BILL NUMBER: SB 11	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Migden

                        DECEMBER 4, 2006

   An act to amend Section 297 of the Family Code, and to amend
Section 2854 of the Probate Code, relating to domestic partnerships.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 11, as introduced, Migden. Domestic partnerships.
   Existing law provides that 2 unmarried, unrelated adults with a
common residence may establish a domestic partnership by filing a
declaration with the Secretary of State if both persons are members
of the same sex or are over 62 years of age.
   This bill would delete that latter same-sex or age eligibility
requirement, thereby allowing any 2 persons who meet the other,
specified criteria to register as domestic partners. The bill would
also make a nonsubstantive, technical, and conforming change to an
unrelated provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 297 of the Family Code is amended to read:
   297.  (a) Domestic partners are two adults who have chosen to
share one another's lives in an intimate and committed relationship
of mutual caring.
   (b) A domestic partnership shall be established in California when
both persons file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division, and, at the time of
filing, all of the following requirements are met:
   (1) Both persons have a common residence.
   (2) Neither person is married to someone else or is a member of
another domestic partnership with someone else that has not been
terminated, dissolved, or adjudged a nullity.
   (3) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
   (4) Both persons are at least 18 years of age. 
   (5) Either of the following:  
   (A) Both persons are members of the same sex.  
   (B) One or both of the persons meet the eligibility criteria under
Title II of the Social Security Act as defined in 42 U.S.C. Section
402(a) for old-age insurance benefits or Title XVI of the Social
Security Act as defined in 42 U.S.C. Section 1381 for aged
individuals. Notwithstanding any other provision of this section,
persons of opposite sexes may not constitute a domestic partnership
unless one or both of the persons are over the age of 62. 

   (6) 
    (5)    Both persons are capable of consenting
to the domestic partnership.
   (c) "Have a common residence" means that both domestic partners
share the same residence. It is not necessary that the legal right to
possess the common residence be in both of their names. Two people
have a common residence even if one or both have additional
residences. Domestic partners do not cease to have a common residence
if one leaves the common residence but intends to return.
  SEC. 2.  Section 2854 of the Probate Code is amended to read:
   2854.  (a) This chapter does not apply to any public conservator
or public guardian with regard to his or her official acts in that
capacity.
   (b) This chapter does not apply to any conservator, guardian, or
trustee when the person is related to the conservatee, ward, or
trustor by blood, marriage, adoption, registered domestic
partnership, or a relationship that satisfies the requirements of
 subdivision   subdivisions  (a) and
 paragraphs (1) to (4), inclusive, and paragraph (6) of
subdivision  (b) of Section 297 of the Family Code.
   (c) This chapter does not apply to any trustee who is serving for
the benefit of not more than three people or not more than three
families, or a combination of people or families that does not total
more than three. The number of trust beneficiaries does not count for
the purposes of calculating if a trustee falls within this
exclusion. A trust excluded under subdivision (a) or (b) does not
count for the purpose of calculating if a trustee falls within this
exclusion. For the purposes of this subdivision, family means people
who are related by blood, marriage, adoption, registered domestic
partnership, or a relationship that satisfies the requirements of
 subdivision   subdivisions  (a) and
 paragraphs (1) to (4), inclusive, and paragraph (6) of
subdivision  (b) of Section 297 of the Family Code.
   (d) This chapter does not apply to any conservator or guardian who
is not required to file information with the clerk of the court
pursuant to Section 2340, to any person or entity subject to the
oversight of a local government, including an employee of a city,
county, or city and county, or to any person or entity subject to the
oversight of the state or federal government, including an attorney
licensed to practice law in the State of California who acts as
trustee of only attorney client trust accounts, as defined in Section
6211 of the Business and Professions Code.
   (e) This chapter does not apply to any conservator who resided in
the same home with the conservatee immediately prior to the condition
or event that gave rise to the necessity of a conservatorship. This
subdivision does not create any order or preference of appointment,
but simply exempts a conservator described by this subdivision from
registration.
   (f) This chapter does not apply to a trustee who is any of the
following:
   (1) Trust companies, as defined in Section 83.
   (2) FDIC-insured institutions, their holding companies,
subsidiaries, or affiliates. For the purposes of this paragraph,
"affiliate" means any entity that shares an ownership interest with
or that is under the common control of, the FDIC-insured institution.

   (3) Employees of any entity listed in paragraph (1) or (2) while
serving as trustees in the scope of their duties.