New York State Assembly

 
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A07905 Summary:

A07905 Actions:

A07905 Committee Votes:

Committee:JUDICIARY   Chair:Weinstein      
DATE:06/19/2017AYE/NAY:19/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Palumbo
Aye
Dinowitz
Aye
Montesano
Aye
Titus
Excused
Barclay
Aye
Lavine
Aye
Goodell
Aye
Zebrowski
Aye
Graf
Aye
Weprin
Aye
Lupinacci
Aye
Braunstein
Aye
Simotas
Excused
Quart
Aye
Titone
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Simon
Aye
Joyner
Aye

Committee:RULES   Chair:Heastie      
DATE:06/20/2017AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Excused
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Excused
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye

A07905 Floor Votes:

A07905 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7905--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 18, 2017
                                       ___________
 
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on  Judiciary -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the general obligations law, in relation to a parent  or
          guardian naming a caregiver as a person in parental relation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 5-1551 of the general obligations law, as added  by
     2  chapter 119 of the laws of 2005, is amended to read as follows:
     3    §  5-1551. Power of parent to designate a person in parental relation.
     4  A parent of a minor or incapacitated person may designate another person
     5  as a person in parental relation to such minor or  incapacitated  person
     6  pursuant  to  sections  twenty-one  hundred  sixty-four  and twenty-five
     7  hundred four of the public health law and sections  two  and  thirty-two
     8  hundred  twelve  of  the  education law for a period not exceeding [six]
     9  twelve months provided that there is no prior order of any court in  any
    10  jurisdiction  currently  in  effect that would prohibit such parent from
    11  himself or  herself  exercising  the  same  or  similar  authority,  and
    12  provided  further, that, in the case where a court has ordered that both
    13  parents must agree on education or health decisions regarding the child,
    14  a designation pursuant to this subdivision shall  not  be  valid  unless
    15  both  parents  have  consented thereto. Such designation shall be in the
    16  form prescribed by section 5-1552 of this title, and may be presented to
    17  any school, health care provider  or  health  plan  that  requires  such
    18  designation by either the parent or the designee.
    19    §  2.  Subdivision 1 of section 5-1552 of the general obligations law,
    20  as added by chapter 119 of the laws of  2005,  is  amended  to  read  as
    21  follows:
    22    1.  Designations  in  general.  A  designation of a person in parental
    23  relation pursuant to this title shall be in writing and  shall  include:
    24  the name of the parent, the name of the designee, the name of each minor
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11673-02-7
        A. 7905--A                          2
 
     1  or  incapacitated  person with respect to whom such designation is made,
     2  the parent's signature, and the date of such signature. The  designation
     3  may  specify  a  period  of time less than [six] twelve months for which
     4  such  designation  shall  be valid unless earlier revoked by such parent
     5  pursuant to section 5-1554 of this title, provided that any  designation
     6  specifying  a  period of more than thirty days shall also conform to the
     7  provisions of subdivision two of this section.
     8    § 3. Subdivision 3 of section 5-1552 of the general  obligations  law,
     9  as  added  by  chapter  119  of  the laws of 2005, is amended to read as
    10  follows:
    11    3. Designations not specifying a time period. If  no  time  period  is
    12  specified in a designation, it shall be valid until the earlier of revo-
    13  cation  or  the  expiration of thirty days from the date of signature if
    14  the designation does not meet the requirements  of  subdivision  two  of
    15  this section, or [six] twelve months from the date of commencement spec-
    16  ified  therein  if the designation meets the requirements of subdivision
    17  two of this section.
    18    § 4. This act shall take effect immediately.