[HISTORY: Adopted by the Rockland County
Legislature 3-21-2006 by L.L. No. 9-2006. Amendments noted where
applicable.]
GENERAL REFERENCES
Fair housing — See Ch. 261.
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 relationships other than marriages.
The County of Rockland 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:
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:
An affidavit prepared by the Office of the County Clerk in
accordance with procedures adopted by the County Clerk. The procedures
of the County Clerk with regard to such affidavits shall be adopted
by the effective date of this chapter.
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 Rockland County
or at least one partner is employed by the County of Rockland.
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 Rockland County or at
least one person is employed by the County of Rockland on the date
of registration;
(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 their 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. This 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 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 Rockland, or one
of us is employed by the County of Rockland. 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 calendar
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 calendar
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 § 232-6 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 partnership shall file an affidavit
of termination 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.
B.
Nothing herein shall be construed to prohibit the
publication of statistics pertaining to domestic partnerships that
have been registered with the Office of the County Clerk.
A.
Upon the proper filing of the documents required by
this chapter to create a domestic partnership, 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 this chapter and information about available counseling for
AIDS and sexually transmitted diseases in the same manner as is required
for marriage licenses.
B.
The certificate of domestic partnership shall constitute
sufficient and conclusive evidence of a registered domestic partnership
when persons apply for rights or 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 Rockland County.
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 or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the controversy
in which such order or judgment was rendered.
