[HISTORY: Adopted by the Town Board of the
Town of Huntington 6-1-2004 by L.L. No. 18-2004. Amendments noted
where applicable.]
(A)
It is the intention of the Huntington Town Board to
establish a mechanism by which those who choose not to marry can express
and document their commitment to each other as "domestic partners."
The Town Board deems it is appropriate and fair that certain societal
benefits and privileges now accorded to those who are in a legally
recognized partnership be available to domestic partners.
[Amended 10-11-2011 by L.L. No. 27-2011; 7-11-2023 by L.L. No. 12-2023]
(B)
This legislation is intended to define the term "domestic
partnership" and establish a registry for residents wishing to acknowledge
such relationships.
A domestic partnership shall exist between two
persons under the following circumstances:
(A)
The persons are not related by blood closer than would
bar marriage in the State of New York.
(B)
Neither person is married.
(C)
Both persons are eighteen (18) years of age or older.
(D)
Both persons are competent to enter into a contract.
(E)
The persons declare that they are each other's sole
domestic partner.
(F)
The persons currently share a primary residence within
the Town of Huntington and declare that they intend to do so for the
indefinite future.
(G)
The persons declare that they are in a relationship
of mutual support, caring and commitment and are responsible for each
other's welfare. For these purposes, "mutual support" means that each
contribute mutually to each other's maintenance and support.
(H)
The persons declare that they have resided together
and shared a relationship of mutual support for a period of not less
than one (1) year prior to their registration as a domestic partnership.
(I)
Both persons agree to file a termination of partnership
if there is a change in the status of their domestic partnership.
(J)
The persons shall file a statement of domestic partnership
as set forth in this chapter and pay the required fee.
(A)
Contents. The statement shall be signed under the
penalty of perjury and shall include the date on which the persons
became each other's domestic partner and the address of both partners.
Certified copies of each partner's birth certificate or proof of birth
date in a form acceptable to the Town Clerk and a copy of either a
driver's license or other photo identification acceptable to the Town
Clerk shall be provided to the Town Clerk at the time of registration.
[Amended 10-11-2011 by L.L. No. 27-2011; 7-11-2023 by L.L. No. 12-2023]
(B)
Affirmation of requirements. The domestic partnership statement shall also include an affirmation sworn to in person by each partner at the Office of the Town Clerk on the day of filing as to each element contained in § 98-2 or this chapter. Both parties to the partnership shall be present when the affidavit is submitted.
[Amended 7-11-2023 by L.L. No. 12-2023]
(C)
Amendment of domestic partnership statement. Partners
may amend the domestic partnership statement at any time by filing
an amended statement.
[Amended 10-11-2011 by L.L. No. 27-2011]
(D)
Termination of domestic partnership. The domestic
partnership statement may be terminated as follows:
(1)
Either one or both members to a domestic partnership
may terminate the domestic partnership by filing a termination statement
with the Town Clerk. The person filing the termination statement must
declare, under penalty of perjury, that the domestic partnership is
terminated, and if the termination statement has not been signed by
both members, that a copy of the termination statement has been mailed
to the other member by regular mail and certified mail, return receipt
requested, to the last known address of the other member, or that
a copy of the termination statement has been personally given to the
other member.
[Amended 10-11-2011 by L.L. No. 27-2011]
(2)
If signed by only one member of the partnership, the
termination statement shall be filed with a notarized affidavit of
service or proof of mailing issued by the United States Postal Service,
together with a copy of the certified mail receipt, as evidence that
the statement has been mailed to the other partner, or a notarized
statement of the other partner acknowledging the termination.
[Amended 10-11-2011 by L.L. No. 27-2011]
(3)
A domestic partnership shall automatically terminate
whenever one of the members to the domestic partnership marries a
third party, or the domestic partners marry each other, or upon the
death of one of the members.
[Amended 10-11-2011 by L.L. No. 27-2011]
(4)
New statements of domestic partnership. No person
who has filed a statement of domestic partnership may file another
statement of domestic partnership until six (6) months after the termination
statement of a previous partnership has been on file with the Town
Clerk.
Anyone who has signed a statement of domestic
partnership must file it with the Town Clerk. The statement of domestic
partnership, or any termination or amendment thereof, shall not be
deemed effective until filed with the Town Clerk according to the
provisions of this chapter.
(A)
Form of statements. All statements relating to domestic
partnerships shall be notarized and executed as a declaration made
under the penalty of perjury. The Town Clerk shall provide forms as
necessary to interested individuals.
(B)
Fees for filing of statements and issuance of domestic
partnership certificates and registry cards. There shall be a fee
of twenty-five ($25) dollars for the filing of a domestic partnership
statement and issuance of a domestic partnership certificate and domestic
registry card(s) or documentation of any termination thereof. Such
fees shall cover the cost of filing and providing two (2) copies of
the certificate of domestic partnership registration, two (2) domestic
registry (wallet size) cards or termination. There shall be a fee
of ten ($10) dollars for each additional certified copy of the certificate,
registry card or amended copy of a certificate or documentation of
a termination of a partnership.
(A)
The Town Clerk shall ensure the confidentiality of
information contained in the registry. In the ordinary course of business,
such information shall be released as follows:
(B)
Nothing herein shall be construed to prohibit the
publication of statistics or information pertaining to domestic partnerships
which have been registered by the Town Clerk, and are legally obtainable
under the Freedom of Information Laws of New York State.
