BILL NUMBER: AB 26	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly  Member Migden  
Members Migden, Kuehl, and Villaraigosa 
    (Coauthors:  Assembly Members Alquist, Aroner, Calderon,
Firebaugh, Keeley, Knox, Lempert, Longville, Mazzoni, Romero, and
Steinberg) 
    (Coauthors:  Senators Bowen, Solis, Speier, and Vasconcellos)


                        DECEMBER 7, 1998

   An act to add Division 2.5 (commencing with Section 297) to the
Family Code, to add Sections 1261 and 1374.58 to the Health and
Safety Code, and to add Section 10121.7 to the Insurance Code,
relating to domestic partners.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 26, as amended, Migden.  Domestic partners.
   (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.  A Declaration of Domestic Partnership would be
required to be  signed under penalty of perjury. 
 accompanied by a specified declaration of veracity.  Violation
of this requirement would be a misdemeanor  .  By 
expanding the crime of perjury   creating a new crime
 and 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 licensure and regulation of
health care service plans administered by the Commissioner of
Corporations.  Under existing law, a willful violation of any of
these provisions is punishable as either a felony or a misdemeanor.
Existing law also provides for the regulation of policies of
disability insurance administered by the Insurance Commissioner.
   Existing law requires that health care service plans and
disability insurers provide coverage for certain benefits and
services.
   This bill would require a group health care service plan and a
policy of disability insurance that provides hospital, medical, or
surgical expense benefits  for employees, subscribers,
insureds, or policyholders and their dependents to provide
eligibility and benefits to   to offer coverage to
employers and guaranteed associations for  a domestic partner of
an employee, subscriber, insured, or policyholder to the same
extent, and subject to the same terms and conditions, as provided to
a dependent of an employee, subscriber, insured, or policyholder.
The bill would also require  that if an employer or guaranteed
association elects to purchase coverage for domestic partners, 
a health care service plan or a policy of group disability insurance
that provides hospital, medical, or surgical expense benefits for
employees, subscribers, insureds, or policyholders and their
dependents  to   shall  enroll as a
dependent, upon application by the employer or group administrator, a
domestic partner of the employee, subscriber, insured, or
policyholder when that employee, subscriber, insured, or policyholder
 at any time makes an application for enrollment to the
employer or group administrator   in accordance with the
terms and conditions of the group contract, as specified. The bill
would also provide that such a health care service plan or policy of
group disability insurance may require a copy of a valid Declaration
of Domestic Partnership and notification of termination of the
domestic partnership  .
   Since a willful violation of the provisions applicable to health
care service plans is a crime, this bill would impose a
state-mandated local program.
  (4) 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 that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, with regard to certain mandates, no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Division 2.5 (commencing with Section 297) is added to
the Family Code, to read:

      DIVISION 2.5.  DOMESTIC PARTNER REGISTRATION
      PART 1.  DEFINITIONS

   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 when all of the
following requirements are met:
   (1) Both persons have a common residence.
   (2) Both persons agree to be jointly responsible for each other's
basic living expenses  incurred  during the domestic
partnership.
   (3) Neither person is married or a member of another domestic
partnership.
   (4) The two persons are not related by blood in a way which would
prevent them from being married to each other in this state.
   (5) Both persons are at least 18 years of age.
   (6) Both file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division.
   (c) "Have a common residence" means that two people are
cohabitants.  It is not necessary that the legal right to possess the
common residence be in both of their names.  Two people are
cohabitants even if one or both have additional residences.  Domestic
partners do not cease to be cohabitants if one leaves the common
residence but intends to return.
   (d) "Basic living expenses" means food and shelter.  It also means
any other cost, such as medical care, if some or all of the cost is
paid as a benefit because a person is another person's domestic
partner.
   (e) "Joint responsibility" means that each partner agrees to
provide for the other partner's basic living expenses if the partner
is unable to provide for herself or  himself.  Anyone to whom
these expenses are owed may enforce this responsibility. 
 himself. 

      PART 2.  REGISTRATION

   298.  (a) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership" and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
   (b) (1) The Secretary of State shall distribute these forms to
each county clerk.  These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
   (2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and shall
charge these fees to persons filing the forms.
   (c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that he or
she meets the requirements of Section 297 at the time the form is
signed, (2) provide a mailing address, (3) sign the form 
under penalty of perjury   with a declaration that
representations made therein are true, correct, and contain no
material omissions of fact to the best knowledge and belief of the
applicant  , and (4) have a notary public notarize his or her
signature.   Violations of this subdivision are punishable as a
misdemeanor. 
   298.5.  (a) Two persons desiring to become domestic partners may
complete and file a Declaration of Domestic Partnership with the
Secretary of State.
   (b) No person who has filed a Declaration of Domestic Partnership
may file a new Declaration of Domestic Partnership until at least six
months after the date that a Notice of Termination of Domestic
Partnership was filed with the Secretary of State pursuant to
subdivision (b) of Section 299 in connection with the termination of
the most recent domestic partnership.  This prohibition does not
apply if the previous domestic partnership ended because one of the
partners died.

      PART 3.  TERMINATION

   299.  (a) A domestic partnership is terminated when any one of the
following occurs:
   (1) One partner gives or sends to the other partner a written
notice that he or she is terminating the partnership.
   (2) One of the domestic partners dies.
   (3) One of the domestic partners marries.
   (4) The domestic partners no longer have a common residence.
   (b) Upon termination of a domestic partnership, at least one
former partner shall file a Notice of Termination of Domestic
Partnership with the Secretary of State.  The partner who files the
Notice of Termination of Domestic Partnership shall send a copy of
the notice to the last known address of the other partner.
   (c) A former domestic partner who has given a copy of a
Declaration of Domestic Partnership to any third party in order to
qualify for any benefit or right shall, within 60 days of termination
of the domestic partnership, give or send to the third party, at the
last known address of the third party, written notification that the
domestic partnership has been terminated.  A third party who suffers
a loss as a result of failure by the domestic partner to send this
notice shall be entitled to seek recovery from the partner who was
obligated to send it for any actual loss resulting thereby.
   (d) Failure to file the Notice of Termination of Domestic
Partnership required in subdivision (b) or to provide the third party
notice required in subdivision (c) shall not delay or prevent the
termination of the domestic partnership.

      PART 4.  LEGAL EFFECT

   299.5.  (a) The obligations that two people have to each other as
a result of creating a domestic partnership are those described in
Section 297.  Registration as a domestic partner under this division
shall not be evidence of, or establish, any rights existing under law
other than those expressly provided to domestic partners in this
division, Sections 1261 and 1374.58 of the Health and Safety Code, or
Section 10121.7 of the Insurance Code.
   The provisions relating to domestic partners provided in this
division, Sections 1261 and 1374.58 of the Health and Safety Code,
and Section 10121.7 of the Insurance Code shall not diminish any
right under any other provision of law.
   (b) Upon the termination of a domestic partnership, the partners,
from that time forward, shall incur none of the obligations to each
other as domestic partners that are created by this division,
Sections 1261 and 1374.58 of the Health and Safety Code, or Section
10121.7 of the Insurance Code.
   (c) 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.
  SEC. 2.  Section 1261 is added to the Health and Safety Code, to
read:
   1261.  (a) A health facility shall allow a patient's domestic
partner, the children of the patient's domestic partner, and the
domestic partner of the patient's parent or child to visit, unless
one of the following is met:
   (1) No visitors are allowed.
   (2) The facility reasonably determines that the presence of a
particular visitor would endanger the health or safety of a patient,
member of the health facility staff, or other visitor to the health
facility, or would significantly disrupt the operations of a
facility.
   (3) The patient has indicated to health facility staff that the
patient does not want this person to visit.
   (b) This section may not be construed to prohibit a health
facility from otherwise establishing reasonable restrictions upon
visitation, including restrictions upon the hours of visitation and
number of visitors.
   (c) For purposes of this section, "domestic partner" has the same
meaning as that term is used in Section 297 of the Family Code.
  SEC. 3.  Section 1374.58 is added to the Health and Safety Code, to
read:
   1374.58.  (a) A group health care service plan that provides
hospital, medical, or surgical expense benefits  for
employees or subscribers and their dependents shall provide
eligibility or benefits to the domestic partner of  
shall offer coverage to employers or guaranteed associations, as
defined in Section 1357, for the domestic partner of  an
employee or subscriber to the same extent, and subject to the same
terms and conditions, as provided to a dependent of the employee or
subscriber  , and shall inform employers and guaranteed
associations of the availability of this coverage  .
   (b)  A   If an employer or guaranteed
association elects to purchase coverage for domestic partners
pursuant to subdivision (a), a  health care service plan that
provides hospital, medical, or surgical expense benefits for
employees or subscribers and their dependents shall enroll as a
dependent, upon application by the employer or group administrator, a
domestic partner of an employee or  subscriber, at any time
the employee or subscriber makes an application for enrollment to the
employer or group administrator.   subscriber in
accordance with the terms and conditions of the group contract that
apply generally to all dependents under the plan, including
coordination of benefits. 
   (c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.  
   (d) A health care service plan may require that the employee or
subscriber verify the status of the domestic partnership by providing
to the plan a copy of a valid "Declaration of Domestic Partnership"
filed with the Secretary of State pursuant to Section 298 or an
equivalent document issued by a local agency of this state, another
state, or a local agency of another state under which the partnership
is created.  The plan may also require that the employee or
subscriber notify the plan upon the termination of the domestic
partnership.
   (e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended. 
  SEC. 4.  Section 10121.7 is added to the Insurance Code, to read:
   10121.7.  (a) A policy of group disability insurance that provides
hospital, medical, or surgical expense  benefits for
employees, insureds, or policyholders and their dependents shall
provide eligibility and benefits to   benefits shall
offer coverage to employers or guaranteed associations, as defined in
Section 10700, for  the domestic partner of an employee,
insured, or policyholder to the same extent, and subject to the same
terms and conditions, as provided to a dependent of the employee,
insured, or policyholder  , and shall inform employers and
guaranteed associations of the availability of this coverage  .

   (b) Each policy of group disability insurance that  
   (b) If an employer or guaranteed association elects to purchase
coverage for domestic partners pursuant to subdivision (a), a
disability insurer that  provides hospital, medical, or surgical
expense benefits for employees, insureds, or policyholders and their
dependents shall enroll as a dependent, upon application by the
employer or group administrator, a domestic partner of the employee,
insured, or policyholder when that employee, insured, or policyholder
 at any time makes an application for enrollment to the
employer or group administrator.   in accordance with
the terms and conditions of the group contract that apply generally
to all dependents under the policy, including coordination of
benefits. 
   (c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.  
   (d) A policy of group disability insurance may require that the
employee, insured, or policyholder verify the status of the domestic
partnership by providing to the insurer a copy of a valid
"Declaration of Domestic Partnership" filed with the Secretary of
State pursuant to Section 298 or an equivalent document issued by a
local agency of this state, another state, or a local agency of
another state under which the partnership is created.  The policy may
also require that employee, insured, or policyholder notify the
insurer upon the termination of the domestic partnership.
   (e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended. 
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard 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 XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.