Bill Text: CA SB273 | 2017-2018 | Regular Session | Amended
Bill Title: Marriage and domestic partnership: minors.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-09-21 - Chaptered by Secretary of State. Chapter 660, Statutes of 2018. [SB273 Detail]
Download: California-2017-SB273-Amended.html
Amended
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Assembly
August 06, 2018 |
Amended
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Assembly
September 08, 2017 |
Amended
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Assembly
September 05, 2017 |
Amended
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Assembly
June 21, 2017 |
Amended
IN
Senate
May 26, 2017 |
Amended
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Senate
May 15, 2017 |
Amended
IN
Senate
May 03, 2017 |
Amended
IN
Senate
April 24, 2017 |
Amended
IN
Senate
March 20, 2017 |
Senate Bill | No. 273 |
Introduced by Senator Hill (Principal coauthor: Assembly Member Gonzalez Fletcher) |
February 09, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 297.1 of the Family Code is amended to read:297.1.
(a) A person under 18 years of age who, together with the person with whom he or she proposes to establish a domestic partnership, otherwise meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, may establish a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership.(a)The Secretary of State shall create a document, updated annually, broken down by county, containing only the age at the time the domestic partnership was established, and gender as documented on the court order described in Section 297.1, unless the court order does not include the gender, of each party to a registered domestic partnership in which one or both of the parties were minors at the time the domestic partnership was established.
(b)The document shall not
contain
the names, addresses, or other personal identifying information of parties to the registered domestic partnerships.
(c)The Secretary of State shall make the document available to the public upon request.
(d)The Secretary of State shall not, for purposes of this section, collect, track,
or post the name, date of birth, address, or other personal identifying information of any party described in this section.
SEC. 2.
Section 298.8 is added to the Family Code, to read:298.8.
(a) The Secretary of State shall create a document no later than March 1, 2020, with annual updates no later than March 1 of each year thereafter, disaggregated by county, containing only the following information concerning domestic partnerships that were registered during the preceding calendar year and in which one or both of the parties were minors at the time the domestic partnership was established:SEC. 3.
Section 302 of the Family Code is amended to read:302.
(a) An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304.SEC. 4.
Section 303 of the Family Code is amended to read:303.
If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry, in accordance with the requirements described in Section 304. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.SEC. 5.
Section 304 of the Family Code is amended to read:304.
(a) In determining whether to issue a court order granting permission to marry pursuant to Section 302 or 303, the court shall do all of the following:(2)
SEC. 6.
Section 423 of the Family Code is amended to read:423.
(a) The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony.SEC. 7.
Section 1501 of the Family Code is amended to read:1501.
A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated, is otherwise capable of contracting marriage pursuant to Section 302 or 303, or has entered or is entering a marriage that is valid in the jurisdiction where the marriage is solemnized.SEC. 8.
Section 2210 of the Family Code is amended to read:2210.
A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:SEC. 9.
Section 7002 of the Family Code is amended to read:7002.
A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:(a)The State Registrar shall create a document, updated annually, broken down by county, containing only the age at the time of solemnization of the marriage, and gender, unless the court order does not include the gender, of each party to a marriage certificate in which one or both of the parties were minors at the time of solemnization of the marriage, as that information was reported by the local registrar pursuant to subdivision (b) of Section 102355.
(b)The document shall not contain
the names, addresses, or other personal identifying information of parties to the certificates.
(c)The State Registrar shall make the document available to the public upon request.
(d)The State Registrar shall not, for purposes of this section, collect, track, or post the name, date of birth, address, or other personal identifying information of any party described in this section.
(a)The local registrar of marriages shall transmit to the State Registrar not less than quarterly all original marriage certificates accepted for registration by him or her during the preceding quarter. Certificates shall be batched by calendar year of event prior to transmission. Certificates may be transmitted at more frequent intervals by arrangement with the State Registrar.
(b)Before transmitting marriage certificates pursuant to subdivision (a), the local registrar shall separate, from the remaining certificates, the set of certificates in which one or both of the parties were minors at the time of solemnization of the marriage. The local
registrar shall send to the State Registrar, as soon as possible, notwithstanding the requirement in subdivision (a) to transmit other certificates not less than quarterly, the set of certificates along with the corresponding copy of the court order described in Section 304 of the Family Code and received pursuant to Section 423 of the Family Code for purposes of Section 102233.