Part 5PREEMPTION

Section § 299.6

Explanation

This section explains that after July 1, 2000, any local laws or rules creating domestic partnerships will no longer be effective, unless a specific exception applies. However, if a domestic partnership was formed under local rules before that date, it stays valid. These older partnerships will now be governed by the state's rules on domestic partnerships, unless an exception is mentioned. Any local governments can still offer additional rights to domestic partners within their area, even beyond what state law provides, as long as partners agree to meet any extra conditions set by the state.

(a)CA Family Law Code § 299.6(a) Any local ordinance or law that provides for the creation of a “domestic partnership” shall be preempted on and after July 1, 2000, except as provided in subdivision (c).
(b)CA Family Law Code § 299.6(b) Domestic partnerships created under any local domestic partnership ordinance or law before July 1, 2000, shall remain valid. On and after July 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)CA Family Law Code § 299.6(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.
domestic partnership local ordinance July 1 2000 preemption validity of partnerships rights and duties Section 297 Declaration of Domestic Partnership additional obligations local jurisdiction broader definitions third-party duties extra rights policy retention local conditions
(Added by Stats. 1999, Ch. 588, Sec. 2. Effective January 1, 2000.)