[Ord. 1971, 8/1/2011]
The Borough of State College has an interest in strengthening
and supporting all caring, committed and responsible family forms.
The Borough of State College recognizes the importance of cultural
diversity and equal treatment as evidenced by its enactment of a fair
housing and public accommodations ordinance and the antidiscrimination
in employment ordinance which protect its citizens from discrimination.
A domestic partnership registry further offers a means by which unmarried
couples in committed ongoing family relationships may document their
relationships. Establishment of a registry recognizes the diversity
of family configurations and provides public recognition of these
relationships.
[Ord. 1971, 8/1/2011]
For the purposes of this ordinance, "domestic partners" are
two persons:
a. Who declare that they are in a relationship of mutual support, caring
and commitment;
b. Who maintain a joint residence;
c. Who are at least 18 years of age and otherwise competent to enter
into a contract;
d. Who are not related by blood in a manner that would bar marriage
in the Commonwealth of Pennsylvania;
e. Who are not married to or legally separated from any other person;
f. Who are not in another domestic partnership; and
g. Who are not claimed as a dependent by any other party for tax purposes.
[Ord. 1971, 8/1/2011]
Domestic partners may declare a domestic partnership by signing,
having two witnesses sign and having a notary public notarize the
uniform declaration of domestic partnership form provided by the Borough
of State College and presenting the completed form to the Borough
Secretary who shall file it and give the partners two certified copies
of the certificate of domestic partnership showing that the declaration
was filed.
[Ord. 1971, 8/1/2011]
A domestic partnership ends when:
a. One or both partners file the notice of termination of domestic partnership under §
10-705; or
b. One of the partners dies; or
c. One of the partners legally marries.
[Ord. 1971, 8/1/2011]
Notice of the termination of a domestic partnership shall be
accomplished as follows:
A domestic partnership is terminated pursuant to §
10-704 when at least one of the partners signs (with notarization) a notice saying that the partnership has ended. The notice shall be filed with the Borough Secretary in order to be valid. If either partner does not sign the notice, the Borough Secretary shall mail a copy of the notice to the last known address of that domestic partner.
[Ord. 1971, 8/1/2011]
The Borough Secretary shall provide to interested individuals
a uniform declaration of domestic partnership form and a copy of the
ordinance.
[Ord. 1971, 8/1/2011]
The Borough Secretary shall charge a fee for the filing of a
domestic partnership declaration. Fees for shall be set by resolution
of the State College Borough Council. The payment of the established
fee shall entitle the person filing a declaration on behalf of the
domestic partnership to receive from the Borough Secretary two certified
copies of the certificate of domestic partnership. Additional certified
copies of the certificate shall be made available at the same time
or at any other time at a cost not to exceed $1 per copy to the person
filing or named in the domestic partnership. No additional fee shall
be charged for filing a termination of domestic partnership statement.
[Ord. 1971, 8/1/2011]
The Borough Secretary shall maintain a record of all uniform
declarations of domestic partnership and of all terminations of domestic
partnership. Information received is a public record, and copies of
declarations and terminations may be disclosed as provided by law,
including, but not limited to, in response to requests under the Pennsylvania
Right to Know Act.
[Ord. 1971, 8/1/2011]
The Borough of State College shall not make a determination
as to whether applicants meet the Ordinance definitions, nor make
a determination as to whether a partnership has been terminated. The
Borough of State College will rely on information provided by applicants
and partners, and assumes no responsibility therefor. The Borough
of State College assumes no liability to any applicant, partner or
user of information related to the registry for any claim, regardless
of its nature.