BILL NUMBER: AB 2580 CHAPTERED
BILL TEXT
CHAPTER 947
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004
APPROVED BY GOVERNOR SEPTEMBER 29, 2004
PASSED THE ASSEMBLY AUGUST 18, 2004
PASSED THE SENATE AUGUST 16, 2004
AMENDED IN SENATE AUGUST 10, 2004
AMENDED IN SENATE JUNE 15, 2004
AMENDED IN ASSEMBLY APRIL 27, 2004
INTRODUCED BY Assembly Member Goldberg
FEBRUARY 20, 2004
An act to amend Section 377.60 of the Code of Civil Procedure, to
amend Sections 297.5, 299, and 299.3 of the Family Code, and to amend
Section 14771 of the Government Code, relating to domestic
partnerships.
LEGISLATIVE COUNSEL'S DIGEST
AB 2580, Goldberg. Domestic partnerships.
(1) Existing law provides that a cause of action for the wrongful
death of a person may be asserted by his or her domestic partner, as
defined.
Under certain circumstances, this bill would allow a cause of
action for wrongful death to proceed pursuant to the above although a
Declaration of Domestic Partnership was not filed with the Secretary
of State, if other specified requirements are met.
(2) Existing law provides for the establishment and termination of
domestic partnerships, as specified. On and after January 1, 2005,
existing law extends the rights and duties of marriage to persons
registered as domestic partners. Existing law requires the Director
of General Services, through the forms management center, to provide
notice to state agencies, among others, that in reviewing and
revising all public-use forms that refer to or use the terms spouse,
husband, wife, father, mother, marriage, or marital status, that
appropriate references to domestic partner, parent, or domestic
partnership be included.
This bill would provide that any reference to the date of a
marriage also be deemed to refer to the date of registration of a
domestic partnership with the state with regard to, among other
things, community property or the dissolution of a partnership. The
bill would require the enforcement of a premarital agreement as
between domestic partners registered with the state before January 1,
2005, if that agreement meets specified conditions, and would
require the Secretary of State to include that information in a
letter that the Secretary of State is required to send to registered
domestic partners, as specified. The bill would further revise and
recast certain references to domestic partners or partnerships in the
above provisions as "registered" or "state-registered" domestic
partners or partnerships, as specified, and would make a conforming
change with respect to state forms.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 377.60 of the Code of Civil Procedure is
amended to read:
377.60. A cause of action for the death of a person caused by the
wrongful act or neglect of another may be asserted by any of the
following persons or by the decedent's personal representative on
their behalf:
(a) The decedent's surviving spouse, domestic partner, children,
and issue of deceased children, or, if there is no surviving issue of
the decedent, the persons, including the surviving spouse or
domestic partner, who would be entitled to the property of the
decedent by intestate succession.
(b) Whether or not qualified under subdivision (a), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, or parents. As used in this
subdivision, "putative spouse" means the surviving spouse of a void
or voidable marriage who is found by the court to have believed in
good faith that the marriage to the decedent was valid.
(c) A minor, whether or not qualified under subdivision (a) or
(b), if, at the time of the decedent's death, the minor resided for
the previous 180 days in the decedent's household and was dependent
on the decedent for one-half or more of the minor's support.
(d) This section applies to any cause of action arising on or
after January 1, 1993.
(e) The addition of this section by Chapter 178 of the Statutes of
1992 was not intended to adversely affect the standing of any party
having standing under prior law, and the standing of parties governed
by that version of this section as added by Chapter 178 of the
Statutes of 1992 shall be the same as specified herein as amended by
Chapter 563 of the Statutes of 1996.
(f) (1) For the purpose of this section, "domestic partner" means
a person who, at the time of the decedent's death, was the domestic
partner of the decedent in a registered domestic partnership
established in accordance with subdivision (b) of Section 297 of the
Family Code.
(2) Notwithstanding paragraph (1), for a death occurring prior to
January 1, 2002, a person may maintain a cause of action pursuant to
this section as a domestic partner of the decedent by establishing
the factors listed in paragraphs (1) to (6), inclusive, of
subdivision (b) of Section 297 of the Family Code, as it read
pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior
to its becoming inoperative on January 1, 2005.
(3) The amendments made to this subdivision during the 2003-04
Regular Session of the Legislature are not intended to revive any
cause of action that has been fully and finally adjudicated by the
courts, or that has been settled, or as to which the applicable
limitations period has run.
SEC. 2. Section 297.5 of the Family Code is amended to read:
297.5. (a) Registered domestic partners shall have the same
rights, protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, whether they
derive from statutes, administrative regulations, court rules,
government policies, common law, or any other provisions or sources
of law, as are granted to and imposed upon spouses.
(b) Former registered domestic partners shall have the same
rights, protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, whether they
derive from statutes, administrative regulations, court rules,
government policies, common law, or any other provisions or sources
of law, as are granted to and imposed upon former spouses.
(c) A surviving registered domestic partner, following the death
of the other partner, shall have the same rights, protections, and
benefits, and shall be subject to the same responsibilities,
obligations, and duties under law, whether they derive from statutes,
administrative regulations, court rules, government policies, common
law, or any other provisions or sources of law, as are granted to
and imposed upon a widow or a widower.
(d) The rights and obligations of registered domestic partners
with respect to a child of either of them shall be the same as those
of spouses. The rights and obligations of former or surviving
registered domestic partners with respect to a child of either of
them shall be the same as those of former or surviving spouses.
(e) To the extent that provisions of California law adopt, refer
to, or rely upon, provisions of federal law in a way that otherwise
would cause registered domestic partners to be treated differently
than spouses, registered domestic partners shall be treated by
California law as if federal law recognized a domestic partnership in
the same manner as California law.
(f) Registered domestic partners shall have the same rights
regarding nondiscrimination as those provided to spouses.
(g) Notwithstanding this section, in filing their state income tax
returns, domestic partners shall use the same filing status as is
used on their federal income tax returns, or that would have been
used had they filed federal income tax returns. Earned income may
not be treated as community property for state income tax purposes.
(h) No public agency in this state may discriminate against any
person or couple on the ground that the person is a registered
domestic partner rather than a spouse or that the couple are
registered domestic partners rather than spouses, except that nothing
in this section applies to modify eligibility for long-term care
plans pursuant to Chapter 15 (commencing with Section 21660) of Part
3 of Division 5 of Title 2 of the Government Code.
(i) This act does not preclude any state or local agency from
exercising its regulatory authority to implement statutes providing
rights to, or imposing responsibilities upon, domestic partners.
(j) This section does not amend or modify any provision of the
California Constitution or any provision of any statute that was
adopted by initiative.
(k) This section does not amend or modify federal laws or the
benefits, protections, and responsibilities provided by those laws.
(l) Where necessary to implement the rights of registered domestic
partners under this act, gender-specific terms referring to spouses
shall be construed to include domestic partners.
(m) (1) For purposes of the statutes, administrative regulations,
court rules, government policies, common law, and any other provision
or source of law governing the rights, protections, and benefits,
and the responsibilities, obligations, and duties of registered
domestic partners in this state, as effectuated by this section, with
respect to community property, mutual responsibility for debts to
third parties, the right in particular circumstances of either
partner to seek financial support from the other following the
dissolution of the partnership, and other rights and duties as
between the partners concerning ownership of property, any reference
to the date of a marriage shall be deemed to refer to the date of
registration of a domestic partnership with the state.
(2) Notwithstanding paragraph (1), for domestic partnerships
registered with the state before January 1, 2005, an agreement
between the domestic partners that the partners intend to be governed
by the requirements set forth in Sections 1600 to 1620, inclusive,
and which complies with those sections, except for the agreement's
effective date, shall be enforceable as provided by Sections 1600 to
1620, inclusive, if that agreement was fully executed and in force as
of June 30, 2005.
SEC. 3. Section 299 of the Family Code, as added by Section 8 of
Chapter 421 of the Statutes of 2003, is amended to read:
299. (a) A registered domestic partnership may be terminated
without filing a proceeding for dissolution of domestic partnership
by the filing of a Notice of Termination of Domestic Partnership with
the Secretary of State pursuant to this section, provided that all
of the following conditions exist at the time of the filing:
(1) The Notice of Termination of Domestic Partnership is signed by
both registered domestic partners.
(2) There are no children of the relationship of the parties born
before or after registration of the domestic partnership or adopted
by the parties after registration of the domestic partnership, and
neither of the registered domestic partners, to their knowledge, is
pregnant.
(3) The registered domestic partnership is not more than five
years in duration.
(4) Neither party has any interest in real property wherever
situated, with the exception of the lease of a residence occupied by
either party which satisfies the following requirements:
(A) The lease does not include an option to purchase.
(B) The lease terminates within one year from the date of filing
of the Notice of Termination of Domestic Partnership.
(5) There are no unpaid obligations in excess of the amount
described in paragraph (6) of subdivision (a) of Section 2400, as
adjusted by subdivision (b) of Section 2400, incurred by either or
both of the parties after registration of the domestic partnership,
excluding the amount of any unpaid obligation with respect to an
automobile.
(6) The total fair market value of community property assets,
excluding all encumbrances and automobiles, including any deferred
compensation or retirement plan, is less than the amount described in
paragraph (7) of subdivision (a) of Section 2400, as adjusted by
subdivision (b) of Section 2400, and neither party has separate
property assets, excluding all encumbrances and automobiles, in
excess of that amount.
(7) The parties have executed an agreement setting forth the
division of assets and the assumption of liabilities of the community
property, and have executed any documents, title certificates, bills
of sale, or other evidence of transfer necessary to effectuate the
agreement.
(8) The parties waive any rights to support by the other domestic
partner.
(9) The parties have read and understand a brochure prepared by
the Secretary of State describing the requirements, nature, and
effect of terminating a domestic partnership.
(10) Both parties desire that the domestic partnership be
terminated.
(b) The registered domestic partnership shall be terminated
effective six months after the date of filing of the Notice of
Termination of Domestic Partnership with the Secretary of State
pursuant to this section, provided that neither party has, before
that date, filed with the Secretary of State a notice of revocation
of the termination of domestic partnership, in the form and content
as shall be prescribed by the Secretary of State, and sent to the
other party a copy of the notice of revocation by first-class mail,
postage prepaid, at the other party's last known address. The effect
of termination of a domestic partnership pursuant to this section
shall be the same as, and shall be treated for all purposes as, the
entry of a judgment of dissolution of a domestic partnership.
(c) The termination of a domestic partnership pursuant to
subdivision (b) does not prejudice nor bar the rights of either of
the parties to institute an action in the superior court to set aside
the termination for fraud, duress, mistake, or any other ground
recognized at law or in equity. A court may set aside the
termination of domestic partnership and declare the termination of
the domestic partnership null and void upon proof that the parties
did not meet the requirements of subdivision (a) at the time of the
filing of the Notice of Termination of Domestic Partnership with the
Secretary of State.
(d) The superior courts shall have jurisdiction over all
proceedings relating to the dissolution of domestic partnerships,
nullity of domestic partnerships, and legal separation of partners in
a domestic partnership. The dissolution of a domestic partnership,
nullity of a domestic partnership, and legal separation of partners
in a domestic partnership shall follow the same procedures, and the
partners shall possess the same rights, protections, and benefits,
and be subject to the same responsibilities, obligations, and duties,
as apply to the dissolution of marriage, nullity of marriage, and
legal separation of spouses in a marriage, respectively, except as
provided in subdivision (a), and except that, in accordance with the
consent acknowledged by domestic partners in the Declaration of
Domestic Partnership form, proceedings for dissolution, nullity, or
legal separation of a domestic partnership registered in this state
may be filed in the superior courts of this state even if neither
domestic partner is a resident of, or maintains a domicile in, the
state at the time the proceedings are filed.
SEC. 4. Section 299.3 of the Family Code is amended to read:
299.3. (a) On or before June 30, 2004, and again on or before
December 1, 2004, and again on or before January 31, 2005, the
Secretary of State shall send the following letter to the mailing
address on file of each registered domestic partner who registered
more than one month prior to each of those dates:
"Dear Registered Domestic Partner:
This letter is being sent to all persons who have registered with
the Secretary of State as a domestic partner.
Effective January 1, 2005, California's law related to the rights
and responsibilities of registered domestic partners will change (or,
if you are receiving this letter after that date, the law has
changed, as of January 1, 2005). With this new legislation, for
purposes of California law, domestic partners will have a great many
new rights and responsibilities, including laws governing community
property, those governing property transfer, those regarding duties
of mutual financial support and mutual responsibilities for certain
debts to third parties, and many others. The way domestic
partnerships are terminated is also changing. After January 1, 2005,
under certain circumstances, it will be necessary to participate in
a dissolution proceeding in court to end a domestic partnership.
Domestic partners who do not wish to be subject to these new
rights and responsibilities MUST terminate their domestic partnership
before January 1, 2005. Under the law in effect until January 1,
2005, your domestic partnership is automatically terminated if you or
your partner marry or die while you are registered as domestic
partners. It is also terminated if you send to your partner or your
partner sends to you, by certified mail, a notice terminating the
domestic partnership, or if you and your partner no longer share a
common residence. In all cases, you are required to file a Notice of
Termination of Domestic Partnership.
If you do not terminate your domestic partnership before January
1, 2005, as provided above, you will be subject to these new rights
and responsibilities and, under certain circumstances, you will only
be able to terminate your domestic partnership, other than as a
result of domestic partner's death, by the filing of a court action.
Further, if you registered your domestic partnership with the
state prior to January 1, 2005, you have until June 30, 2005, to
enter into a written agreement with your domestic partner that will
be enforceable in the same manner as a premarital agreement under
California law, if you intend to be so governed.
If you have any questions about any of these changes, please
consult an attorney. If you cannot find an attorney in your locale,
please contact your county bar association for a referral.
Sincerely,
The Secretary of State"
(b) From January 1, 2004, to December 31, 2004, inclusive, the
Secretary of State shall provide the following notice with all
requests for the Declaration of Domestic Partnership form. The
Secretary of State also shall attach the Notice to the Declaration of
Domestic Partnership form that is provided to the general public on
the Secretary of State's Web site:
"NOTICE TO POTENTIAL DOMESTIC PARTNER REGISTRANTS
As of January 1, 2005, California's law of domestic partnership
will change.
Beginning at that time, for purposes of California law, domestic
partners will have a great many new rights and responsibilities,
including laws governing community property, those governing property
transfer, those regarding duties of mutual financial support and
mutual responsibilities for certain debts to third parties, and many
others. The way domestic partnerships are terminated will also
change. Unlike current law, which allows partners to end their
partnership simply by filing a "Termination of Domestic Partnership"
form with the Secretary of State, after January 1, 2005, it will be
necessary under certain circumstances to participate in a dissolution
proceeding in court to end a domestic partnership.
If you have questions about these changes, please consult an
attorney. If you cannot find an attorney in your area, please
contact your county bar association for a referral."
SEC. 5. Section 14771 of the Government Code is amended to read:
14771. (a) The director, through the forms management center,
shall do all of the following:
(1) Establish a State Forms Management Program for all state
agencies, and provide assistance in establishing internal forms
management capabilities.
(2) Study, develop, coordinate and initiate forms of interagency
and common administrative usage, and establish basic state design and
specification criteria to effect the standardization of public-use
forms.
(3) Provide assistance to state agencies for economical forms
design and forms artwork composition and establish and supervise
control procedures to prevent the undue creation and reproduction of
public-use forms.
(4) Provide assistance, training, and instruction in forms
management techniques to state agencies, forms management
representatives, and departmental forms coordinators, and provide
direct administrative and forms management assistance to new state
organizations as they are created.
(5) Maintain a central cross index of public-use forms to
facilitate the standardization of these forms, to eliminate redundant
forms, and to provide a central source of information on the usage
and availability of forms.
(6) Utilize appropriate procurement techniques to take advantage
of competitive bidding, consolidated orders, and contract procurement
of forms, and work directly with the Office of State Publishing
toward more efficient, economical and timely procurement, receipt,
storage, and distribution of state forms.
(7) Coordinate the forms management program with the existing
state archives and records management program to ensure timely
disposition of outdated forms and related records.
(8) Conduct periodic evaluations of the effectiveness of the
overall forms management program and the forms management practices
of the individual state agencies, and maintain records which indicate
net dollar savings which have been realized through centralized
forms management.
(9) Develop and promulgate rules and standards to implement the
overall purposes of this section.
(10) Create and maintain by July 1, 1986, a complete and
comprehensive inventory of public-use forms in current use by the
state.
(11) Establish and maintain, by July 1, 1986, an index of all
public-use forms in current use by the state.
(12) Assign, by January 1, 1987, a control number to all
public-use forms in current use by the state.
(13) Establish a goal to reduce the existing burden of state
collections of public information by 30 percent by July 1, 1987, and
to reduce that burden by an additional 15 percent by July 1, 1988.
(14) Notwithstanding any other provision of law, including, but
not limited to, Section 14774, provide notice to state agencies,
forms management representatives, and departmental forms
coordinators, that in the usual course of reviewing and revising all
public-use forms that refer to or use the terms spouse, husband,
wife, father, mother, marriage, or marital status, that appropriate
references to state-registered domestic partner, parent, or
state-registered domestic partnership are to be included.
(15) Delegate implementing authority to state agencies where the
delegation will result in the most timely and economical method of
accomplishing the responsibilities set forth in this section.
The director, through the forms management center, may require any
agency to revise any public-use form which the director determines
is inefficient.
(b) Due to the need for tax forms to be available to the public on
a timely basis, all tax forms, including returns, schedules,
notices, and instructions prepared by the Franchise Tax Board for
public use in connection with its administration of the Personal
Income Tax Law, Senior Citizens Property Tax Assistance and
Postponement Law, Bank and Corporation Tax Law, and the Political
Reform Act of 1974 and the State Board of Equalization's
administration of county assessment standards, state-assessed
property, timber tax, sales and use tax, hazardous substances tax,
alcoholic beverage tax, cigarette tax, motor vehicle fuel license
tax, use fuel tax, energy resources surcharge, emergency telephone
users surcharge, insurance tax, and universal telephone service tax
shall be exempt from subdivision (a), and, instead, each board shall
do all of the following:
(1) Establish a goal to standardize, consolidate, simplify,
efficiently manage, and, where possible, reduce the number of tax
forms.
(2) Create and maintain, by July 1, 1986, a complete and
comprehensive inventory of tax forms in current use by the board.
(3) Establish and maintain, by July 1, 1986, an index of all tax
forms in current use by the board.
(4) Report to the Legislature, by January 1, 1987, on its progress
to improve the effectiveness and efficiency of all tax forms.
(c) The director, through the forms management center, shall
develop and maintain, by December 31, 1995, an ongoing master
inventory of all nontax reporting forms required of businesses by
state agencies, including a schedule for notifying each state agency
of the impending expiration of certain report review requirements
pursuant to subdivision (b) of Section 14775.