016 of 2008 - Amending & renumbering Chapter 2.92 relating to a Mutual Commitment Registry (formerly known as Dome 0 08-1
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REPLACES ORDINANCE 4 OF 2008
SALT LAKE CITY ORDINANCE
NO. 16 of 2008
(Relating to Mutual Commitment Registry(Formerly Known as Domestic Partnership
Registry)
AN ORDINANCE AMENDING AND RENUMBERING CHAPTER 2.92, SALT
LAKE CITY CODE, RELATING TO A MUTUAL COMMITMENT REGISTRY
(FORMERLY KNOWN AS DOMESTIC PARTNERSHIP REGISTRY).
WHEREAS, Salt Lake City is comprised of diverse and varied groups,
communities and individuals;
WHEREAS Salt Lake City values this diversity;
WHEREAS, a number of valuable public policy goals, such as the provision of
health care benefits to those who may not currently have access to such benefits, fall
within the powers granted to Salt Lake City by Utah Code Annotated Section 10-8-84(1)
stating that Salt Lake City may pass ordinances intended to "preserve the health, and
promote the prosperity, improve the morals, peace and good order, comfort, and
convenience of the city and its inhabitants."
WHEREAS, the Salt Lake City Council passed Ordinance No. 4 of 2006,
amending Section 2.52.100 titled"Benefits for Dependents of Employees" including that
"an unmarried employee may designate one `adult designee' and the `child' or `children'
of the adult designee"to receive such benefits (the "Ordinance"); and,
WHEREAS, a Mutual Commitment Registry will create a way to recognize
relationships of mutual commitment, support, and caring , where the parties to the
relationship participate to support the financial and physical welfare of each other and
intend to continue in this manner; and,
WHEREAS, to better facilitate the provision of such health care benefits and
where employees, either of the City or a business licensed within the City, may desire to
make a Declaration of Mutual Commitment to designate one another as the recipients of
such health care benefits, a registry officially identifying such a Mutual Commitment
would be effective; and,
WHEREAS, the establishment of a Mutual Commitment Registry may facilitate
both the City's interest in providing fair and reasonable health care and other benefits;
and,
WHEREAS, the establishment of a Mutual Commitment Registry may facilitate
the extension of fair and reasonable health care and other benefits by private employer's
to their employees' named beneficiaries; and,
WHEREAS,the establishment of a Mutual Commitment Registry may facilitate
visitation of a patient in health care facilities by those registered in appropriate
circumstances;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. That Chapter 2.92, Salt Lake City Code, pertaining to a Domestic
Partnership Registry,be and the same hereby is, amended and renumbered as follows:
CHAPTER 10.03
MUTUAL COMMITMENT REGISTRY
Sections:
10.03.010 Purpose
10.03.020 Requirements for Mutual Commitment Registry
10.03.030 Declaration of Mutual Commitment
10.03.040 Termination of Mutual Commitment
10.03.050 Registration and Fees
10.03.060 Rights
10.03.070 Severability
10.03.010 Purpose
The City is committed to promoting justice, equity, and inclusiveness in the
provision of health care and many other benefits to all of its citizens that might be offered
by the City or by private employers licensed by the City. The City finds that it is made
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up of a diversity of households and that in those households relationships exist in many
different forms. Those forms include committed, unmarried couples in either same or
opposite sex relationships; parent and child relationships; other familial relationships; and
committed friendships. The City wishes to promote the public health, safety, welfare,
and prosperity of its citizens and generally improve overall quality of life by allowing for
the efficient and streamlined disposition of health care benefits or other benefits that the
City or businesses licensed within the City might offer to their employees—including an
employee's designee listed on the Mutual Commitment Registry. The City finds that a
City-maintained list is the best way for the City and for businesses licensed within the
City to reliably ascertain whether an employee's designee listed on the Mutual
Commitment Registry and beneficiaries are eligible for such benefits. Therefore, it is the
policy of the City to allow any two adults in a committed relationship who meet the
Mutual Commitment Registry criteria to register with the City and to obtain a certificate
attesting to their status.
10.03.020 Requirements for Mutual Commitment Registry
To be eligible to register a relationship of Mutual Commitment with Salt Lake
City, the two individuals (the "declarants")must meet the following criteria:
A. Freely declare that they are solely and mutually committed to each other ;
B. Be persons eighteen years of age or older and be unmarried according to the
laws of the State of Utah;
C. Be competent to contract;
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D. Be directly dependent upon, or interdependent with, each other, sharing a
common financial obligation. Acceptable documentation shall include any three (3) of
the following five (5) documents:
1. A joint loan obligation, mortgage, lease, or joint ownership of a
vehicle;
2. A life insurance policy, retirement benefits account, or will or trust of
one declarant designating the other declarant as beneficiary thereto, or will
or trust of one declarant which designates the other declarant as executor
or successor trustee;
3. A mutually granted power of attorney for purposes of healthcare or
financial management;
4. Proof showing that one declarant is authorized to sign for purposes of
the other declarant's bank or credit account;
5. Proof of a joint bank or credit account;
E. Currently share a primary residence in Salt Lake City. For these purposes
primary residence means the place where both declarants reside. The legal right to
occupy the residence need not be joint; and,
F. Execute a Declaration of Mutual Commitment, attesting to the foregoing
requirements and attesting that the parties are in a relationship of mutual commitment,
support, and caring; are responsible for each other's physical and financial welfare; and
have the present intention to remain in that relationship.
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10.03.030 Declaration of Mutual Commitment
A. Mutual Commitment declarants shall make an official record of their
relationship by executing a"Declaration of Mutual Commitment" on the form prescribed
by the City.
B. The Declaration must include a statement that the persons are in a relationship
of mutual commitment, support, and caring, and are responsible for each other's welfare.
For these purposes, "mutual support"means that they contribute mutually to each other's
maintenance and support.
C. The Declaration must include a statement that both persons agree to file a
termination of the relationship if there is a change in the status of their relationship such
that they cease to meet the criteria for the Mutual Commitment Registry.
D. The sworn Declaration shall include the date on which the Mutual
Commitment was registered, the mailing address(es) of both declarants, and the notarized
signatures of both declarants. The Declaration shall further state that the declarants meet
all the criteria for the Mutual Commitment Registry set forth in section 10.03.020.
E. The City shall have no duty to verify the information provided by the
individuals filing the Declaration of Mutual Commitment.
10.03.040 Termination of Mutual Commitment
A Mutual Commitment ends when:
A. Either of the declarants dies; or
B. One or both declarants execute a notice of termination, stating that one or
more of the criteria listed in section 10.03.020 no longer applies. If only one of the
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declarants executes the notice of termination, then that declarant shall attest to the fact
that he or she has sent a copy of the notice of termination to the other declarant at the
other declarant's last known address. This notice requirement does not apply if the
termination of the Mutual Commitment is due to the death of one of the declarants.
C. A person cannot register a Mutual Commitment until at least six months after
any other Mutual Commitment of which he or she was a declarant ended and a notice that
the Mutual Commitment ended was given. This does not apply if the earlier Mutual
Commitment ended because one of the members died.
10.03.050 Registration and Fees
A. The City Recorder's Office will keep a record of all Declarations of Mutual
Commitment and of all notices terminating a Mutual Commitment.
B. The fee for filing a Declaration of Mutual Commitment shall be $25.00 (or
such lesser, cost-based amount as may be determined by the City Recorder), which
entitles the persons filing the Declaraton of Mutual Commitment to two (2) certified
copies of the official statement.
C. No fee will be charged for filing a notice terminating a Mutual Commitment.
D. An amendment to a Declaration may be filed by a declarant with the City
Recorder's Office at any time to show a change in his or her mailing address. The record
will be maintained so that amendments and notices terminating a Mutual Commitment
are filed with the Declaration of Mutual Commitment to which they apply.
10.03.060 Rights
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•
A. Use of and Access to City Facilities. All facilities owned and operated by the
City, including but not limited to recreational facilities shall allow those listed on the
Mutual Commitment Registry, and his or her children, to be included in any rights and
privileges accorded a spouse and children for purposes of use and access to city facilities.
B. Health Care Visitation. When a declarant is a patient in any health care
facility operating within the City, such health care facility shall allow the other declarant
listed on the Mutual Commitment Registry to visit such patient unless no visitors are
allowed or the patient expresses a desire that visitation by the declarant be restricted. As
used in this section, "health care facility"means every place, institution, building or
agency, whether organized for profit or not, which provides facilities with medical
services, nursing services, health screening services, other health-related services, and
supervisory care services.
C. Other Benefits. The City may, from time to time, be asked by the City
Council or Administration or by private employers licensed to do business within the
City to have the Registry act as verification of the Mutual Commitment status for other
benefits which meet the goals of this ordinance to promote the public health, safety and
welfare and prosperity of its citizens.
10.03.070 Severability
If any section, subsection, clause or provision of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 2. This ordinance shall take effect immediately upon the date of its
first publication.
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Passed by the City Council of Salt Lake City, Utah this 8th day of
April , 2008.
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• CHAIRPERSON
ATTEST:
If
(kat/
CHIEF DEPUTY TY ORDER 'h P Ri)"..--k(c•
Transmitted to Mayor on 4-8-08 •
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
HIE DEPU CI Y ORDER
j:;4 CITY,UT►�
►r„�PORA
Bill No. 16 of 2008. APPROVED AS TO FORM
Salt Lake City Atbmey's Office
Published: 4-14-08 & 4-18-08 Date '1:;111 25 2"1''6'
BY
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