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
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August 23, 2018 |
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August 06, 2018 |
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September 08, 2017 |
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September 05, 2017 |
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June 21, 2017 |
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May 26, 2017 |
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May 15, 2017 |
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May 03, 2017 |
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April 24, 2017 |
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March 20, 2017 |
Senate Bill | No. 273 |
Introduced by Senator Hill (Principal coauthor: Assembly Member Gonzalez Fletcher) |
February 09, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires a certified copy of a court order granting a minor permission to establish a domestic partnership to be filed with the Secretary of State with the Declaration of Domestic Partnership.
This bill would make the certified copy of the court order confidential and not subject to disclosure, except as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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. (3)A certified copy of a court order filed with the Secretary of State with the Declaration of Domestic Partnership pursuant to this subdivision shall be
confidential and is not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary in response to a subpoena or order of a court of competent jurisdiction.
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: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:SEC. 10.
Section 102233 is added to the Health and Safety Code, to read:102233.
(a) The State Registrar 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 information received by a local registrar during the preceding calendar year pursuant to subdivision (a) of Section 102356, concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage.SEC. 11.
Section 102356 is added to the Health and Safety Code, to read:102356.
(a) For purposes of Section 102233, the local registrar of marriages shall submit to the State Registrar, at least annually, all of the following information concerning marriage certificates that are accepted for registration by him or her during the same calendar year and in which one or both of the parties were minors at the time of solemnization of the marriage:The Legislature finds and declares that Section 1 of this act, which amends Section 297.1 of the Family Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The Legislature finds and declares that in order to protect the privacy of a minor establishing a domestic partnership with another person, it is
necessary that the certified copy of the court order granting permission to establish the domestic partnership and that is filed with the Secretary of State with the Declaration of Domestic Partnership be confidential, except as necessary in response to a subpoena or order of a court of competent jurisdiction.