004 of 2008 - Enacting 2.92 relating to the creation of a domestic partnership registry 0 08-1
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REPLACED BY ORDINANCE 16 OF 2008
SALT LAKE CITY ORDINANCE
NO. 4 of 2008
(Creating Domestic Partnership Registry)
AN ORDINANCE ENACTING CHAPTER 2.92,SALT LAKE CITY CODE,
RELATING TO THE CREATION OF A 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 domestic partnership registry will create a way to recognize
relationships of mutual support, caring and commitment, 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 an employee, either of the City or a business licensed within the City, may desire
to designate a domestic partner as the recipient of such health care benefits, a registry
officially identifying such a domestic partner would be effective; and,
WHEREAS, the establishment of a registry for identification of domestic partners
may facilitate both the City's interest in providing fair and reasonable health care and
other benefits; and,
WHEREAS, the establishment of a registry for identification of domestic partners
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 registry for identification of domestic partners
may facilitate visitation of a patient in health care facilities by the domestic partner 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, enacted as follows:
CHAPTER 2.92
DOMESTIC PARTNERSHIP REGISTRY
Sections:
2.92.010 Purpose
2.92.020 Requirements for Domestic Partner Registry
2.92.030 Declaration of Domestic Partnership
2.92.040 Termination of Domestic Partnership
2.92.050 Registration and Fees
2.92.060 Rights of Registered Domestic Partners
2.92.070 Severability
2.92.010 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
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
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opposite sex relationships; parent and child relationships; other familial relationships; and
committed friendships. The City wishes to promote the public health, safety, and
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 domestic partner. 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 domestic partner 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 domestic partnership criteria to register with the
City and to obtain a certificate attesting to their status.
2.92.020 Requirements for Domestic Partnership Registry
To be considered"Domestic Partners" for the purposes of registering the
partnership with Salt Lake City,the two individuals must meet the following criteria:
A. Freely declare that they are each other's sole domestic partner;
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;
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:
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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
designating the domestic partner as beneficiary thereto, or will or trust
which designates the partner as executor or successor trustee;
3. A mutually granted power of attorney for purposes of healthcare or
financial management;
4. Proof showing that the partner is authorized to sign for purposes of the
other'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 domestic partners reside. The legal right
to occupy the residence need not be joint; and,
F. Execute a certificate of domestic partnership, attesting to the foregoing
requirements and attesting that the parties are in a relationship of mutual support, caring,
and commitment; are responsible for each other's physical and financial welfare; and
have the present intention to remain in that relationship.
2.92.030 Declaration of Domestic Partnership
A. Domestic partners shall make an official record of their partnership by
executing a"Declaration of Domestic Partnership" on the form prescribed by the City.
B. The Declaration must include a statement that the persons are in a relationship
of mutual caring, commitment, and support, and are responsible for each other's welfare.
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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 partnership if there is a change in the status of their relationship such
that they cease to meet the criteria for domestic partnership.
D. The sworn Declaration shall include the date on which the domestic
partnership was registered, the mailing address(es) of both partners, and the notarized
signatures of both partners. The Declaration shall further state that the domestic partners
meet all the criteria for domestic partners set forth in section 2.92.020.
E. The City shall have no duty to verify the information provided by the
individuals filing the Declaration of Domestic Partnership.
2.92.040 Termination of Domestic Partnership
A domestic partnership ends when:
A. Either of the domestic partners dies; or
B. One or both partners execute a certificate of termination, stating that one or
more of the criteria listed in section 2.92.020 no longer applies. If only one of the
partners executes the certificate of termination,then that partner shall attest to the fact
that he or she has sent a copy of the certificate of termination to the other partner at the
other partner's last known address. This notice requirement does not apply if the
termination of the domestic partnership is due to the death of one of the partners.
C. A person cannot become a member of a domestic partnership until at least six
months after any other domestic partnership of which he or she was a member ended and
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a notice that the partnership ended was given. This does not apply if the earlier domestic
partnership ended because one of the members died.
2.92.050 Registration and Fees
A. The City Recorder's Office will keep a record of all Declarations of Domestic
Partnership and of all certificates terminating a domestic partnership.
B. The fee for filing a domestic Declaration of Domestic Partnership shall be
$25.00 (or such lesser, cost-based amount as may be determined by the City Recorder)
which entitles the persons filing the statement on behalf of a domestic partnership to two
(2) certified copies of the official statement.
C. No fee will be charged for filing certificates terminating a domestic
partnership.
D. An amendment to a Declaration may be filed by a member of a domestic
partnership 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 certificates
terminating a domestic partnership are filed with the Declaration of Domestic Partnership
to which they apply.
2.92.060 Rights of Registered Domestic Partners
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 the registered domestic
partner of a user, 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.
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B. Health Care Visitation. All health care facilities operating within the City
shall allow the registered domestic partner of a patient to visit such patient unless no
visitors are allowed or the patient expresses a desire that visitation by the domestic
partner 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 domestic partner status for other
benefits which meet the goals of this ordinance to promote the public health, safety and
welfare and prosperity of its citizens.
2.92.070 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.
Passed by the City Council of Salt Lake City, Utah this 5th day of
February , 2008.
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CHAIRP RSON
ATTEST:
CH EF DE UTY ITY RE O ER
Transmitted to Mayor on February 5, 2008
Mayor's Action: u7 Approved. Vetoed.
-4, Z 444
MAYOR
ATTEST:
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C IEF DEPU CITY C RD ' ir4;
4y`.J
fa'7
(SEAL)
APPROVED AS TO FORM
Bill No. 4 of 2008. Salt Lake City Attofnes Office
Published: Date `4` 5= �►
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