longville |
|-----+--------------------------+-----+--------------------------|
|Nays:|Rod Pacheco, Ackerman, | | |
| |House, McClintock, Robert |Nays:|Brewer, Ackerman, |
| |Pacheco | |Ashburn, Battin, |
| | | |Maldonado, Runner, Zettel |
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SUMMARY : Implements the Domestic Partnership Act of 1999,
enacting a statutory scheme for the registration of domestic
partnerships. Specifically, this bill :
1)Recognizes domestic partnerships validly entered into and
recognized in other jurisdictions, and preempts all local
ordinances and laws creating domestic partnerships within the
state on or after July 1, 2000, permitting the retention or
adoption only of those policies, ordinances, or laws that
provide rights to domestic partners in addition to those
provided by this bill. All domestic partnerships created
before that date would remain valid, provided that a
Declaration of Domestic Partnership (Domestic Partnership) is
filed by the domestic partners under Section 298.5, but they
would be governed by the provisions of this bill.
2)Requires the Secretary of State (SOS) to provide forms for the
registration and termination of domestic partnerships, to
distribute such forms in each county, and to establish and
charge fees for the actual costs of processing these forms.
3)Requires a Notice of Termination of Domestic Partnership
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(Notice of Termination) to be filed with SOS by mailing a
completed form to SOS via certified mail, and to be sent to
all third parties to whom a copy of Domestic Partnership had
been given. The date of the receipt of the Notice of
Termination will be deemed the actual termination date of the
Domestic Partnership. Termination of a partnership would
occur under specified circumstances:
4)Expressly provides that registration of the Domestic
Partnership would not establish any rights except those
specifically provided in the bill, and that upon termination
of the Domestic Partnership the partners shall no longer incur
the obligations created by this bill.
5)Defines "domestic partners" as "two adults who have chosen to
share one another's lives in an intimate and committed
relationship of mutual caring," and who meet all of the
following:
a) Both persons have a common residence;
b) Both persons agree to be jointly responsible during the
partnership for each other's basic living expenses,
including food, shelter, utilities, and all other costs
directly related to the maintenance of the common
residence;
c) Neither person is married or a member of another
domestic partnership;
d) The two adults are not related to each other such that
they could not be married to each other under existing law;
e) Both persons are at least 18 years of age;
f) Both persons file a Domestic Partnership with SOS, as
provided;
g) Both persons are capable of consenting to the Domestic
Partnership; and,
h) Neither person has previously filed a Domestic
Partnership with SOS that has not been terminated under
Section 299.
6)Requires health facilities to allow domestic partners, their
children, and the domestic partner of a patient's parent to
visit a patient in the facility, except where no visitors are
allowed or under other specified conditions.
7)Changes the Probate Code to accord domestic partners the right
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to be notified of conservatorship proceedings, to give
domestic partners preference in the court's selection of a
conservator, and generally to participate in all actions
concerning a conservatee who is a domestic partner; changes
the Statutory Will form to allow for the selection of domestic
partners as beneficiaries under the Will.
FISCAL EFFECT : Unknown
COMMENTS : 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 marriage, though
their relationships could be as stable as those of married
couples. Especially for senior citizens, cohabitation with a
trusted friend, male or female, could provide them with the
companionship, security and independence they need at this time
of their lives. Many senior citizens do not marry due to
restrictions on social security or other pension benefits that
would affect their incomes.
The only obligations the domestic partners would have to each
other would be those that would create the domestic partnership.
Although this bill would make changes to the Statutory Will, a
simple document available at stationery stores statewide, the
changes would not confer any rights to the domestic partner that
current law does not already provide. Just as the testator can
write in any name he or she wishes, the testator can write his
or her domestic partner's name into the will as a beneficiary of
his or her estate. The changes simply place the "domestic
partner" (i.e., the phrase, not the name) inside any box where
the "spouse" (i.e., the word, not the name) appears. Placing
the domestic partner in the same box as the spouse does not
legally elevate the stature of the domestic partner to that of a
spouse, but proponents claim this would make it easier for a
domestic partner to will his or her estate to the other partner.
Analysis Prepared by : Syrus Devers and Sabina Jacobs / JUD. /
(916) 319-2334
FN: 0002308