Title: An act relating to protecting individuals in domestic partnerships by granting certain rights and benefits.

Brief Description: Protecting individuals in domestic partnerships by granting certain rights and benefits.

Sponsors: Representatives McDermott, Jarrett, Pedersen, Moeller, Upthegrove, Clibborn, Darneille, Simpson, Schual-Berke, Williams, Hasegawa, Dickerson, Hunt, Kenney, Sommers, McIntire, McCoy, Roberts, Hudgins, Ormsby, Sells, Kirby, Fromhold, Blake, Eickmeyer, Haigh, Lovick, Ericks, Dunshee, B. Sullivan, P. Sullivan, Wallace, Kagi, Flannigan, Kessler, Pettigrew, Wood, Quall, Conway, Hankins, Chase, O'Brien, Eddy, Appleton, Hunter, Lantz, Springer, Walsh, Grant, Takko, Goodman, Morris, Cody, Santos, Miloscia and Linville.

Hearing Date: 1/31/07

Staff: Trudes Tango (786-7384).

Background:

The issue of rights for domestic partners has been addressed by some cities and other states. Three states have state-wide domestic partnership laws that provide some of the same rights to domestic partners as are provided to spouses. Many of these rights involve issues with health care, incapacity, and death.

In Washington, a spouse may provide informed consent for health care for a patient who is not competent to consent. Health care providers may disclose a patient's health care information without the patient's consent to immediate family members, which includes a spouse, or other individuals with whom the patient is known to have a close personal relationship. Spouses have certain rights regarding cemetery plots and burial in family plots. Spouses have the authority to consent to autopsies and make anatomical gifts. If a person dies without a will, his or her spouse has certain inheritance rights and rights to administer the decedent's estate.

Many cities and some states offer domestic partnership benefits to their employees. In Washington, the same sex domestic partner of a state employee is eligible to participate in the Public Employees Benefits Board (PEBB) insurance coverage if the partners have been together continuously for a minimum of six months, share the same regular and permanent residence, have a close personal relationship, have agreed to be jointly responsible for basic living expenses, and meet other conditions.

Under the federal social security laws, a person 62 years of age or older may be eligible to collect retirement benefits on a former spouse's social security record. The person loses former spouse benefits if the person remarries.

Summary of Bill:

A domestic partnership registry is created in the Secretary of State's office. The Secretary must create the necessary forms. The forms must be made available at the Secretary of State's office, through the county clerks, and on the internet.

Eligibility: Two persons seeking to enter into a state registered domestic partnership must:

• share a common residence;
• be at least 18 years old;
• not be married to someone other than the other party to the domestic partnership and not be in a state registered domestic partnership with another person;
• be capable of consenting to the domestic partnership;
• not be nearer of kin than second cousins nor be a sibling, child, grandchild, aunt, uncle, niece, or nephew of the other person; and
• either be members of the same sex or at least one person is at least 62 years old.

Registration: Persons who meet the eligibility requirements may file a signed, notarized declaration of state registered domestic partnership with the Secretary and pay a filing fee. The Secretary must provide a certificate of state registered domestic partnership to each party. The Secretary must permanently maintain records of filed declarations and submit a copy of each declaration and certificate to the state registrar of vital statistics. The Secretary shall establish the filing fee to cover its costs, provided the fee does not exceed $50.

Domestic partnerships created by other public entities: Domestic partnerships created by public entities other than the state are not affected by, nor considered to be, state registered domestic partnerships. If a public entity chooses, it may use the declaration of state registered domestic partnership to satisfy the public entity's registration requirements. The Secretary shall give the parties the option of having a copy of the declaration sent to the public entity.

Domestic partnerships, civil unions, and reciprocal beneficiary relationships created by other states are recognized as state registered domestic partnerships, provided the parties are not nearer of kin to each other than second cousins or related to each other by blood so as to preclude marriage.

Termination: A state registered domestic partnership may be terminated by either party filing a signed, notarized notice of termination with the secretary and paying a filing fee. If the notice of termination is not signed by both parties, the party seeking termination must also file an affidavit stating either: (a) the other party has received written notice that a termination notice is being filed; or (b) the other party could not be found after reasonable effort and notice was made by publication in a newspaper of general circulation in the county where the residence most recently shared by the partners is located.

Upon receipt of the notice of termination, filing fee, and affidavit (if required), the Secretary shall register the notice of termination and provide a certificate of termination to each party. The termination is effective 90 days after the date of filing the notice and paying the filing fee. A state registered domestic partnership is automatically terminated if either party subsequently enters into a marriage that is recognized as valid in this state.

Rights extended to state registered domestic partners: State registered domestic partners have the same rights as spouses regarding the following:

• visitation rights in health care facilities;
• ability to provide informed consent for health care when the patient is not competent;
• right to receive health care information about a patient without the patient's authorization when the health care provider finds it necessary to disclose such information;
• title and rights to cemetery plots and rights of interment;
• ability to authorize dissection and autopsy of deceased partner;
• right to receive autopsy reports and to request to meet with the coroner to discuss autopsy findings;
• ability to control the disposition of remains when no pre-death arrangements were made by the deceased;
• ability to make anatomical gifts;
• inheritance rights if partner dies without a will; and
• administration of a deceased partner's estate if there is no will or the personal representative in the will declines or is unable to serve.

In addition, the appointment of one domestic partner as the other partner's attorney in fact in a power of attorney is revoked when the domestic partnership is terminated. A designation of a partner as the beneficiary to the other partner's nonprobate asset is revoked upon the termination of the domestic partnership, unless a court order requires otherwise.

For state employees, a certificate of state registered domestic partnership satisfies the eligibility requirements for same sex domestic partner benefits under the PEBB.

Appropriation: None.

Fiscal Note: Requested on January 18, 2007.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.