Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager
FROM:	Toni Ramirez Wheeler, Director of Legal Services
CC:	Debbie Van Saun, Assistant City Manager and Frank S. Reeb, Director of Administrative Services and City Clerk
Date:	June 6, 2007
RE:	Ordinance Establishing a Domestic Partnership Registry Revised to Include a Residency Requirement

At the May 22, 2007 City Commission meeting, the Commission received a draft ordinance establishing a domestic partnership registry.  The draft ordinance received by the Commission at that meeting was the one reviewed by Kansas Attorney General Paul Morrison in Attorney General Opinion No. 2007-9.  Following public comment, the Commission directed staff to place an ordinance on first reading establishing a domestic partnership registry in substantially the form of the draft ordinance received by the Commission on May 22, 2007, that includes a residency requirement, as recommended in Attorney General Opinion No. 2007-9. 

Attached please find Ordinance No. 8120.  The changes from the earlier draft ordinance are indicated by underscoring the language added.  A brief summary follows:

· Section 10-201 revises the definition of a domestic partner to include the residency requirement.

· Section 10-202 adds a definition of “resident” that is modeled after a definition that appears in state statutes.

· Section 10-203 adds the residency requirement to the criteria for establishing a domestic partnership.

· Section 10-206 is a new section that provides for the removal of a partnership from the registry if there is evidence that one or both of the partners no longer meets the definition of a domestic partner under the Article.  If, for instance, one or both of the partners in a registered partnership is no longer a resident of Lawrence, the partnership will be removed from the registry after notice and an opportunity to be heard is provided. 

· Section 10-210 is a new provision making it unlawful to register or attempt to register a partnership without the individuals’ consent.  This is an attempt to discourage false registrations.  The convenience of on-line registration may tempt persons to falsely register people.  The high fine and possible jail time should deter this conduct.

· Effective Date.  The ordinance includes an August 1, 2007 effective date.

Staff will ask the Attorney General’s office if it can provide an opinion whether the City could extend the registry to employees who reside outside of the city limits of Lawrence who are employed by businesses located in the City.  A report will be forwarded to the Commission when information from the Attorney General’s office is received.  

Staff recommends adoption of Ordinance No. 8120 on first reading, if appropriate.