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(A) Nothing in this Section shall be deemed to exempt or relieve any person from any liability, duty, penalty or punishment provided by any present or future law of the commonwealth or the United States, other than any such law which purports to require or permit the doing of any act which would be unlawful under this Section.
(B) Any remedies provided by this Section shall be cumulative with any other remedies provided by commonwealth or federal law.
(Ord. 1984 c. 16; CBC 1985 12-9.14)
If any provision or Subsection of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision or Section be considered separately and apart from the remaining provisions or Sections of this Section, which shall remain in full force and effect.
(Ord. 1984 c. 16; CBC 1985 12-9.15)
12-9A.1 Definitions.
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSUME RESPONSIBILITY FOR THE WELFARE OF. Assume an obligation to provide, if necessary, for a person’s basic living expenses and to assume joint responsibility for any other expenses of that person which arise out of a program or benefit for which that person qualified because of a statement filed pursuant to this Section, subject to the limitations contained in Subsection 12-9A.5.
BASIC LIVING EXPENSES. The cost of food, shelter, utilities and essential household goods. The individuals need not contribute equally to the cost of these expenses. Labor or services in kind shall be recognized as contributions to BASIC LIVING EXPENSES.
DEPENDENT. A person registered pursuant to Subsection 12-9A.2, who has not registered as a domestic partner and who receives significant financial or significant in-kind assistance toward his or her caretaking or costs of food, shelter, utilities and essential household goods from the domestic partnership.
DOMESTIC PARTNER. A person who meets the criteria set out in this Subsection and registers pursuant to Subsection 12-9A.2.
DOMESTIC PARTNERSHIP. Two persons who meet the following criteria and affirm that:
(1) They share basic living expenses;
(2) They assume responsibility for the welfare of their partner and any dependents registered pursuant to Subsection 12-9A.2;
(3) They are at least 18 years of age;
(4) They are competent to enter into a contract;
(5) They declare that they are each other’s sole domestic partner;
(6) They are not married to anyone nor related to each other by blood closer than would bar marriage in the commonwealth;
(7) They shall notify the City Clerk of any change in the status of their domestic partnership; and
(8) They register their domestic partnership as set forth in Subsection 12-9A.2; and their dependents as registered pursuant to Subsection 12-9A.2.
(CBC 1985 12-9A.1; Ord. 1993 c. 12 § 1)
12-9A.2 Registration.
(A) Statement of domestic partnership.
(1) Domestic partners may make an official record of their domestic partnership by completing, signing and submitting to the City Clerk a statement of domestic partnership. Persons submitting a statement of domestic partnership must declare under penalty of perjury that they meet the criteria set out in Subsection 12-9A.1.
(2) The domestic partnership statement shall include the names of the domestic partners, the date on which they became each other’s domestic partners and the names of any dependents of the domestic partnership.
(B) Registration of additional dependents. Domestic partners shall amend their registration statement whenever additional dependents become part of the domestic partnership. Only those dependents who are registered pursuant to this Section shall be considered dependents of a domestic partnership.
(C) Termination of domestic partnership. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the City Clerk. Termination of a domestic partnership shall become effective 90 days after the termination statement is filed with the City Clerk, except that a domestic partnership shall terminate immediately upon the death of one of the partners; and provided, however, that all rights and benefits extended to dependents of a domestic partnership shall survive termination of the domestic partnership if the domestic partner through whom the dependent obtains the right or benefit continues to have responsibility for the welfare of the dependent. In the event of the death of one of the domestic partners, the surviving partner shall notify the City Clerk by sending the City Clerk a copy of the death certificate. Any person filing a termination statement must declare under penalty of perjury that:
(1) The domestic partnership is terminated; and
(2) The other domestic partner has been notified either personally or by mailing a copy of the termination statement to the other domestic partner’s last and usual address by certified mail.
(D) New statements of domestic partnership. No person may file a statement of domestic partnership until any previous domestic partnership of which they were a member has been effectively terminated.
(CBC 1985 12-9A.2; Ord. 1993 c. 12 § 2)
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