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McGreevey Signs Landmark Domestic Partnership Act into Law New Law Guarantees Fairness and EqualityPRESS RELEASE, Governor’s Office, Trenton, NJ from the Web, January 12, 2004TRENTON, NJ -- Governor James E. McGreevey signed the landmark Domestic Partnership Act into law today – making New Jersey one of only five states in the entire country to enact such a law. The historic legislation grants individuals, who have entered into an enduring, committed relationship, basic rights such as visiting a loved one in the hospital or the right to make critical health care decisions in emergency situations. The new law marks another major milestone in New Jersey’s long history of progress in civil rights and social justice. “The time has finally come when we can guarantee these individuals the basic civil rights they deserve,” said McGreevey. “This day will not only be remembered as a victory for civil rights, but also as the day New Jersey took a stand for fairness and for dignity.” “I want to commend the members of the New Jersey State Senate and General Assembly who supported this bill and acted so quickly to pass it,” said McGreevey. “I especially want to thank the sponsors: Richard J. Codey, Loretta Weinberg, Bonnie Watson Coleman, John McKeon, Joseph Roberts, and Anthony Impreveduto for their effort and hard work.” Under the Domestic Partnership Act, individuals who meet the series of standards -- including cohabitation and joint finances -- would be eligible to make critical health care decisions; visit a loved one in hospital; file for a state income tax deduction for dependents, as well as for a State inheritance-tax exemption. "This law is about providing access to some basic rights for people who should have access to them, plain and simple," said Senate Democratic President Richard J. Codey. "It's high time that all committed adult couples in New Jersey have access to the rights afforded by this law. The Domestic Partnership Act acknowledges committed couples in our state who are unable to marry for legal or serious financial reasons and provides them with the respect and equity they deserve." The legislation makes domestic partners of New Jersey State workers eligible to receive certain health care and retirement benefits. Domestic partners of private employees, as well as partners of other public employees including such entities as counties, municipalities and boards of education, would be eligible if the employer chooses to provide for such coverage. Those entities must however equally administer all benefits fairly. The bill also requires commercial health and dental insurers to extend eligibility for filing health insurance contracts to the individuals covered under the bill. "Today is a victory for unmarried same-sex and elderly heterosexual domestic partners who will no longer be denied hospital visitation, tax-related benefits or health insurance coverage if it is offered by employers," said Loretta Weinberg (D-Bergen). "The 'Domestic Partnership Act' helps committed domestic partners sharing their lives together overcome daily challenges. This law is about equality and fairness for domestic partners living in New Jersey." Those who wish to become domestic partners must be of the same sex and at least 18 years of age or must be at least 62 years of age and not of the same sex. Those qualifying individuals would need to complete and file an Affidavit of Domestic Partnership with their local registrar. The fee for filing such an affidavit will be determined by the Commissioner of Health and Senior Services at a later date. "Oftentimes, associated financial penalties prevent or dissuade domestic partners from marrying," said McKeon (D-Essex). "This law disavows age-old stereotypes that fail to recognize non-traditional, familial relationships and do not reflect emerging trends." If an individual does not follow the specified provisions of the bill and knowingly submits inaccurate information to the State, he or she could be subjected to civil penalties and fines up to $1000. If a local registrar knowingly submits a false Certificate of Domestic Partnership to the State, the local registrar could also face penalties and fines up to $500. "New Jersey joins the vanguard of states that protect domestic partners who are committed to sharing their lives together and nurturing caring families," said Watson Coleman (D-Mercer). "Personal and emotional relationships that are the foundation for many families-including domestic partners - should be respected in our communities." If the domestic partners wish to terminate the arrangement, the Superior Court would have jurisdiction over all proceedings relating to the termination of the partnership, including the division and distribution of jointly held property. "Life's everyday activities, such as paying taxes, seeking medical care or rendering legal decisions, should not be more complicated for domestic partners," said Roberts (D-Camden). "The Domestic Partnership Act eases restrictions that harm domestic partners, their children and surviving partners." The bill makes clear that while individuals in domestic partnerships share many of the same emotional and financial bonds as married couples; domestic partnership is clearly distinct from marriage. The bill draws two chief legal distinctions to reflect the differences. Property acquired by one partner during a domestic partnership is treated as the property of that individual, unlike in a marriage where joint ownership may arise by law. In addition, the status of domestic partnership neither creates nor diminishes individual partners' rights and responsibilities toward children, unlike in a marriage where both spouses possess legal rights and obligations with respect to any children born during the marriage. "Benefits and rights should not be denied based upon familial relationships. Recognizing domestic partnerships will ensure that committed same-sex couples have access to the benefits their employers offered to spouses and dependents in traditional families," said Impreveduto (D-Hudson). In accordance with the law, the bill takes effect on the 180th day after enactment. |
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