Date: Tue, 7 Mar 1995 09:54:07 -0800 (PST) From: Franklin Weston THE STATE OF CALIFORNIA CALIFORNIA 1995-96 REGULAR SESSION ASSEMBLY BILL 627 INTRODUCED BY ASSEMBLY MEMBER KATZ FEBRUARY 21, 1995 1995 CA A.B. 627 VERSION: Introduced VERSION-DATE: February 21, 1995 SYNOPSIS: An act to add Division 2.5 (commencing with Section 297) to the Family Code, to add Section 1261 to the Health and Safety Code, and to amend Sections 1460, 1811, 1812, 1820, 1821, 1822, 1829, 1861, 1863, 1871, 1873, 1874, 1891, 1895, 2212, 2213, 2357, 2423, 2430, 2504, 2572, 2580, 2614.5, 2622, 2651, 2653, 2681, 2682, 2687, 2700, 2803, 2805, and 6240 of, and to add Section 37 to, the Probate Code, relating to human relationships. DIGEST: LEGISLATIVE COUNSEL'S DIGEST AB 627, as introduced, Katz. Domestic partnership: registration, termination, and rights thereof. (1) Existing law sets forth the requirements of a valid marriage, and specifies the rights and obligations of spouses during marriage. This bill would define "domestic partners" and provide for the registration of domestic partnerships with the Secretary of State. The bill would also specify procedures for the termination of domestic partnerships. The bill would prohibit a person who has filed a Declaration of Domestic Partnership from filing a new declaration until at least 6 months has elapsed from the date that a Notice of Termination of Domestic Partnership was filed with the Secretary of State in connection with the termination of the most recent domestic partnership, except where the previous domestic partnership ended because one of the partners died. The bill would require the Secretary of State to prepare forms for the registration and termination of domestic partnerships, and distribute these forms to each county clerk. The bill would require the Secretary of State to establish by regulation and charge fees for processing these forms. The bill would require these forms to be available to the public at the office of the Secretary of State and each county clerk. By increasing the duties of the county clerk, the bill would impose a state-mandated local program. This bill would provide that any domestic partnership entered into outside of this state, which would be valid by the laws of the jurisdiction under which the partnership was created, shall be valid in this state. (2) Existing law does not specify requirements concerning patient visitation in all health facilities. This bill would require a health facility to allow a patient's domestic partner and other specified persons to visit a patient, except under specified conditions. (3) Existing law provides for the establishment of conservatorships. This bill would revise and recast these provisions regarding conservatorships to provide for the participation of a domestic partner of the conservatee or proposed conservatee in these proceedings. The bill would require preference for selection of a conservator be given to the domestic partner and a person nominated by the domestic partner. The bill would require that a petition for conservatorship set forth the names and addresses of the domestic partner of the proposed conservatee or the names and addresses of any children of a predeceased domestic partner. The bill would require notice of a conservatorship hearing to be sent to the domestic partner of the proposed conservatee and would authorize the domestic partner to appear at the hearing in support or opposition to the petition. This bill would make conforming changes. (4) Existing law prescribes a statutory will form. This bill would revise the statutory will form to, among other things, provide for the inclusion of a domestic partner among the beneficiaries to whom the testator may indicate a desire to leave his or her principal residence, automobiles, household, and personal effects, or residuary estate. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $ 1,000,000 statewide and other procedures for claims whose statewide costs exceed $ 1,000,000. This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $ 1,000,000, shall be made from the State Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED Text within these symbols is deleted , OR THE DOMESTIC PARTNER OF THE CONSERVATEE, IF THE CONSERVATEE HAS A DOMESTIC PARTNER , DOMESTIC PARTNER, , DOMESTIC PARTNER, such THAT , DOMESTIC PARTER, AND A NOMINATION BY A DOMESTIC PARTNER BECOMES VOID UPON TERMINATION OF THE DOMESTIC PARTNERSHIP OR DOMESTIC PARTNER OR DOMESTIC PARTNER such THAT OR DOMESTIC PARTNER OR DOMESTIC PARTNER, OR DOMESTIC PARTNER OR DOMESTIC PARTNER OR DOMESTIC PARTNER he THE OR DOMESTIC PARTNER, IF ANY, OR DOMESTIC PARTNER , DOMESTIC PARTNER, interested person or OR OTHER INTERESTED PERSON , OR DOMESTIC PARTNER, such a THIS OF THE CONSERVATEE AND TO PROVIDE THE BASIC LIVING EXPENSES, AS DEFINED IN SECTION 297 OF THE FAMILY CODE, TO THE DOMESTIC PARTNER such such such OR DOMESTIC PARTNER , DOMESTIC PARTNER, , DOMESTIC PARTNER, OR DOMESTIC PARTNER or , THE DOMESTIC PARTNER, , ANY THE SPOUSE OR DOMESTIC PARTNER OF THE WITHIN THE SECOND DEGREE, OF THE SPOUSE OR DOMESTIC PARTNER AND OF THE RELATIVES OF THE such THIS such THE such THE , THE SPOUSE DOMESTIC PARTNER OF THE , OR DOMESTIC PARTNER such THE OR DOMESTIC PARTNER such such THE OR DOMESTIC PARTNER such which THAT OR DOMESTIC PARTNER such ALSO, THE DEBTS REASONABLY INCURRED BY THE CONSERVATEE DURING THE CONSERVATORSHIP TO PROVIDE THE BASIC LIVING EXPENSES, AS DEFINED IN SECTION 297 OF THE FAMILY CODE, TO THE DOMESTIC PARTNER OF THE CONSERVATEE. such THESE (i) (A) (ii) (B) (iii) (C) (iv) (D) (v) (E) such THE OF THE CONSERVATEE AND TO PROVIDE THE BASIC LIVING EXPENSES, AS DEFINED IN SECTION 297 OF THE FAMILY CODE, OF THE DOMESTIC PARTNER , , DOMESTIC PARTNER, THE SPOUSE OR DOMESTIC PARTNER OF THE OR DOMESTIC PARTNER (i) (A) (ii) (B) (iii) (C) (iv) (D) (i) (A) (ii) (B) (i) (A) (ii) (B) (iii) (C) OF THE WARD THE SPOUSE OR DOMESTIC PARTNER OF THE CONSERVATEE, such THE such A OF THE WARD THE SPOUSE OR DOMESTIC PARTNER OF THE CONSERVATEE, OF THE WARD THE SPOUSE OR DOMESTIC PARTNER OF THE CONSERVATEE, OF THE WARD THE SPOUSE OR DOMESTIC PARTNER OF THE CONSERVATEE, OR DOMESTIC PARTNER OR DOMESTIC PARTNER , THE DOMESTIC PARTNER, , OF THE WARD THE SPOUSE OR DOMESTIC PARTNER OF THE CONSERVATEE, which WHERE OF THE WARD OR THE SPOUSE OR DOMESTIC PARTNER OF THE CONSERVATEE OF THE WARD OR THE SPOUSE OR DOMESTIC PARTNER OF THE CONSERVATEE, A DOMESTIC PARTNER WILL NOT HAVE A RIGHT TO INHERIT YOUR PROPERTY WITHOUT A WILL. belong BELONGS , DOMESTIC PARTNER, A MEMBER OF A DOMESTIC PARTNERSHIP, or OF business related BUSINESS-RELATED profit sharing PROFIT-SHARING , DOMESTIC PARTNER, YOU MAY ALSO WANT TO CHANGE YOUR WILL IF YOU ENTER A DOMESTIC PARTNERSHIP OR YOUR DOMESTIC PARTNERSHIP HAS BEEN TERMINATED AFTER YOU SIGN THIS WILL. BE 21. WHAT IS A DOMESTIC PARTNER? YOU HAVE A DOMESTIC PARTNER IF YOU HAVE MET CERTAIN LEGAL REQUIREMENTS AND FILED A FORM ENTITLED "DECLARATION OF DOMESTIC PARTNERSHIP" WITH THE SECRETARY OF STATE. IF YOU HAVE NOT FILED A DECLARATION OF DOMESTIC PARTNERSHIP WITH THE SECRETARY OF STATE, YOU DO NOT MEET THE REQUIRED DEFINITION AND SHOULD NOT USE THE SECTION OF THE STATUTORY WILL FORM THAT REFERS TO DOMESTIC PARTNERS. IF YOU ARE UNSURE IF YOU HAVE A DOMESTIC PARTNER OR IF YOUR DOMESTIC PARTNERSHIP MEETS THE REQUIRED DEFINITION, PLEASE CONTACT THE SECRETARY OF STATE'S OFFICE.