[HISTORY: Adopted by the Legislature of the
County of Putnam 6-3-2008 by L.L. No. 15-2008. Amendments noted
where applicable.]
Significant changes in our society have resulted
in the creation of diverse living arrangements and the emergence of
an expanded concept of the family unit. Many persons today live as
families in enduring, committed relationship other than marriages.
The County of Putnam has an interest in supporting all caring, committed
and responsible family units. The County also recognizes that it is
in the public interest for persons in committed relationships and
who share common households to be able to register those relationships
formally.
As used in this chapter, the following terms
shall have the meanings indicated:
An affidavit prepared by the Office of the County Clerk with
regard to such affidavits shall be adopted by the effective date of
the legislation.
For purposes of this chapter, a domestic partner
shall be:
An unmarried person 18 years of age or older
and competent to contract;
Unrelated by blood to his or her domestic partner
in a manner that would bar their marriage in New York State; and
Sharing a common household with a partner in
a close and committed, financially interdependent personal relationship.
In addition, such person shall have:
As used in the chapter shall mean a marriage as defined in
§ 10 of the New York State Domestic Relations Law.
A.
Persons may register as domestic partners if, on the
date of the initial registration, they are residents of Putnam County.
B.
In order to register as domestic partners, persons
shall execute an affidavit of domestic partnership before a notary
public and file the affidavit in the Office of the County Clerk. Persons
submitting an affidavit of domestic partnership must declare under
penalty of perjury that:
(1)
The persons are residents of Putnam County;
(2)
Neither person is married;
(3)
The persons are 18 years of age or older;
(4)
The persons are competent to enter into a contract;
(5)
The persons are unrelated by blood to his or her domestic
partner in a manner that would bar marriage in New York State;
(6)
The persons share a common household;
(7)
The persons are in a close and committed, financially
interdependent personal relationship and intend to remain in the relationship;
(8)
The persons are each other's sole domestic partner,
each has no other domestic partner and the persons intend to remain
each other's sole domestic partner;
(9)
Neither person has terminated a previous domestic
partnership within the 60 calendar days immediately prior to the filing
of the affidavit of domestic partnership; and
(10)
The persons agree to file an affidavit of termination
in the event that the domestic partnership is terminated.
C.
A domestic partnership shall be established and effective
upon the filing of an executed affidavit of domestic partnership with
the Office of the County Clerk.
D.
No person shall be eligible to register in the Office
of the County Clerk as a domestic partner if such person has terminated
a previous domestic partnership during the 60 calendar days prior
to the filing of the affidavit of domestic partnership. The sixty-day
waiting period shall not apply if the domestic partnership ended as
a result of death or marriage of one of the domestic partners.
All affidavits relating to the domestic partnership
shall be executed on a form provided by the Office of the County Clerk.
The affidavit of domestic partnership shall contain the following
information and shall be in substantially the following form:
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We, the undersigned, do hereby declare ourselves
to be domestic partners. We reside in the County of Putnam. We are
both 18 years of age or older, unmarried and competent to enter into
a contract. We are not related by blood in a manner that would bar
marriage under the laws of the State of New York. We share a common
household. We are in a close and committed, financially interdependent
personal relationship and intend to remain in the relationship. We
are each other's sole domestic partner, have no other domestic partner
and intend to remain each other's sole domestic partner. Neither of
us has terminated another domestic partnership within the last 60
days. We agree to file a termination statement in the event that the
domestic partnership is terminated.
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Either domestic partner may, on a form provided
by the County Clerk, amend an affidavit of domestic partnership filed
with the Office of the County Clerk at any time to reflect a change
in the information previously provided to the County Clerk.
A.
The domestic partnership shall end a) as of the date
that either of the domestic partners dies; b) as of the date that
either of the domestic partners marries; or c) as of 30 days after
either or both domestic partners file an executed affidavit of termination,
except that the death of a domestic partner shall not automatically
terminate any benefits extended by third parties.
B.
Either or both domestic partners may terminate a registered
domestic partnership by filing in the Office of the County Clerk a
notarized statement declaring, under the penalty of perjury, that
the domestic partnership is terminated, on a form provided by the
County Clerk. In the event that only one of the partners executes
the affidavit of termination, the terminating partner shall attest
upon filing that he or she has sent a written notice that he or she
is terminating the partnership to the other partner at the other partner's
last known address, by means of registered mail, return receipt requested.
Any domestic partnership so terminated shall be effective 30 days
from the date of the filing of the executed affidavit of termination
with the Office of the County Clerk.
C.
Upon the filing of the affidavit of termination, a
former partner may cancel a declaration given to any third party by
giving such third party a certified copy of the affidavit of termination.
When a domestic partnership has been terminated pursuant to § 143-6 of this chapter, no new affidavit of domestic partnership involving either of the parties to the terminated domestic partnership shall be valid under this chapter until 60 calendar days after the effective date of the executed affidavit of termination. This sixty-day waiting period shall not apply where the domestic partnership terminated as a result of the death or marriage of one of the domestic partners.
The County Clerk shall set reasonable fees of
not more than $35 to be charged for the 1) filing, 2) amendment to,
or 3) termination of, a domestic partnership registration. Upon payment
of the aforesaid fee, the individual(s) shall receive two certified
copies of the applicable document. The fee for obtaining additional
certified copies of the applicable document shall be the fee customarily
charged by the County Clerk for obtaining additional certified copies
of documents filed with the Office of the County Clerk.
A.
When a domestic partnership has ended, at least one
of the partners to the domestic relationship shall file an affidavit
within 30 days of the domestic partnership termination with the Office
of the County Clerk.
B.
Any person registered as a domestic partner shall,
within 30 days of any change in that status, give notice to any party
who, in order to qualify the domestic partner for a benefit or right,
was originally given a copy of the certificate of domestic partnership.
A.
The County Clerk shall maintain a log of registrations,
amendments and terminations of domestic partnerships by name of each
individual and date of filing in a format designed to facilitate access
to such statements. The log shall be a public record pursuant to the
New York State Freedom of Information Law. The County Clerk shall
treat any other information of a personally identifying nature relating
to any individual as a matter of personal privacy exempt from disclosure
under the New York State Freedom of Information Law.[1]
B.
Nothing herein shall be construed to prohibit the
publication of statistics pertaining to domestic partnership that
have been registered with the Office of the County Clerk.
A.
Upon the proper filing of the documents required by § 143-4, the County Clerk shall issue to each registering domestic partner a certified copy of a certificate of domestic partnership and may additionally provide them with a copy of the law and information about available counseling for AIDS and sexually transmitted diseases in the same manner as is required for marriage license.
B.
The certificate of domestic partnership shall constitute
sufficient and conclusive evidence of a registered domestic partnership
when persons apply for rights and benefits available to domestic partners.
C.
No domestic partner who holds a valid certificate
of domestic partnership shall be denied any rights of visitation of
his or her domestic partner which are accorded to spouses, next of
kin or family members at any correctional facility, hospital, nursing
home or health care facility located within Putnam County.
D.
Nothing contained in this chapter shall be construed
to require any hospital, nursing home or health care facility that
is operated or controlled by any religious institution or organization
to provide visitation rights to an individual based solely upon their
relationship as a domestic partner.
Nothing in this chapter shall be deemed to supersede,
alter, affect or conflict with any state or federal laws or rules.
If any section of this chapter or the application
thereof to any individual, partnership or circumstance shall be adjudged
invalid or unconstitutional by any court of competent jurisdiction,
such order of judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the controversy
in which such order of judgment was rendered.
