House of Representatives

HB 2309

domestic partner registrations

Sponsors: Representatives Cheuvront, Brotherton, May, Binder, et al.

dpa	Committee on Judiciary
x	Caucus and COW
	Third Read
	As Passed the House

HB 2309 establishes legal recognition of and procedures for domestic partner registrations.

Current Status

As amended in the Judiciary Committee, HB 2309 allows a couple to register as domestic partners in any county within Arizona. The amendment also removes the responsibilities assigned to the Secretary of State to establish forms and fees for domestic partnerships and instead establishes fees pursuant to the general court fee statute.

History

Domestic partner registration gives legal recognition to personal relationships that meet certain criteria. Currently, Arizona does not legally recognize domestic partnerships. Four states (California, Hawaii, Massachusetts and New York) make domestic partner registration available.

Provisions

§ Defines domestic partner as either party in a relationship registered with the clerk of the superior court in Maricopa or Pima county.

§ Outlines the requirements for registering a domestic partnership as:

v In a committed relationship intended to last forever.

v Share basic living expenses.

v Not currently in a marriage or registered domestic partnership.

v If previously married, the person must wait at least six months after the dissolution of the marriage to apply.

v If previously partnered, the person must wait at least six months after the termination of the domestic partner registration to apply.

v Be at least 18 years of age.

v Completing the domestic partnership application as outlined in statute.

v Provide proof of at least three of the outlined requirements.

v Not related to each other as a parent or child, grandparent or grandchild, sibling, uncle, aunt, niece, or nephew or first cousin

§ Creates the application process for domestic partnership registration.

§ Requires the clerk of the superior court to maintain a record of all domestic partnership registrations.

§ Outlines prohibited acts in relation to domestic partnership registration to include:

v Participate in or sanction the domestic partner registration of a person under the age of 18 years.

v Filing or issuing a registration that is not in accordance with the statutory requirements.

§ States that a person who violates this act is guilty of a Class 2 misdemeanor (up to 4 months jail/$750 fine)

§ Outlines the process for terminating a domestic partnership and requires the Secretary of State to develop forms for registration and termination of a domestic partnership.

§ States that the registration of a domestic partnership does not, by itself, confer any rights or responsibilities on the parties not already in existence prior to the registration.

HB 2309 was amended in the Judiciary Committee as follows:

§ Authorizes domestic partnerships to be registered in any county in Arizona.

§ Removes the requirement that the Secretary of State establish fees for registration and instead authorizes a fee pursuant to court fees currently prescribed in statute.

§ Removes the requirement that the clerk of the superior court record domestic partner registrations and retains the requirement that the clerk maintain a record of all registrations issued.

§ Removes the requirement that the Secretary of State develop forms for registration and termination of a domestic partnership.

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§ 45th Legislature

§ Second Regular Session 2 January 30, 2002

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