Marin County Municipal Code Ch. 6.88 Recognition of Domestic Partnerships

The purpose of this chapter is to recognize committed relationships, including those of lesbians and gay men who wish to identify the partners with whom they share their lives.

(Ord. 3140 § 1 (part), 1993)

For the purpose of this chapter, the following definitions shall apply:

(1) "Domestic Partnership." The requirements to be domestic partners are:

(a) The individuals must live together,

(b) The individuals must agree to be jointly responsible for each other's basic living expenses during the domestic partnership,

(c) Neither person may be married or a member of another domestic partnership,

(d) They must not be related in a way which would prevent them from being married to each other,

(e) Both must be over eighteen years of age,

(f) They must sign a declaration of domestic partnership and establish the partnership under Section 6.88.030.

(2) Live Together. "Live together" means that two people share the same living quarters. It is not necessary that the legal right to possess the quarters be in both of their names. Two people may live together even if one or both have additional living quarters. Domestic partners do not cease to live together if one leaves the shared quarters temporarily.

(3) Joint Responsibility for Basic Living Expenses. "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 himself or herself.

(4) Declaration of Domestic Partnership. A "declaration of domestic partnership" is a form which shall be provided by the county clerk. By signing it, two people declare, under penalty of perjury, that they have agreed to be jointly responsible for basic living expenses during the domestic partnership. They also declare that they met the other parts of the definition of domestic partnership when they signed the statement. The form will require each partner to provide a mailing address.

(Ord. 3140 § 1 (part), 1993)

A domestic partnership shall be established by (a) executing a declaration of domestic partnership in the presence of the county clerk, who will file it and give the partners a certificate attesting that the declaration was filed; or (b) executing a declaration of domestic partnership in the presence of an individual authorized to administer oaths, and filing the declaration, duly attested, with the county clerk.

(1) Time Limitation. A person cannot become a member of a domestic partnership until at least six months after any other domestic partnership of which he or she was a member ended. This does not apply if the earlier domestic partnership ended because one of the members died.

(2) Residence Limitation. The county clerk will only file declarations of domestic partnership if:

(a) the partners have a residence in Marin County; or

(b) at least one of the partners works substantially full-time in Marin County.

(Ord. 3140 § 1 (part), 1993)

The fee to be charged by the county clerk for filing domestic partnership declarations, pursuant to this chapter, is set in the amount of thirty-nine dollars.

(Ord. 3141 § 1, 1993)

A domestic partnership shall end as follows:

(1) When the Partnership Ends. A domestic partnership ends when:

(a) One partner sends the other a written notice that he or she has ended the partnership; or

(b) One of the partners dies; or

(c) One of the partners marries; or

(d) The partners no longer live together.

(2) Notice the Partnership Has Ended.

(a) To Domestic Partners. When a domestic partnership ends for a reason other than the death of one of the partners, at least one of the partners must sign a notice saying that the partnership has ended. The notice must be dated and signed under penalty of perjury. A copy of the notice must be filed with the county clerk, who shall attach it to the original declaration. The person who signs the notice must send a copy to the other partner by mail, or deliver it in person.

(b) To Third Parties. When a domestic partnership ends, a domestic partner, who has given a copy of a declaration of domestic partnership to any third party in order to qualify for any financial benefit (or, if that partner has died, the surviving member of the domestic partnership), must give that third party a notice signed under penalty of perjury stating the partnership has ended. The notice must be sent within sixty days of the end of the domestic partnership.

(c) Failure to Give Notice. Failure to give either of the notices required by this subsection will neither prevent nor delay ending the domestic partnership. Anyone who suffers any loss as a result of failure to send either of these notices, may sue the partner who was obliged to send it for actual loss engendered by the failure to receive notice that the domestic partnership has been terminated.

(Ord. 3140 § 1 (part), 1993)

The county clerk shall administer this program as follows:

(1) Amendments to Declarations. A partner may amend a declaration of domestic partnership filed with the county clerk at any time to show a change in his or her mailing address. The county clerk shall note the amendment on the original declaration.

(2) New Declarations of Domestic Partnership. No person who has filed a declaration of domestic partnership with the county clerk may file another domestic partnership until six months after a notice the partnership has ended has been filed. However, if the domestic partnership ended because one of the partners died, a new declaration may be filed any time after the notice the partnership ended is filed.

(3) Maintenance of County Clerk's Records. The county clerk will keep a record of all declarations of domestic partnership, amendments to declarations of domestic partnership, and all notices that a partnership has ended. The records will be maintained so that amendments and notices a partnership has ended are filed with the declarations of domestic partnership to which they apply.

(4) Filing Fees. The board of supervisors will set the filing fee for declarations of domestic partnership and amendments. No fee will be charged for notices that a partnership has ended. The fees charged must cover the county's cost of administering this chapter.

(5) Liability. The county clerk, any officer or employee of the county of Marin, or the county of Marin shall not, under any circumstances, be liable to anyone for the failure or neglect to perform any act required by this chapter.

(Ord. 3140 § 1 (part), 1993)

The legal effects of said declarations shall be:

(1) Obligations. The obligations of domestic partners to each other are those described in the definition.

(2) Duration of Rights and Duties. If a domestic partnership ends, the partners incur no further obligations to each other.

(3) Benefits. This chapter neither requires nor forbids anyone to provide benefits of any kind whatsoever to a domestic partnership.

(Ord. 3140 § 1 (part), 1993)

(1) Patient Designation. Where a health care facility restricts a patient's visitors, the health care facility shall allow every patient to name those individuals whom the patient allows to visit unless:

(a) No visitors are allowed; or

(b) The facility determines that the presence of a particular visitor named by the patient would endanger the health or safety of a patient or patients, or would endanger the primary operations of the facility.

(2) Domestic Partners Who Do Not Make Designations. If a patient with whom visiting is restricted has not made the designation provided for in subsection (1) of this section, and if the patient has not indicated that he or she wishes no visitors, the facility must allow the patient's domestic partner, the children of the patient's domestic partner, or the domestic partner of the patient's parent or child to visit, unless:

(a) No visitors are allowed; or

(b) The facility determines that the presence of a particular visitor would endanger the health or safety of a patient or patients, or would endanger the primary operations of the facility.

(3) Health Care Facility Defined. A "health care facility" is any clinic, health dispensary or health facility licensed under Division 2 of the California Health and Safety Code, any mental hospital, drug abuse clinic or detoxification center.

(Ord. 3140 § 1 (part), 1993)