Thursday, May 10, 2007

Iowa City Domestic Partner Registry

Iowa City does not post its full domestic partnership code and procedure online as many cities do. I received an email copy of the city code from City Clerk Marion Karr. Here are the relevant sections that show how the registry is administered.

A domestic partnership shall exist between two (2) adults if all of the following are true:
(A) The persons are not related by blood closer than permitted under the marriage laws of the State.
(B) Neither person is married.
(C) The persons are competent to enter into a contract.
(D) The persons declare that they are each other's sole domestic partner.
(E) 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 they contribute mutually to each other's maintenance and support.
(F) The persons file a statement of domestic partnership as set forth in this Chapter.
(G) The persons agree to notify the City of the termination of their domestic partnership, or a change in their employment or residence which would render them ineligible to register as domestic partners under this Chapter. (Ord. 94-3647, 11-8-94)

(A) The City Clerk shall accept an application to register as domestic partners from persons who state in such application that they meet the definition of "domestic partners" in this Chapter. The City Clerk shall provide forms as necessary to interested individuals.
(B) The City Clerk shall only accept applications for registration of domestic partnership from those persons:
(1) In a partnership where at least one person resides in Iowa City; or
(2) In a partnership in which at least one person is employed in Iowa City.
(C) The City Clerk shall charge an application fee as set by resolution of the City Council for the registration of a domestic partnership. The payment of this fee entitles the person filing a statement on behalf of the domestic partnership to two (2) copies of the statement certified by the City Clerk. Additional certified copies may be purchased by the person. These copies of the certified statement shall not be issued prior to the third working day after the date of application.

(D) The application and certified statement may be used as evidence of the existence of a domestic partners relationship. (Ord. 94-3647, 11-8-94)

(A) Either person in a domestic partnership may initiate termination of the domestic partnership by written notification to the City Clerk. The person filing the termination statement must declare that:
(1) The domestic partnership is terminated; and
(2) A copy of the termination statement has been mailed to the other domestic partner by certified mail, return receipt requested.
(B) A domestic partnership terminates when the earlier of the following occurs:
(1) One of the persons in the domestic partnership dies; or
(2) Ninety (90) days elapse after both partners file a notice of termination of domestic partnership; or
(3) Ninety (90) days elapse after one partner files a notice of termination of domestic partnership and provides the City Clerk proof that the notice of termination of partnership has been mailed to the other partner at the last known address, or that the partner cannot be located or refuses to accept the mailed notice. A properly mailed notice which is returned as refused or undeliverable shall be adequate proof.
(C) If any of the criteria under Section 2-6-2 cease to exist, the parties shall be ineligible for any benefits based upon the domestic partnership unless otherwise provided by law or the employer.

(D) When an employer permits or provides benefits to the domestic partner of an employee, the domestic partner may be eligible to continue to receive benefits for a period of sixty (60) days after the death of the employee. The employer shall give the domestic partner written notice by U.S. mail, postage prepaid, at the address provided by the employee stating whether such benefits are available to the partner. Said notice shall state the date on which group benefit coverage, if any, terminates, and shall state the right, if any, of the domestic partner to transfer benefit coverage to a nongroup plan without lapse of coverage and without providing evidence of good health.

(E) No person who has registered as a domestic partner pursuant to Section 2-6-3 of this Chapter shall be eligible to file a new application for registration as a domestic partner until ninety (90) days have elapsed after the domestic partnership has terminated. (Ord. 94-3647, 11-8-94)

2-6-5: RECORDS:
The City Clerk shall maintain records of domestic partnership statements, showing the name and address of applicants for domestic partnership, and the date of application, certification and termination of domestic partnerships. (Ord. 94-3647, 11-8-94)
ILLUSTRATION: Map of Iowa City circa 1868.

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