Endorsement of Enabling Legislation to Provide
Benefits to Domestic Partners

AS-2441-99/AA/FA/FGA - March 11-12, 1999

RESOLVED: That the Academic Senate of the California State University support such legislation as AB 26 (Migden): Domestic Partners that would define "domestic partners," provide for the registration and termination of domestic partnerships with the Secretary of State, and require a health facility to allow a patient’s domestic partner and other specified persons to visit the patient; and be it further

RESOLVED: That the Academic Senate CSU support such legislation as AB 107 (Knox): Public Employees’ Health Benefits: Domestic Partners that would authorize the Board of Administration of the Public Employees’ Retirement System (PERS) to provide health benefits plan coverage to state and local employers who "elect to include within the definition of family member, domestic partners, as defined, who have submitted certificates of eligibility to the board"; and be it further

RESOLVED: That the Academic Senate CSU urge members of the Legislature and the Governor of the State of California to support AB 26 (Migden) and AB 107 (Knox); and be it further

RESOLVED: That the Academic Senate CSU urge the Chancellor, Board of Trustees, California Faculty Association, campus presidents, and campus senates to support AB 26 (Migden) and AB 107 (Knox).

RATIONALE: The Academic Senate CSU has previously recognized the legitimacy of domestic partnerships and supported the extension of benefits to domestic partners of employees (AS-2196-94/AA & FA: Recognition of Domestic Partnership and Extension of Employee Benefits in the California State University to Domestic Partners and their Dependents) and supported legislation that would have provided for registration and termination of domestic partnerships (AS-2205-94/AA: Legislative Recognition of Domestic Partnership: Registration, Termination, and Rights Thereof). The Academic Senate CSU has also urged the Chancellor, the Board of Trustees, and California Faculty Association "to redress the fundamental unfairness of policies that exclude domestic partners and their dependents from employee benefits" and urged the parties to bargain for agreements that provide for employee benefits to domestic partners and their dependents (AS-2196-94/AA & FA).

AB 26 (Migden): Domestic Partners defines "domestic partners" and provides for a Declaration of Domestic Partnership with the Secretary of State and establishes conditions for termination of a domestic relationship. It also adds to the Health and Safety Code the requirement that a health facility "allow a patient’s domestic partner, the children of the patient’s domestic partner, and the domestic partner of the patient’s parent or child to visit" unless specified conditions prevail, such as no visitors are allowed, the visit would endanger the health or safety of the patient, the patient does not want the person to visit, and restrictions on visitation (viz., hours of visitation, number of visits).

AB 107 (Knox): Public Employees’ Health Benefits: Domestic Partners authorizes the Board of Administration of the Public Employees’ Retirement System to provide health benefits plan coverage to state and local employers who elect to include domestic partners within the definition of "family member." It also defines "domestic partner" and termination provisions for said partnership in nearly parallel form as are provided in AB 26 (Migden).

APPROVED – March 11-12, 1999



 
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