COMMITTEE ON LEGISLATION

MINUTES: - JUNE 24, 2002

 

LEGISLATION COMMITTEE

MEMBERS:          Stewart-Cousins, Chair, Bronz, Ryan, Oros, Rogowsky, Abinanti, Maisano

 

BOL:                     Steve Bass, Ann Giordano, Kaplowitz, Bernard

 

GUESTS:             Liz Salvi (Law), William Randolph, Rosemary McLaughlin (LWV), Stacey Dolgin-Kmetz (Law), Mary Lynn Nicolas (Law), Eugene Rogers (Co. Clerk’s Office)

 

Chairwoman, Andrea Stewart-Cousins called the meeting to order at 1:57 pm., asking Stacey Dolgin-Kmetz from the County Attorney’s office to recap the changes in the newly revised legislation regarding Domestic Partner Registry.  The discussion led the committee to revisit the requirements to be met, to be considered a Domestic Partner.  The committee also compared the requirements and definitions of other municipalities where legislation had either been passed or is pending.  Ms Dolgin-Kmetz and Ms. Nicolas explored the nuances of possible definitions including the difference between sharing a common household and living together.  After weighing the variables, Ms. Dolgin-Kmetz stated the term “living together” is most commonly used in other domestic partner laws.  After continued discussion the committee agreed to use the term most used by other municipalities.

 

Ms Nicolas went over the remaining amendments previously requested by the committee.

 

Mr. Eugene Rogers from the County Clerk’s office talked about the legislation’s waiting periods and sought clarification of the breakdown of the 90-day period.  The County Attorney agreed to clarify the filing times and waiting periods.  We also agreed that charges for filing, amending etc. would be consistent with existing rates charged, which, according to local legislation, is up to $35.00.  It was agreed that the County Clerk would set the rate.

 

In accordance with the requests of some legislators to include visitation rights at correctional facilities, hospitals, nursing homes, etc.  the County Attorney’s office made appropriate changes.  In addition we discussed The Public Health Law and jurisdictional issues and asked for legislation that would clarify that religious institutions would be exempted.

 

Finally, it was decided that domestic partners would receive a certificate, not an affidavit upon filing.  The County Attorney’s office was asked to amend the language to reflect the addition of a certification.

 

The Committee members read the minutes of April 22.  On motions of Ryan and Abinanti, the minutes were moved. 

 

Chairwoman Stewart-Cousins accepted motions made by Maisano and Abinanti to adjourn the meeting at 4:56 pm.