S00300 Summary:

BILL NOS00300
 
SAME ASSAME AS A05604
 
SPONSORHOYLMAN
 
COSPNSR
 
MLTSPNSR
 
Amd 4-1.1 & 6-2.2, EPT L; amd 1001, 1310, 1704 & 1752, SCPA
 
Makes certain technical amendments to the estates, powers and trusts law and the surrogate's court procedure act to reflect the provisions of the marriage equality act.
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S00300 Actions:

BILL NOS00300
 
01/09/2019REFERRED TO JUDICIARY
01/28/20191ST REPORT CAL.58
01/29/20192ND REPORT CAL.
02/04/2019ADVANCED TO THIRD READING
02/05/2019PASSED SENATE
02/05/2019DELIVERED TO ASSEMBLY
02/05/2019referred to judiciary
03/07/2019substituted for a5604
03/07/2019ordered to third reading cal.88
03/20/2019passed assembly
03/20/2019returned to senate
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S00300 Committee Votes:

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S00300 Floor Votes:

DATE:03/20/2019Assembly Vote  YEA/NAY: 121/23
AbbateYCrespoYGanttERLiPetriYPerryYSimonER
AbinantiYCrouchNOGarbarinoYLupardoYPheffer AmatoYSimotasY
ArroyoERCruzYGiglioNOMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenY
AubryYCymbrowitzYGoodellNOManktelowNOQuartYSolagesY
BarclayYDavilaYGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughNORaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronNODeStefanoNOHawleyNOMikulinNORaynorYStirpeY
BenedettoYDickensYHevesiYMill B YReillyYTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLYRichardsonYThieleY
BlankenbushNODiPietroNOJacobsonYMontesanoNORiveraYTitusY
BrabenecNOD'UrsoYJaffeeYMorinelloYRodriguezYVanelY
BraunsteinYEichensteinNOJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerYNorrisYRozicYWalshY
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinY
ByrneYFernandezYKolbNOOrtizYSalkaNOWeprinY
ByrnesNOFinchYLalorNOOtisERSantabarbaraYWilliamsY
CahillYFitzpatrickNOLavineERPalmesanoNOSayeghYWoernerY
CarrollYFriendNOLawrenceYPalumboYSchimmingerNOWrightY
ColtonYFrontusERLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

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S00300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           300
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the estates, powers and trusts law and  the  surrogate's
          court  procedure  act,  in  relation  to  making technical corrections
          related to marriage equality
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subparagraphs 6 and 7 of paragraph (a) of section 4-1.1 of
     2  the estates, powers and trusts law, as amended by  chapter  595  of  the
     3  laws of 1992, are amended to read as follows:
     4    (6)  One or more grandparents or the issue of grandparents (as herein-
     5  after defined), and no spouse, issue, parent or issue of  parents,  one-
     6  half  to  the  surviving  [paternal]  grandparent or grandparents of one
     7  parental side, or if neither of them survives  the  decedent,  to  their
     8  issue,  by  representation,  and  the  other  one-half  to the surviving
     9  [maternal] grandparent or grandparents of the other parental side, or if
    10  neither of them survives the decedent,  to  their  issue,  by  represen-
    11  tation;  provided that if the decedent was not survived by a grandparent
    12  or grandparents on one side or by the issue of  such  grandparents,  the
    13  whole to the surviving grandparent or grandparents on the other side, or
    14  if  neither  of them survives the decedent, to their issue, by represen-
    15  tation, in the same manner as the one-half. For  the  purposes  of  this
    16  subparagraph,  issue of grandparents shall not include issue more remote
    17  than grandchildren of such grandparents.
    18    (7) Great-grandchildren of grandparents, and no spouse, issue, parent,
    19  issue of parents, grandparent, children of grandparents or grandchildren
    20  of grandparents, one-half to the great-grandchildren of  the  [paternal]
    21  grandparents of one parental side, per capita, and the other one-half to
    22  the  great-grandchildren  of  the  [maternal]  grandparents of the other
    23  parental side, per  capita;  provided  that  if  the  decedent  was  not
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05869-01-9

        S. 300                              2
 
     1  survived  by  great-grandchildren of grandparents on one side, the whole
     2  to the great-grandchildren of grandparents on the  other  side,  in  the
     3  same manner as the one-half.
     4    §  2. Paragraph (d) of section 6-2.2 of the estates, powers and trusts
     5  law, as amended by chapter 480 of the laws of 1995, is amended  to  read
     6  as follows:
     7    (d) A disposition of real property, or a disposition on or after Janu-
     8  ary first, nineteen hundred ninety-six of the shares of stock of a coop-
     9  erative apartment corporation allocated to an apartment or unit together
    10  with  the  appurtenant proprietary lease, to persons who are not legally
    11  married to one another but who  are  described  in  the  disposition  as
    12  husband  and  wife,  spouses, husbands, or wives creates in them a joint
    13  tenancy, unless expressly declared to be a tenancy in common.
    14    § 3. Paragraph (d) of subdivision 1 of section 1001 of the surrogate's
    15  court procedure act, as amended by chapter 595 of the laws of  1992,  is
    16  amended to read as follows:
    17    (d) [the father or mother] either parent,
    18    § 4. Paragraph (c) of subdivision 3 of section 1310 of the surrogate's
    19  court  procedure  act, as amended by chapter 514 of the laws of 1993, is
    20  amended to read as follows:
    21    (c) [the father or mother] either parent,
    22    § 5. Subdivision 2 of section 1704 of the surrogate's court  procedure
    23  act,  as  amended by chapter 404 of the laws of 2008, is amended to read
    24  as follows:
    25    2. The names of the [father and the mother] parents whose  consent  to
    26  the adoption of a child would have been required pursuant to section one
    27  hundred  eleven  of  the  domestic  relations law or who was entitled to
    28  notice of  an  adoption  proceeding  pursuant  to  section  one  hundred
    29  eleven-a  of  the  domestic  relations  law, and whether or not they are
    30  living or have had their parental rights terminated pursuant to  section
    31  three  hundred  eighty-three-c,  section  three  hundred  eighty-four or
    32  section three hundred  eighty-four-b  of  the  social  services  law  or
    33  section  six  hundred thirty-one of the family court act, and if living,
    34  their domiciles, the name and address of the person with whom the infant
    35  resides and the names and addresses of the nearest distributees of  full
    36  age who are domiciliaries, if both [father and mother] parents are dead.
    37    §  6. Subdivision 3 of section 1752 of the surrogate's court procedure
    38  act, as amended by chapter 198 of the laws of 2016, is amended  to  read
    39  as follows:
    40    3.  the  names  of  the  [father, the mother] parents, children, adult
    41  siblings if eighteen years of age or older, the spouse and primary  care
    42  physician  if  other  than  a physician having submitted a certification
    43  with the petition, if any, of the person who is intellectually  disabled
    44  or  a person who is developmentally disabled and whether or not they are
    45  living, and if living, their addresses and the names  and  addresses  of
    46  the  nearest  distributees  of  full  age who are domiciliaries, if both
    47  parents are dead;
    48    § 7. This act shall take effect immediately.
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