NJ DP Legislative Update

March 22, 2005

TRENTON, NJ — Several bills affecting New Jersey domestic partners continued to advance in the legislature. These include bills that include domestic partners as proxies for mental health decisions, extend a property tax exemption to the domestic partners of New Jersey disabled veterans, provide decedent rights for domestic partners, and permit more local public bodies to provide domestic partner benefits.

The New Jersey Advance Directives for Mental Health Care Act was introduced on February 24, 2005 that would allow individuals to execute advance directives in regard to their mental health care, and to designate their spouse or registered domestic partner as their proxy for mental health care decisions. A 3833 has extensive support and is expected to pass easily. On March 1, 2005, the bill was favorably reported out of the Assembly Health and Human Services Committee and is scheduled for a second reading. An identical bill, S 2369, was introduced in the Senate on March 1, 2005 and was referred to the Senate Health, Human Services and Senior Citizens Committee.

The current status of other legislation affecting domestic partners in New Jersey is as follows:

A 3429 - Provides that surviving domestic partners shall have same rights as surviving spouse with respect to decedent's funeral. On March 1, 2005, the bill was reported favorably out of the Assembly Regulated Professions and Independent Authorities Committee and will go for a second reading in the Assembly. It is expected to pass. An identical bill, S2083, was referred to the Senate Judiciary Committee.

A 3629 - Establishes eligibility of property owned by 100% disabled veteran with domestic partner for veterans' property tax exemption. On March 7, 2005, this bill was reported out of the Assembly Military and Veterans' Affairs Committee with Amendments, and referred to the Assembly Appropriations Committee.

S 2167 - Permits local public entities to provide health benefits to domestic partners of non-SHBP participating employees. This bill, which fixes a problem with benefits for certain public employees was introduced on December 13, 2004. On February 3, 2005, it was reported favorably out of the Senate Judiciary Committee and scheduled for a second reading. On March 14, the Senate adopted floor amendments that clarified that domestic partner benefits would continue during retirement and to allow public entities to extend or withdraw such benefits.