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New Bills Introduced to Extend NJ DP Rights

January 23, 2005

TRENTON — Three new bills have been introduced in the New Jersey Legislature to modify and extend the rights of New Jersey domestic partners.

A 3429, introduced on October 21, 2004 by Assemblywoman Loretta Weinberg (D-Bergen) and Assemblyman Reed Gusciora (D-Mercer) would provide a surviving domestic partner with the same rights as a surviving spouse in regard to a deceased partner's funeral. An identical bill, S 2083, was introduced in the New Jersey Senate on November 15, 2004 by Senator John Adler (D-Camden).

The bill ensures that domestic partners will have the right to claim and receive their deceased spouse's remains, unless the decedent has left written instructions otherwise. Passage of the bill would correct an important oversight in the Domestic Partnership Act, which would otherwise require same-sex couples to ensure that they left written instructions for the disposition of remains.

The Assembly bill has been referred to the Assembly Regulated Professions and Independent Authorities Committee and the Senate bill has been referred to the Senate Judiciary Committee.

S 2167, introduced on December 13, 2004 by Senators Adler and Nia Gill (D-Essex and Passaic) permits certain public entities that are not participating in the State Health Benefits Program (SHBP) to provide, at their option, dependent health benefits coverage to a person who is a domestic partner of an employee pursuant to the Domestic Partnership Act (N.J.S.A.26:8A-1 et seq.).

The entities to which this bill would apply include: municipal and county governments, local boards of education and county colleges whose employees are not enrolled in SHBP. The provisions of the bill would allow these entities to voluntarily provide dependent health benefits coverage to an employee's domestic partner on the same basis as a municipal or county governmental entity whose employees are enrolled in SHBP is already permitted to do under the Domestic Partnership Act.

The bill has been referred to the Senate Judiciary Committee.

A 3629, introduced on January 10, 2005 by Weinberg and Assemblyman Peter C. Eagler (D-Essex and Passaic) establishes the eligibility of property owned by a 100% disabled veteran and his or her domestic partner for the veterans' tax exemption. Under current New Jersey law, only a married couple is given this right.

To view copies of the bills, click on the following numbers (will take you to the New Jersey Legislature website).

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Posted by Stephen J. Hyland at January 23, 2005 7:35 AM