BILL NUMBER: SB 651	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2011

INTRODUCED BY   Senator Leno
    (   Coauthors:   Senators   De
Leˇn,   Pavley,   and Yee   )
    (   Coauthors:   Assembly Members 
 Ammiano,   Blumenfield,   Chesbro, 
Gordon,   Huffman,   Portantino,   and
Skinner   ) 

                        FEBRUARY 18, 2011

   An act  to amend Section 297 of the Family Code, 
relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 651, as amended, Leno. Family  law.   law:
domestic partnerships.  
   Existing law provides that 2 unmarried, unrelated adults who have
chosen to share one another's lives in an intimate and committed
relationship of mutual caring may establish a domestic partnership by
filing a declaration with the Secretary of State if certain
requirements are met, including that both persons have a common
residence.  
   This bill would eliminate the requirement that domestic partners
have a common residence. 
   Vote: majority. Appropriation: no. Fiscal committee: no
  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) 
    (1)  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) 
    (2)  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) 
    (3)  Both persons are at least 18 years of age. 

   (5) 
    (4)  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. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation to eliminate statutory differences between
marriage and domestic partnerships to implement the holding of the
California Supreme Court in Strauss v. Horton (2009) 46 Cal.4th 364,
which made a narrow distinction between marriage and domestic
partnerships based on the use of the term "marriage" only.