BILL NUMBER: AB 26	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly 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  
Article 9 (commencing with Section 22867) to Chapter 1 of Part 5 of
Division 5 of Title 2 of the Government Code, and to add Section 1261
 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" 
provide that a domestic partnership shall be established between 2
adults of the same sex who have a common residence and meet other
specified criteria  and  would  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  or married  .
   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   , and  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 accompanied by a specified declaration of veracity.
  Violation of this requirement would be a misdemeanor.  By 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.  
   The bill would also preempt, on and after January 1, 2000, any
local ordinance or law that provides for the creation of a domestic
partnership, as specified, except that a local jurisdiction may
retain or adopt policies or laws that offer rights to domestic
partners within the jurisdiction and impose duties that are in
addition to the rights and duties established by state law, as
specified. 
   (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 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 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
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.   The existing Public
Employees' Medical and Hospital Care Act authorizes the Board of
Administration of the Public Employees' Retirement System to provide
health benefits plan coverage to state and local public employees and
annuitants and their family members.
   This bill would authorize the state and local employers to offer
health care coverage and other benefits to domestic partners, as
defined, who have submitted certificates of eligibility or
Declarations of Domestic Partnership to the board. 
  (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   that  would prevent them from being married
to each other in this state.
   (5) Both persons are at least 18 years of age.
   (6)  Both persons are members of the same sex.
   (7) Both persons are capable of consenting to the domestic
partnership.
   (8) Neither person has previously filed a Declaration of Domestic
Partnership with the Secretary of State pursuant to this division
that has not been terminated under Section 299.
   (9)  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   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
 are cohabitants   have a common residence 
even if one or both have additional residences.  Domestic partners
do not cease to  be cohabitants   have a common
residence  if one leaves the common residence but intends to
return.
   (d) "Basic living expenses" means  food and shelter
  , shelter, utilities, and all other costs directly
related to the maintenance of the common household of the common
residence of the domestic partners  .  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.   Persons to whom
these expenses are owed may enforce this responsibility if, in
extending credit or providing goods or services, they relied on the
existence of the domestic partnership and the agreement of both
partners to be jointly responsible for those specific expenses. 


      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 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   acknowledge  his or her signature.  
Both partners' signatures shall be affixed to one Declaration of
Domestic Partnership form, which form shall then be transmitted to
the Secretary of State according to the instructions provided on the
form.   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)  The Secretary of State shall register the Declaration of
Domestic Partnership in a registry for those partnerships, and shall
return a copy of the registered form to the domestic partners at the
address provided by the domestic partners as their common residence.

   (c)  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  or married  .

      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  by certified mail  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  by mailing a completed
form to the Secretary of State by certified mail.  The date on which
the Notice of Termination of Domestic Partnership is received by the
Secretary of State shall be deemed the actual termination date of the
domestic partnership, unless termination is caused by the death or
marriage of a domestic partner, in which case the actual termination
date shall be the date indicated on the Notice of Termination of
Domestic Partnership form  .  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  
   (d) Failure 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   and
Section 1261  of the Health and  Safety Code, or Section
10121.7 of the Insurance Code.   Safety Code. 
   The provisions relating to domestic partners provided in this
division  , Sections 1261 and 1374.58   and
Section 1261  of the Health  and Safety Code, and
Section 10121.7 of the Insurance   and Safety  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   and Section 1261  of
the  Health and Safety Code, or Section 10121.7 of the
Insurance Code.
   (c)   Health and Safety Code.
   (c) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not change the character of property, real or
personal, or any interest in any real or personal property owned by
either domestic partner or both of them prior to the date of filing
of the declaration.
   (d) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not, in and of itself, create any interest in,
or rights to, any property, real or personal, owned by one partner
in the other partner, including, but not limited to, rights similar
to community property or quasi-community property.
   (e) Any property or interest acquired by the partners during the
domestic partnership where title is shared shall be held by the
partners in proportion of interest assigned to each partner at the
time the property or interest was acquired unless otherwise expressly
agreed in writing by both parties.  Upon termination of the domestic
partnership, this subdivision shall govern the division of any
property jointly acquired by the partners.
   (f) The formation of a domestic partnership under this division
shall not change the individual income or estate tax liability of
each domestic partner prior to and during the partnership, unless
otherwise provided under another state or federal law or regulation.

   (g)  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.  

      PART 5.  PREEMPTION

   299.6.  (a) Any local ordinance or law that provides for the
creation of a "domestic partnership" shall be preempted on and after
January 1, 2000, except as provided in subdivision (c).
   (b) Domestic partnerships created under any local domestic
partnership ordinance or law before January 1, 2000, shall remain
valid.  On and after January 1, 2000, domestic partnerships
previously established under a local ordinance or law shall be
governed by this division and the rights and duties of the partners
shall be those set out in this division, except as provided in
subdivision (c), provided a Declaration of Domestic Partnership is
filed by the domestic partners under Section 298.5.
   (c) Any local jurisdiction may retain or adopt ordinances,
policies, or laws that offer rights within that jurisdiction to
domestic partners as defined by Section 297 or as more broadly
defined by the local jurisdiction's ordinances, policies, or laws, or
that impose duties upon third parties regarding domestic partners as
defined by Section 297 or as more broadly defined by the local
jurisdiction's ordinances, policies, or laws, that are in addition to
the rights and duties set out in this division, and the local rights
may be conditioned upon the agreement of the domestic partners to
assume the additional obligations set forth in this division.
  SEC. 2.  Article 9 (commencing with Section 22867) is added to
Chapter 1 of Part 5 of Division 5 of Title 2 of the Government Code,
to read:

      Article 9.  Domestic Partners

   22867.  It is the purpose of this article to provide employers the
ability to offer health care coverage through this part to the
domestic partners of their employees and annuitants.
   22868.  For this part only, and only for the purposes of providing
health care coverage pursuant to this part, a domestic partner is an
adult in a domestic partnership, as defined in Section 22869, with a
person enrolled as an employee or annuitant of an employer
contracting with the board for health benefits coverage, who has
submitted to the system a certificate of eligibility pursuant to
Section 22872 or a valid Declaration of Domestic Partnership filed
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code.
   22869.  For purposes of this part, a "domestic partnership" shall
be two people who meet all of the criteria set forth in Section 297
of the Family Code
   22871.  Notwithstanding any other provision of law, a domestic
partner shall be included in the definition of a family member for
purposes of Sections 22777, 22778, subdivision (a) of Section 22791,
Sections 22811, 22811.5, 22811.6, 22812, 22813, 22815, subdivision
(c) of Section 22816, Sections 22816.3, 22816.35, 22817, 22819,
22823, subdivision (a) of Section 22825, subdivision (a) of Section
22825.1, Section 22825.7, paragraph (1) of subdivision (b) of Section
22840.2, subdivision (f) of Section 22840.2, subdivision (b) of
Section 22856, and Section 22859.
   22871.1.  Notwithstanding Section 22871 or any other provision of
law, a domestic partner shall not be included in the definition of a
family member for purposes of subdivisions (e) and (f) of Section
22754, subdivision (a) of Section 22811.6, and Section 22821.
   22871.2.  Notwithstanding subdivision (f) of Section 22754 or any
other provision of law, a domestic partner shall be considered to be
a family member for purposes of Section 22810 except that a domestic
partner shall not be considered a family member for purposes of
continued health coverage eligibility upon the death of the employee
or annuitant.
   22872.  (a) In order to receive any benefit provided by this
article, an employee or annuitant and his or her domestic partner
shall complete, have notarized, and file on a form designated by the
board, a certificate of eligibility or a valid Declaration of
Domestic Partnership filed pursuant to Division 2.5 (commencing with
Section 297) of the Family Code.
   (b) The employee or annuitant shall also provide a signed
statement indicating that the employee or annuitant agrees that he or
she may be required to reimburse the employer, their designated
health services plan, and the system, for any expenditures made by
the employer, their designated health services plan, and the system,
for medical claims, processing fees, administrative charges, costs,
and attorney's fees on behalf of the domestic partner if any of the
submitted documentation is found to be incomplete, inaccurate, or
fraudulent.
   22873.  (a) Any employer may, at its option, offer health benefits
pursuant to this article, to the domestic partners of its employees
and annuitants.
   (b) The employer shall notify the board, in a manner prescribed by
the board, that it is electing to provide health care coverage
through this article to the domestic partners of its employees and
annuitants.
   (c) The employer shall provide to the system any information
deemed necessary by the board to determine eligibility under this
article.
   22874.  Notwithstanding any other provision of law, this article
shall not be construed to extend any vested rights to any person nor
be construed to limit the right of the Legislature to subsequently
modify or repeal any provision of this article.
   22875.  This article shall apply to (a) employees who are members
of bargaining units only if those units have signed a memorandum of
understanding between their employer and the recognized employee
organization to adopt the benefits accorded under this article, and
(b) the members of the Public Employees' Retirement System who are
employed by the Assembly, the Senate, the Judicial Council, and the
California State University only if the Assembly Rules Committee, the
Senate Rules Committee, the Judicial Council, and the Board of
Trustees of the California State University, respectively, make this
section applicable to their employees.
  SEC. 3.   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 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) 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
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 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) 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
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.  
  SEC. 4.   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.