BILL NUMBER: SB 973	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 30, 2005

INTRODUCED BY   Senator Kuehl
   (Principal coauthors: Assembly Members Goldberg, Koretz, Laird,
and Leno)
   (Coauthor: Senator Kehoe)

                        FEBRUARY 22, 2005

   An act to  add Section 24300.3 to the Education Code,
  amend Section 24307 of the Education Code, to amend
Sections 22771, 22775, 22818, and 22819 of,  and to add Sections
 21451.5   21291.5, 21626.5,  and 31760.7
to  , and to repeal 22218.5, 22887, 22887.5, 22903, 22903.5, and
22929 of,  the Government Code,  and to amend Sections 1900,
1901, and 2351.5 of, the Probate Code,  relating to domestic
partners, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 973, as amended, Kuehl.  Public employees' retirement: domestic
partners.
   (1) Under the State Teachers' Retirement System, any member
retiring from service may elect to receive his or her retirement
allowance pursuant to specified options.  Those allowances
are made from the Teachers' Retirement Fund, a continuously
appropriated fund.   A member may make a preretirement
election by filing a form with the system's office in Sacramento
within 30 days o   f the date of signature. 
   This bill would  entitle a retired member and his or her
domestic partner to elect or change any optional retirement allowance
under the system, if specified criteria are satisfied. Because
moneys in the Teachers' Retirement Fund would be used for a new
purpose, the bill would make an appropriation. The bill would further
provide that payments made thereto are not retroactive 
 revise and recast those provisions to require the form include
the signature of the member's spouse or domestic partner, as
specified, and be received at the system's headquarters, as provided
 .
   (2)  Under the   The  Public Employees'
Retirement System  , any member retiring from service may
elect to receive his or her retirement allowance pursuant to
specified options. Those allowances are made from the Public
Employees' Retirement Fund, a continuously appropriated fund
  requires a court to address certain community property
issues and rights under the system upon the legal separation or
dissolution of marriage of a member  .
    This bill would  entitle a retired member and his or her
domestic partner to elect or change any optional retirement allowance
under the system, if specified criteria are satisfied. Because
moneys in the Public Employees' Retirement Fund would be used for a
new purpose, the bill would make an appropriation. The bill would
further provide that payments made thereto are not retroactive
  provide that a spouse or registered domestic partner
who fails to meet specified   criteria are prohibited from
receiving a distribution of contributions until the member separates
from employment  .  
   (3)  
   The Public Employees' Retirement System defines the term surviving
spouse for the purpose of providing postretirement death benefits.
These benefits are funded by the Public Employees' Retirement Fund, a
continuously appropriated fund. Existing law extends the rights and
duties of marriage to persons registered as domestic partners on and
after January 1, 2005.  
   This bill would provide, for purpose of the provision of certain
postretirement death benefits, that a surviving domestic partner
shall be treated in the same manner as a surviving spouse if the
domestic partner is in a registered domestic partnership that meets
specified criteria or if the retired member and his or her domestic
partner, who are currently in a registered domestic partnership, sign
an affidavit that makes specified statements. Because moneys in the
Public Employees' Retirement Fund would be used for a new purpose,
this bill would make an appropriation.  
   (3) The Public Employees' Medical and Hospital Care Act authorizes
the Board of Administration of the Public Employees' Retirement
System to contract with carriers for health benefit plans and major
medical plans for employees and annuitants, as defined, and approve
other plans. The act defines domestic partnership for these purposes
and provides that a domestic partner is a family member for specified
purposes. The act permits certain persons are eligible to enroll
their domestic partners as family members in health plans, subject to
collective bargaining, as specified. The act allows an employer to
require an employee or annuitant to be responsible for certain
increased costs or associated with covering the domestic partner, as
specified. The act permits a contracting agency to offer health
benefits to domestic partners of employees and annuitants at its
option. The benefits provided under the act are funded by the Public
Employees' Health Care Fund, a continuously appropriated fund. 

   This bill would revise and recast the provisions described above
in connection with the extension of the rights and duties of marriage
to domestic partnerships on and after 2005. Because moneys in the
Public Employees' Health Care Fund would be used for a new purpose,
this bill would make an appropriation. 
    (4)  Under the County Employees Retirement Law of 1937,
any member retiring from service may elect to receive his or her
retirement allowance pursuant to specified options.
   This bill would entitle a retired member and his or her domestic
partner to the same entitlements as described above, if specified
criteria are satisfied  , including providing an affidavit signed
by the member and domestic partner under penalty of perjury relative
to the member's service retirement effective date or disability
retirement date  .  
   By expanding the scope of an existing crime, perjury, this bill
would impose a state-mandated local program.  
   (5) Existing law specifies the capacity of a conservatee and the
powers of a conservator and, among other things, provides that a
conservatee retains the capacity to marry.  
   This bill would expand those provisions to provide that a
conservatee retains the capacity to enter into a domestic
partnership, as specified.
   (6) 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.
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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


   SECTION 1.    Section 24307 of the  
Education Code   is amended to read: 
   24307.
   (a) A member who qualifies to apply for retirement under Section
24201 or 24203 may make a preretirement election of an option, as
provided in Section 24300 without right of revocation or change after
the effective date of retirement, except as provided in this part.
The preretirement election of an option shall become effective on the
date a properly executed form prescribed by the system  is
signed, providing the election is received in the system's office in
Sacramento within 30 days after the date of signature.  
, subject to the following:  
   (1) The form includes the signature of the member's spouse or
registered domestic partner, if applicable, the signature is dated,
and the date of the signature is within 30 days of the member's
signature.  
   (2) The date the form is received at the system's headquarters
office, as established pursuant to Section 22375, is within 30 days
of the date of the member's signature or within 30 days of the date
of the spouse or registered domestic partner's signature, if
applicable. 
   (b) A member who makes a preretirement election of an Option 2,
Option 3, Option 4, Option 5, Option 6, or Option 7 may subsequently
make a preretirement election of Option 8. The member may retain the
same option and the same option beneficiary as named in the prior
preretirement election, as an option under Option 8.
   (c) Upon the member's death prior to the effective date of
retirement, the beneficiary who was designated under the option
elected and who survives shall receive an allowance calculated under
the option, under the assumption that the member retired for service
pursuant to Chapter 27 (commencing with Section 24201) on the date of
death. The payment of the allowance to the option beneficiary shall
be in lieu of the family allowance provided in Section 23804, the
payment provided in paragraph (1) of subdivision (a) of Section
23802, the survivor benefit allowance provided in Section 23854, and
the payment provided in subdivisions (a) and (b) of Section 23852,
except that if the beneficiary dies before all of the member's
accumulated retirement contributions are paid, the balance, if any,
shall be paid to the estate of the person last receiving or entitled
to receive the allowance. The accumulated annuity deposit
contributions and the death payment provided in Sections 23801 and
23851 shall be paid to the beneficiary in a lump sum.
   (d) If the member subsequently retires for service, and the
elected option has not been canceled pursuant to Section 24309, a
modified service retirement allowance computed under Section 24300
and the option elected shall be paid.
   (e) The amount of the service retirement allowance prior to
applying the option factor shall be calculated as of the earlier of
the member's age at death before retirement or age on the last day of
the month in which the member requested service retirement be
effective. The modification of the service retirement allowance under
the option elected shall be based on the ages of the member and the
beneficiary designated under the option, as of the date the election
was signed.
   (f) A member who terminates the service retirement allowance
pursuant to Section 24208 shall not be eligible to file a
preretirement election of an option until one calendar year elapses
from the date the allowance is terminated.
   (g) The system shall inform members who are qualified to make a
preretirement election of an option, through the annual statements of
account, that the election of an option can be made.
   (h) This section shall become operative on January 1, 2000.

  SECTION 1.  Section 24300.3 is added to the Education Code, to
read:
   24300.3.
   (a) A retired member and his or her domestic partner shall be
entitled to elect or change any optional retirement allowance
pursuant to this chapter, if all of the following criteria are
satisfied:
   (1) The retired member and domestic partner are currently
registered as domestic partners with the Secretary of State, and
provide a copy of their Certificate of Registered Domestic
Partnership to the retirement system.
   (2) The retired member and domestic partner sign an affidavit
stating that at the time prescribed by the retirement system for
married spouses to elect an option, the member and partner would have
qualified to be registered as domestic partners pursuant to Section
297 of the Family Code, and would have registered their partnership
had state domestic partnership registration existed.
   (3) The retired member demonstrates that any two of the following
were true at the time prescribed by the retirement system for married
spouses to elect an option:
   (A) Domestic partnership registration prior to the system's
election date with any other foreign, state, or local government.
   (B) Joint ownership of real property or an automobile.
   (C) Joint ownership of a bank account.
   (D) Joint signers on a lease for a residence.
   (E) Utilities bill accounts at same residence were held in both
names, either separately or jointly.
   (4) In lieu of one of the criteria under paragraph (3), the
retired member provides a signed affidavit from a person who knew the
retired member and partner at the time of the retirement system's
election date stating that the couple shared a common residence and
would have met the qualifications of Section 297 of the Family Code
at that time.
   (b) The retirement system has no obligation to locate or otherwise
contact retired members who may qualify for allowances under the
terms of this section.
   (c) Qualification under this section of domestic partners to
receive allowances shall be prospective only.  Domestic partners who
qualify to receive prospective payment of an allowance shall not be
eligible to recover payment retroactively for any period between the
retired member's retirement date and the date of qualification under
this section.
   (d) After the retirement system receives documentation from the
retired member demonstrating that the member and his or her domestic
partner qualify for allowances, the system has 60 days to verify
documentation and initiate benefits or benefit status.  

  SEC. 2.  Section 21451.5 is added to the Government Code, to read:

   21451.5.
   (a) A retired member and his or her domestic partner shall be
entitled to elect or change any optional retirement allowance
pursuant to this article, if all of the following criteria are
satisfied:
   (1) The retired member and domestic partner are currently
registered as domestic partners with the Secretary of State, and
provide a copy of their Certificate of Registered Domestic
Partnership to the retirement system.
   (2) The retired member and domestic partner sign an affidavit
stating that at the time prescribed by the retirement system for
married spouses to elect an option, the member and partner would have
qualified to be registered as domestic partners pursuant to Section
297 of the Family Code, and would have registered their partnership
had state domestic partnership registration existed.
   (3) The retired member demonstrates that any two of the following
were true at the time prescribed by the retirement system for married
spouses to elect an option:
   (A) Domestic partnership registration prior to the system's
election date with any other foreign, state, or local government.
   (B) Joint ownership of real property or an automobile.
   (C) Joint ownership of a bank account.
   (D) Joint signers on a lease for a residence.
   (E) Utilities bill accounts at same residence were held in both
names, either separately or jointly.
   (4) In lieu of one of the criteria under paragraph (3), the
retired member provides a signed affidavit from a person who knew the
retired member and partner at the time of the retirement system's
election date stating that the couple shared a common residence and
would have met the qualifications of Section 297 of the Family Code
at that time.
   (b) The retirement system has no obligation to locate or otherwise
contact retired members who may qualify for allowances under the
terms of this section.
   (c) Qualification under this section of domestic partners to
receive allowances shall be prospective only.  Domestic partners who
qualify to receive prospective payment of an allowance shall not be
eligible to recover payment retroactively for any period between the
retired member's retirement date and the date of qualification under
this section.
   (d) After the retirement system receives documentation from the
retired member demonstrating that the member and his or her domestic
partner qualify for allowances, the system has 60 days to verify
documentation and initiate benefits or benefit status. 
  SEC. 2.    Section 21291.5 is added to the  
Government Code   , to read:  
   21291.5.
   Notwithstanding any other provision of this article, a spouse or
registered domestic partner who is not an alternate payee, as defined
in Section 414(p)(8) of the Internal Revenue Code (25 U.S.C. 401 et.
seq.) shall not receive a distribution of contributions until the
member separates from employment. 
   SEC. 3.    Section 21626.5 is added to the  
Government Code   , to read:  
   21626.5.
   For purposes of Sections 21624, 21626, 21627, 21629, or 21630, a
surviving domestic partner shall be treated in the same manner as a
surviving spouse if either:
   (a) The domestic partnership was registered for one year prior to
the member's service retirement date or at the disability retirement
date and continuously until the date of the member's death.
   (b) The member retired prior to January 1, 2006, and both the
member and his or her domestic partner, who currently are in a
state-registered domestic partnership, sign an affidavit stating
that, at the time prescribed by the retirement system for married
spouses to qualify to elect an option, the member and the domestic
partner would have qualified to be registered as domestic partners
pursuant to Section 297 of the Family Code. 
   SEC. 4.    Section 22771 of the   Government
Code   is amended to read: 
   22771.
   A "domestic partnership" means either of the following:
   (a) Two people who meet all of the criteria set forth in Section
297  or 299.2  of the Family Code.
   (b) Two people who meet all of the criteria of a domestic
partnership, as defined by the governing board of a contracting
agency, if the contracting agency adopted that definition prior to
January 1, 2000.
   SEC. 5.    Section 22775 of the   Government
Code   is amended to read: 
   22775.
   "Family member" means  any of the following: 
    (a)     An 
 an  employee's or annuitant's spouse  or domestic
partner  and any unmarried child, including an adopted child, a
stepchild, or recognized natural child. The board shall, by
regulation, prescribe age limits and other conditions and limitations
pertaining to unmarried children.  
   (b) Notwithstanding any other provision of law, a domestic partner
of an employee or annuitant shall be considered a family member for
purposes of Section 22810, subdivision (a) of Section 22814, Sections
22822, 22830, 22837, 22841, 22842, 22843, 22844, subdivision (a) of
Section 22846, and Sections 22847, 22863, 22871, 22879, 22890, 22911,
and 22937. 
   SEC. 6.    Section 22818 of the   Government
Code   is amended to read: 
   22818.
   (a)  The following persons are eligible to enroll their
domestic partner as a family member in a health benefit plan:
 
   (1) Employees of a contracting agency that has amended its
contract with the board to elect to provide health care coverage to
the domestic partners of its employees and annuitants, pursuant to
Section 22929.  
   (2) State employees who are members of a bargaining unit or are
retired from a bargaining unit if there is a signed memorandum of
understanding between the state and the recognized employee
organization to adopt the benefits accorded under this section, and
the Department of Personnel Administration makes this section
simultaneously applicable to all eligible annuitants retired from the
bargaining unit.  
   (3) Members of the system who are employed by the Assembly, the
Senate, or the California State University, only if the Assembly
Committee on Rules, the Senate Committee on Rules, or the Board of
Trustees of the California State University, respectively, makes this
section applicable to its employees.  
   (4) Members of the system who are state employees of the judicial
branch, and judges and justices who are members of the Judges'
Retirement System or the Judges' Retirement System II, if the
Judicial Council makes this section applicable to those persons.
 
   (5) Employees excluded from the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1) upon
adoption by the Department of Personnel Administration of regulations
to implement employee benefits under this section for those persons.
Regulations adopted or amended pursuant to this paragraph are not
subject to review and approval by the Office of Administrative Law
pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2) and shall
become effective immediately upon filing with the Secretary of State.

    (b)    In order to receive any
benefit provided by this part, an employee or annuitant shall provide
 , upon request of  the board  all   ,
any  of the following:
   (1) Proof in a manner designated by the board that the employee or
annuitant and his or her domestic partner have filed a valid
Declaration of Domestic Partnership pursuant to Section 298.5 of the
Family Code or have established a valid domestic partnership, as
defined by his or her contracting agency in accordance with
subdivision (b) of Section 22771.
   (2)  A marriage certificate.   A 
   (3)     A  signed statement indicating
that the employee or annuitant agrees that he or she may be required
to reimburse the employer, the health benefit plan, and the system
for any expenditures made for medical claims, processing fees,
administrative expenses, and attorney's fees on behalf of the
 domestic partner  family member  , if any
of the submitted documentation is found to be  incomplete,
 inaccurate  ,  or fraudulent.  
   (c) 
    (b)  The employee or annuitant shall notify the employer
or the board when a  marriage is dissolved or a  domestic
partnership has terminated, as required by subdivision (c) of Section
299 of the Family Code, or as required by his or her contracting
agency in accordance with subdivision (b) of Section 22771.
   SEC. 7.    Section 22818.5 of the  
Government Code   is repealed.  
   22818.5.
   (a) A domestic partner shall be considered a family member for
purposes of becoming an annuitant pursuant to Section 22760.
   (b) A child of the surviving domestic partner who was eligible for
enrollment in a health benefit plan as a family member prior to the
death of the employee or annuitant shall be eligible for health
coverage under this part as a family member if the surviving domestic
partner is enrolled in a health benefit plan.
   (c) A surviving domestic partner of a deceased employee or
annuitant may not enroll additional family members in a health
benefit plan. 
   SEC. 8.    Section 22819 of the  Government
Code   is amended to read: 
   22819.
   (a) A family member of a deceased employee of a contracting agency
who is validly enrolled or is eligible for enrollment hereunder on
the date of the employee's death is deemed to be an annuitant under
Section 22760, pursuant to regulations prescribed by the board.
 A domestic partner may not become an annuitant pursuant to
this section. 
   (b) A contracting agency shall remit the amounts required under
Section 22901 as well as the total amount of the premium required
from the employer and enrollees hereunder in accordance with
regulations of the board. Enrollment of the annuitant and eligible
family members shall be continuous following the death of the
employee, or the effective date of enrollment, so long as the
surviving family members meet the eligibility requirements of Section
22775 and regulations pertinent thereto. Failure to timely pay the
required premiums and costs or the cancellation of coverage by the
annuitant shall terminate coverage without the option to reenroll.
The contracting agency may elect to require the family members to pay
all or any part of the employer premium for enrollment.
   (c) This section shall apply to a contracting agency only upon the
filing with the board of a resolution of its governing board
electing to be subject to this section.
   SEC. 9.    Section 22887 of the   Government
Code   is repealed.  
   22887.
   An employer may require an employee or annuitant or his or her
domestic partner to be financially responsible for any increased cost
of covering the domestic partner that exceeds the employer
contribution rate that otherwise would have been paid. 
   SEC. 10.    Section 22887.5 of the  
Government Code   is repealed.  
   22887.5.
   Notwithstanding any other provision of law, this part may not be
construed to extend any vested rights to a domestic partner of an
employee or annuitant, or be construed to limit the right of the
Legislature to subsequently modify or repeal any provision of this
part. 
   SEC. 11.    Section 22903 of the  
Government Code   is repealed.  
   22903.
   An employer may require an employee or annuitant or his or her
domestic partner to be financially responsible for any increased cost
of covering the domestic partner that exceeds the employer
contribution rate that otherwise would have been paid. 
   SEC. 12.    Section 22903.5 of the  
Government Code   is repealed.  
   22903.5.
   Notwithstanding any other provision of law, this part may not be
construed to extend any vested rights to a domestic partner of an
employee or annuitant, or be construed to limit the right of the
Legislature to subsequently modify or repeal any provision of this
part. 
   SEC. 13.    Section 22929 of the  
Government Code   is repealed.  
   22929.
   (a) A contracting agency may, at its option, offer health benefits
pursuant to this part, to the domestic partners of its employees and
annuitants.
   (b) The contracting agency shall notify the board, in the manner
prescribed, that it is electing to provide health coverage through
this part to the domestic partners of its employees and annuitants.
   (c) The contracting agency shall provide any information deemed
necessary by the board to determine eligibility under this part.

   SEC. 3.    
  SEC. 14.   Section 31760.7 is added to the Government Code, to
read:
   31760.7.
   (a) A retired member  and   , in order to
provide for  his or her domestic partner  ,  shall be
entitled to elect or change any optional retirement allowance
pursuant to this article, if all of the following criteria are
satisfied:
   (1) The  member retired on or before January 1, 2006. 
    (2)     At retirement the member elected
one of the optional settlements specified in this article naming his
or her domestic partner as beneficiary. 
    (3)     At the time of election under this
section, the  retired member and domestic partner are 
currently  registered as domestic partners with the
Secretary of State, and provide a copy of their Certificate of
Registered Domestic Partnership to the retirement system.  
   (2) 
    (4)  The retired member and domestic partner sign an
affidavit  under penalty of perjury  stating that 
at the time prescribed by the retirement system for married spouses
to elect an option,   at least one year prior to the
member's service retirement effective date or at the disability
retirement date  the member and partner would have qualified to
be registered as domestic partners pursuant to Section 297 of the
Family Code  , and would have registered their partnership
had state domestic partnership registration existed.

   (3) The retired member demonstrates that any two of the following
were true at the time prescribed by the retirement system for married
spouses to elect an option:  
   (A) Domestic partnership registration prior to the system's
election date with any other foreign, state, or local government.
 
   (B) Joint ownership of real property or an automobile. 

   (C) Joint ownership of a bank account.  
   (D) Joint signers on a lease for a residence.  
   (E) Utilities bill accounts at same residence were held in both
names, either separately or jointly. 
    (4)     In lieu of one
of the criteria under paragraph (3), the retired member provides a
signed affidavit from a person who knew the retired member and
partner at the time of the retirement system's election date stating
that the couple shared a common residence and would have met the
qualifications of Section 297 of the Family Code at that time
 .
   (b) The retirement system has no obligation to locate or otherwise
contact retired members who may qualify for allowances under the
terms of this section.  
   (c) Qualification under this section of domestic partners to
receive allowances shall be prospective only.  Domestic partners who
qualify to receive prospective payment of an allowance shall not be
eligible to recover payment retroactively for any period between the
retired member's retirement date and the date of qualification under
this section.  
   (d) After the retirement system receives documentation from the
retired member demonstrating that the member and his or her domestic
partner qualify for allowances, the system has 60 days to verify
documentation and initiate benefits or benefit status.  

   (c) Notwithstanding any other provision of this chapter, if a
retired member elects to change his or her retirement election
pursuant to this section, the member's allowance shall be adjusted
prospectively only. The adjusted retirement allowance shall be
effective on the first day of the month following receipt of the
member's signed election. The member shall not be eligible to recover
payment retroactively for any period between his or her retirement
effective date and the date of election under this section. 

   (d) This section does not apply to members who are required to
provide a continuing benefit to a former spouse pursuant to court
order.  
   (e) The right of a member to make an election pursuant to this
section shall expire on January 1, 2007. 
   SEC. 15.    Section 1900 of the   Probate
Code   is amended to read: 
   1900.
   The appointment of a conservator of the person or estate or both
does not affect the capacity of the conservatee to marry  or to
enter into a registered domestic partnership  .
   SEC. 16.    Section 1901 of the   Probate
Code   is amended to read: 
   1901.
   (a) The court may by order determine whether the conservatee has
the capacity to enter into a valid marriage, as provided in Part 1
(commencing with Section 300) of Division 3 of the Family Code, 
or to enter into a registered domestic partnership, as provided in
Section 297 of the Family Code,  at the time the order is made.

   (b) A petition for an order under this section may be filed by the
conservator of the person or estate or both, the conservatee, any
relative or friend of the conservatee, or any interested person.
   (c) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
   SEC. 17.    Section 2351.5 of the   Probate
Code  is amended to read: 
   2351.5.
   (a) Subject to subdivision (b):
   (1) The limited conservator has the care, custody, and control of
the limited conservatee.
   (2) The limited conservator shall secure for the limited
conservatee  such   those  habilitation or
treatment, training, education, medical and psychological services,
and social and vocational opportunity as appropriate and as will
assist the limited conservatee in the development of maximum
self-reliance and independence.
   (b) A limited conservator does not have any of the following
powers or controls over the limited conservatee unless  such
  those  powers or controls
                                  are specifically requested in the
petition for appointment of a limited conservator and granted by the
court in its order appointing the limited conservator:
   (1) To fix the residence or specific dwelling of the limited
conservatee.
   (2) Access to the confidential records and papers of the limited
conservatee.
   (3) To consent or withhold consent to the marriage of  , or
the entrance into a registered domestic partnership by,  the
limited conservatee.
   (4) The right of the limited conservatee to contract.
   (5) The power of the limited conservatee to give or withhold
medical consent.
   (6) The limited conservatee's right to control his or her own
social and sexual contacts and relationships.
   (7) Decisions concerning the education of the limited conservatee.

   (c) Any limited conservator, the limited conservatee, or any
relative or friend of the limited conservatee may apply by petition
to the superior court of the county in which the proceedings are
pending to have the limited conservatorship modified by the
elimination or addition of any of the powers which must be
specifically granted to the limited conservator pursuant to
subdivision (b). The petition shall state the facts alleged to
establish that the limited conservatorship should be modified. The
granting or elimination of  such   those 
powers is discretionary with the court. Notice of the hearing on the
petition shall be given for the period and in the manner provided in
Chapter 3 (commencing with Section 1460) of Part 1.
   (d) The limited conservator or any relative or friend of the
limited conservatee may appear and oppose the petition. The court
shall hear and determine the matter according to the laws and
procedures relating to the trial of civil actions, including trial by
jury if demanded. If any of the powers which must be specifically
granted to the limited conservator pursuant to subdivision (b) are
granted or eliminated, new letters of limited conservatorship shall
be issued reflecting the change in the limited conservator's powers.

   SEC. 18.   
   No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.