Text of NJ S 1728 (2010)

SENATE, No. 1728 STATE OF NEW JERSEY 214th LEGISLATURE INTRODUCED MARCH 11, 2010 Sponsored by: Senator JOSEPH PENNACCHIO District 26 (Morris and Passaic) SYNOPSIS Clarifies certain protections for civil union couples. CURRENT VERSION OF TEXT As introduced. An Act concerning civil unions and amending P.L.2006, c.103 and supplementing P.L.1971, c.136 (C.26:2H-1 et seq.). Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 5 of P.L.2006, c.103 (C.37:1-32) is amended to read as follows: 5. The following list of legal benefits, protections and responsibilities of spouses shall apply in like manner to civil union couples, but shall not be construed to be an exclusive list of such benefits, protections and responsibilities: a. laws relating to title, tenure, descent and distribution, intestate succession, survivorship, or other incidents of the acquisition, ownership or transfer, inter vivos or at death, of real or personal property, including but not limited to eligibility to hold real and personal property as tenants by the entirety; b. causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss of consortium, or other torts or actions under contracts reciting, related to, or dependent upon spousal status; c. probate law and procedure, including nonprobate transfer; d. adoption law and procedures; e. laws relating to insurance, health and pension benefits; f. domestic violence protections pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) and domestic violence programs; g. prohibitions against discrimination based upon marital status; h. victim's compensation benefits, including but not limited to compensation to spouse, children and relatives of homicide victims; i. workers' compensation benefits pursuant to chapter 15 of Title 34 of the Revised Statutes, including but not limited to survivors' benefits and payment of back wages; j. laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification, and any rights guaranteed to a hospital patient pursuant to P.L.1989, c.170 (C.26:2H-12.7 et seq.) or a nursing home resident pursuant to P.L.1976, c.120 (C.30:13-1 et seq.); k. advance directives for health care and designation as a health care representative pursuant to P.L.1991, c.201 (C.26:2H-53 et al.); l. family leave benefits pursuant to P.L.1989, c.261 (C.34:11B-1 et seq.); m. public assistance benefits under State law, including, but not limited to: Work First New Jersey benefits pursuant to P.L.1997, c.38 (C.44:10-55 et seq.); medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); Supplemental Security Income pursuant to P.L.1973, c.256 (C.44:7-85 et seq.); pharmaceutical assistance pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.) and P.L.2001, c.96 (C.30:4D-43 et seq.); hearing aid assistance pursuant to P.L.1987, c.298 (C.30:4D-36 et seq.); and utility benefits pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.) and P.L.1981, c.210 (C.48:2-29.30 et al.); n. laws relating to taxes imposed by the State or a municipality including but not limited to homestead rebate tax allowances, tax deductions based on marital status or exemptions from realty transfer tax based on marital status; o. laws relating to immunity from compelled testimony and the marital communication privilege; p. the home ownership rights of a surviving spouse; q. the right of a spouse to a surname change without petitioning the court; r. laws relating to the making of, revoking and objecting to anatomical gifts pursuant to P.L.1969, c.161 (C.26:6-57 et seq.); s. State pay for military service; t. application for absentee ballots; u. legal requirements for assignment of wages; [and] v. laws related to tuition assistance for higher education for surviving spouses or children; w. laws related to funeral arrangements and disposition of human remains; and x. laws related to financial information and banking. (cf: P.L.2006, c.103, s.5) 2. (New section) Health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall adopt and implement identical policies and procedures with respect to medical care and treatment, hospital visitation and notification for civil union partners as are provided for spouses. 3. This act shall take effect immediately. STATEMENT This bill would clarify current protections for civil union couples in the areas of funeral arrangements, hospital visitation and financial information and banking. Under current law civil union couples are afforded all of the legal benefits, protections and responsibilities of spouses of the opposite sex. In practice this is not always the case. Therefore, in order to reinforce those protections this bill would add laws relating to funeral arrangements and financial information and banking to the enumerated, but not exclusive, list of legal benefits, protections and responsibilities owed to civil union partners. In addition, this bill would provide that licensed health care facilities would be required to adopt and implement identical policies and procedures with respect to medical care and treatment, hospital visitation and notification for civil union partners as are provided for spouses.