S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3070--A

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    March 10, 2009
                                      ___________

       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Judiciary  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the estates, powers and trusts law, in relation to elim-
         inating the 21-year limit for the duration of pet trusts

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The section heading and subdivisions (a) and (b) of section
    2  7-8.1 of the estates, powers and trusts law, as added by chapter 159  of
    3  the  laws of 1996, such section as renumbered by chapter 630 of the laws
    4  of 2003, are amended to read as follows:
    5    [Honorary trusts] TRUSTS for pets
    6    (a) A trust for the care of a designated domestic  or  pet  animal  is
    7  valid. The intended use of the principal or income may be enforced by an
    8  individual  designated  for  that purpose in the trust instrument or, if
    9  none, by an individual appointed by a court upon application to it by an
   10  individual, or by a trustee. Such trust shall terminate  when  [no]  THE
   11  living  animal  [is  covered  by  the trust, or at the end of twenty-one
   12  years, whichever occurs earlier] BENEFICIARY OR  BENEFICIARIES  OF  SUCH
   13  TRUST ARE NO LONGER ALIVE.
   14    (b) Except as expressly provided otherwise in the trust instrument, no
   15  portion  of  the  principal or income may be converted to the use of the
   16  trustee or to any use other than for the  benefit  of  [a]  ALL  covered
   17  [animal] ANIMALS.
   18    S 2. This act shall take effect immediately.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01639-03-9