BILL ANALYSIS
AB 2047
Page 1
ASSEMBLY THIRD READING
AB 2047 (Steinberg)
As Amended March 23, 2000
Majority vote
JUDICIARY 10-4
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|Ayes:|Kuehl, Aroner, Bock, | | |
| |Keeley, Jackson, Knox, | | |
| |Longville, Shelley, | | |
| |Steinberg, Wiggins | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ackerman, House, | | |
| |McClintock, Robert | | |
| |Pacheco | | |
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SUMMARY : Establishes intestate succession and related estate
administration rights of domestic partners. Specifically, this
bill expands the legal rights of a registered domestic partner
to include the right to inherit property if one partner dies
without a will, and to be appointed as administrator of his or
her deceased partner's estate, in the same priority position as
a surviving spouse.
EXISTING LAW :
1)Provides, under the intestate succession law, that the
surviving spouse is entitled to a specified share of the
decedent's separate property that is not effectively disposed
of by will. Provides for the appointment of a surviving
spouse, in a priority order over other relatives, as the
administrator of a decedent's estate.
1)Sets forth procedures for the establishment, registration and
termination of a domestic partnership between unmarried,
opposite-sex couples over the age of 62 or same-sex couples at
least 18 years old.
1)Does not recognize the right of a registered domestic partner
to inherit property if one partner dies without a will, or to
be appointed as administrator of his or her deceased partner's
estate.
AB 2047
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FISCAL EFFECT : Unknown
COMMENTS : This bill is part of a three-bill package, sponsored
by the California Alliance for Pride and Equality (CAPE), to
expand the legal rights of registered domestic partners. This
bill would expand the legal rights of a registered domestic
partner to include the right to inherit property if one partner
dies without a will, and to be appointed as administrator of his
or her deceased partner's estate, in the same priority position
as a surviving spouse.
According to the author, "AB 2047 will place registered domestic
partners in line to inherit property if one partner dies without
a will. The recent debate over Proposition 22 made clear that
most Californians believe that domestic partners have - and
deserve - rights they don't currently enjoy, including the right
to inherit property. AB 2047 is a modest step that will
strengthen families and protect the economic rights of people in
committed domestic partnerships."
According to the 1990 census, there are approximately 500,000
unmarried couples in California, 93% of which are heterosexual
couples and 7% are same-sex couples. Of the 500,000 unmarried
couples, 35,000 are senior citizen couples who are not married
because of Social Security or other pension restrictions. Based
on the March 1998 Current Population Survey, the United States
Census Bureau found that out of 5,911,000 unmarried couples
1,674,000 were same sex couples. While the data was not sorted
for couples over the age of 62, there were 188,000 opposite sex
couples over the age of 65.
AB 26 (Migden), Chapter 588, Statutes of 1999, became
California's first domestic partnership legislation. Chapter
588 establishes the right of a domestic partner and his or her
child and the domestic partner of a patient's parent to make
hospital visits to a patient. It also authorizes the California
Public Employees' Retirement System (CalPERS) to provide health
benefits to domestic partners of those state employees whose
bargaining units have agreed to the extended coverage, and to
domestic partners of local public agency employees whose agency
has requested such coverage from CalPERS.
Chapter 588 narrowly defines the legal effect of creating a
domestic partnership and expressly provides that registration of
AB 2047
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the domestic partnership does not establish any rights except
those specifically provided in the legislation, and that upon
termination of the partnership the partners shall incur none of
the obligations to each other that the bill would establish.
This bill seeks to expand the limited rights of a registered
domestic partner to include the legal right to inherit property
if one partner dies without a will, and to be appointed as
administrator of his or her deceased partner's estate, in the
same priority position as a surviving spouse.
Analysis Prepared by : Daniel Pone / JUD. / (916) 319-2334
FN: 0004307