Santa Barbara County Municipal Code Ch. 42 Domestic Partnership Registration

(a) California law recognizes the right of unmarried adults to form committed personal relationships and to regulate those relationships voluntarily by agreement. Such relationships have come to be known and recognized in society, by businesses and by government as domestic partnerships. By common understanding, the term "domestic partnership" refers to a relationship between two adults of the same or different sexes that is characterized by mutual dependence and an abiding concern for each other's well-being. Domestic partners generally share a common household and share financial responsibility for their joint household expenses. They frequently own property together and often authorize each other to act on each other's behalf in emergency circumstances.

(b) Census data have shown that unmarried couples constitute an increasing proportion of American households. As domestic partnerships have become more prevalent among individuals who reside or are employed within the county, a corresponding need has arisen on the part of persons in such relationships and on society's part generally for a means for such persons to give public notice of their relationships. Such notice can assist government, the partners' employers, medical personnel, and the partners' other family members and friends by informing them of the partners' shared intent to be recognized as domestic partners.

(c) The County of Santa Barbara recognizes the important public service that will be rendered by creation of a public registry for any resident of or person employed in the county who wishes to make his or her domestic partnership status a matter of public record. The county clerk-recorder presently has authority to maintain all records that are filed or deposited in his or her office pursuant to law. The purpose of this ordinance is to authorize the county clerk-recorder to create a domestic partnership registry by establishing a filing system to maintain statements of domestic partnership for public inspection.

(Ord. No. 4361, § 1)

(a) Two persons who are at least eighteen years of age, and at least one of whom is a resident of or is employed in the County of Santa Barbara, may file a domestic partnership statement, signed under penalty of perjury by both partners, with the county clerk-recorder to state they have entered into a domestic partnership agreement. The statement shall be filed on the form provided by the county clerk-recorder.

(b) If a domestic partnership statement is amended at any time by the partners, such amendment, signed under penalty of perjury by both partners, may also be filed with the county clerk-recorder. An amendment that only changes the name or address of one of the partners need only be signed by that partner. The amendment shall be filed on the form provided by the county clerk-recorder.

(Ord. No. 4361, § 1)

A party to a domestic partnership filed in Santa Barbara County may end said relationship by filing a statement of termination of domestic partnership with the Santa Barbara county clerk-recorder. The termination statement shall be filed on the form provided by the county clerk-recorder. In the statement of termination, the individual will be required to affirm under penalty of perjury that the partnership is terminated, and that a copy of the statement of termination was mailed or delivered to the other party. In case of the death of either party to a domestic partnership filed in Santa Barbara County, a statement of death of domestic partner, along with a certified copy of the death certificate, shall be filed with the county clerk-recorder.

(Ord. No. 4361, § 1)

The county clerk-recorder shall keep a domestic partnership registry consisting of a record of all domestic partnership documents. The records shall be maintained so that documents relating to amendment and termination are cross-referenced with the domestic partnership statement to which they apply. The county clerk-recorder shall provide the partners a certificate showing that a domestic partnership statement was filed. Domestic partnership statements filed with the county clerk-recorder shall be maintained as public records.

(Ord. No. 4361, § 1)

The county clerk-recorder shall adopt procedures for the administration of the registry. The board of supervisors shall by resolution establish the fees for filing domestic partnership statements, amendments and terminations. The costs shall not exceed the county clerk-recorder's actual costs of administering this chapter.

(Ord. No. 4361, § 1)

In lieu of maintaining original documents, the county clerk-recorder may apply documents into an electronic storage media and mail the original document to the mailing address as shown on the document.

(Ord. No. 4361, § 1)

This chapter is not intended to create any private or public cause of action for any person or entity.

(Ord. No. 4361, § 1)