[HISTORY: Adopted by the Suffolk County Legislature 4-4-2006 by L.L. No.
26-2006 (Ch. 265 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
GENERAL REFERENCES
Human rights — See Ch. 528.
A.
This Legislature hereby finds and determines that the American tradition
of equal opportunity and the exercise of individual rights protects
all citizens against discrimination.
B.
This Legislature also finds that many couples who live together often
have personal relationships and bonds that are as strong as, if not
stronger than, married couples, and such couples nurture and care
for one another in sickness and in health.
C.
This Legislature hereby determines that the World Trade Center attack
demonstrated the need to provide domestic partners in committed relationships
with a means to legally establish that relationship because there
are numerous situations in which one partner is injured or killed
and the remaining partner has been denied the ability to collect insurance,
reside in the partnership's residence, claim next-of-kin benefits,
or even to visit his or her hospitalized partner.
D.
Therefore, the purpose of this chapter is to establish a Suffolk
County registry for domestic partners of County residents and/or employees,
be they heterosexual or of the same sex.
As used in this chapter, the following terms shall have the
meanings indicated:
An affidavit prepared by the office of the County Clerk in
accordance with rules adopted by the County Clerk.
Persons who have a registered domestic partnership, including
any partnership registered pursuant to this chapter.
The registry maintained by the County Clerk pursuant to this
chapter, including all domestic partnerships registered.
A.
Domestic partnership registration. A domestic partnership may be
registered by two people who meet all of the following conditions:
(1)
Either both persons are residents of Suffolk County or at least one
partner is employed by the County of Suffolk on the date of registration;
(2)
Both persons are 18 years of age or older and mentally competent
to execute a contract;
(3)
Neither of the persons is legally married to a third party;
(4)
Neither of the persons is a party to another domestic partnership,
or has been a party to another domestic partnership within the six
months immediately prior to registration;
(5)
The persons are not related to each other by blood in a manner that
would bar their marriage in the State of New York;
(6)
The persons have a close and committed personal relationship, live
together and have been living together on a continuous basis for at
least one year;
(7)
The persons return a completed domestic partners affidavit provided
by the County Clerk, notarized and signed by both parties; and
(8)
The proposed partners submit at least two items of proof evidencing
their financial interdependence from among the following list:
(b)
Joint credit card: statement with both names.
(c)
Joint obligors on loan: note or other loan origination document
with both names.
(e)
Joint tenants on lease: lease with both names.
(g)
Joint custody of a child.
(h)
Joint vehicle ownership: title in both names.
(i)
Joint wills: copy of a will or wills, with each party naming
the other as beneficiary and/or executor.
(j)
Power of attorney: copy of powers of attorney with each party
naming the other party and no limitation on the term of the documents.
(k)
Health-care proxy: copy of health-care proxies/living wills,
with each party giving the other party the power to make health-care/nonresuscitation
decisions upon incapacitation.
(l)
Life insurance: copy of policy with one party naming the other
as beneficiary.
(m)
Retirement benefits: copy of beneficiary designation form with
one party designating the other as beneficiary.
(n)
Tax returns.
(p)
Registration: domestic partnership filed in a different state
or municipality which recognizes such partnerships.
(q)
Day care: joint responsibility for child care as evidenced by
school documents or guardianship.
(s)
Affidavit by a creditor or other person able to testify to the
partners' financial interdependence.
(t)
County Clerk: other proof establishing economic interdependence,
as determined by the County Clerk.
B.
In order to register, persons shall execute an affidavit of domestic
partnership and submit it to the County Clerk, who shall maintain
a registry of domestic partnerships. Both parties to the partnership
shall be present when the affidavit is submitted.
C.
Except when one of the parties is confined to a prison, is in a hospital
or other health-care facility, or is unable to travel to the office
of the County Clerk because of a physical disability, the affidavits
shall be submitted to the County Clerk at the office of the County
Clerk.
D.
The County Clerk may adopt such rules and filing fees as are necessary
to implement this domestic partnership registration program, which
shall include provisions necessary to provide for the registration
of domestic partners when one of the partners is in prison or unable
to travel, which shall be comparable (no more restrictive) to the
rules applicable to persons in such circumstances who apply for a
marriage license.
A.
If either party or both parties to a registered domestic partnership
determine that the partnership has terminated, one of the partners
shall file a termination statement with the County Clerk. The person
filing the termination statement shall declare that the domestic partnership
is terminated and, if the termination statement has not been signed
by both domestic partners, that the other domestic partner has been
notified of such termination by registered mail, return receipt requested.
B.
A domestic partnership shall terminate upon the marriage of the domestic
partners to one another or whenever one of the parties to the partnership
marries a third party.
[Amended 8-7-2012 by L.L. No. 48-2012]
C.
A domestic partnership shall terminate upon the death of one of the
parties.
A.
The County Clerk shall establish procedures and filing fees to ensure
the confidentiality of information in the registry of domestic partnerships.
In the ordinary course of business, such records shall be released
only:
B.
The following restrictions shall not apply to records that are at
least 50 years old, or to records where both parties to the domestic
partnership are deceased:
(1)
Where a party to the domestic partnership sends a third party to
obtain a domestic partnership record without a letter of authorization,
the third party may make the request and pay any applicable fee if
the third party consents to have the record mailed directly to the
party to the domestic partnership.
(2)
If a person requires information concerning the prior history of
domestic partnerships of a person who is that person's domestic
partner or spouse or prospective domestic partner or spouse, the office
of the County Clerk shall, upon receiving adequate assurance that
such person's interest is as described in this subsection, payment
of the appropriate fee, and the furnishing of an approximate date
of the registration of the partnership and sufficient information
to search under at least one party's name, confirm only the fact
of a prior domestic partnership by a "yes" or "no" answer.
C.
Nothing herein shall be construed to prohibit the publication of
statistics pertaining to domestic partnerships which have been registered
by the County Clerk, provided that appropriate measures are taken
to prevent identification of persons registered.
A.
The County Clerk shall issue a certificate of domestic partnership
registration to persons who have registered pursuant to this chapter.
Such a certificate shall constitute notice of a registered domestic
partnership when persons apply for rights or benefits available to
domestic partners.
B.
The application fee for the processing of the request for such a
certificate of domestic partnership registration shall be $20 and
must be paid before any such certificate may be issued.
As a matter of County policy:
A.
Nothing in this chapter shall be deemed to supersede, alter, affect
or conflict with any applicable state or federal statutes, laws, regulations,
or rules; nor shall anything in this chapter be construed to confer
any right, privilege, or benefit not explicitly provided for herein.
B.
Nothing in this chapter requires, or is intended to require, any
religious or denominational institution or organization operated for
charitable or educational purposes to recognize or provide health
benefits to domestic partners.
This chapter shall apply to domestic partners who apply for
a domestic partnership registration on or after the effective date
of this chapter.
Any person who willfully makes a material misrepresentation under § 410-3 of this chapter shall be guilty of a violation punishable by a fine not to exceed $500.
