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A03387 Summary:

BILL NOA03387
 
SAME ASSAME AS S00262
 
SPONSORO'Donnell
 
COSPNSRSeawright, Pellegrino, De La Rosa
 
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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A03387 Actions:

BILL NOA03387
 
01/27/2017referred to judiciary
04/24/2017reported
04/27/2017advanced to third reading cal.197
05/02/2017passed assembly
05/02/2017delivered to senate
05/02/2017REFERRED TO JUDICIARY
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.267
03/19/2018passed assembly
03/19/2018delivered to senate
03/19/2018REFERRED TO JUDICIARY
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A03387 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3387
 
SPONSOR: O'Donnell
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The Marriage Equality Act enacted as Chapter 95 of 2011 provides that marriages of same-sex and different-sex couples are to be treated equal- ly in all respects under the law. This bill makes conforming changes to the Estates, Powers and Trusts Law and the Surrogate's Court Procedure Act to reflect the provisions of the Act.   SUMMARY OF SPECIFIC PROVISIONS: The bill makes the following changes to the EPTL and the SCPA: 1. EPTL Sections 4-1.1(a)(6) and 4-1.1(a)(7) are amended to remove the phrases "paternal" and "maternal" grandparent and instead adds the language "of one parental side" and "the other parental side". 2. EPTL Section 6-2.2(d) is amended by adding "spouses, husbands, or wives". 3. SCPA Sections 1001(1) and 1310(3) are amended by replacing "the father or mother" with "either parent". 4. SCPA Section 1704(2) and 1752(3) are amended by replacing "father and mother" with "parents".   JUSTIFICATION: It is necessary to revise the EPTL and the SCPA to coordinate with the Marriage Equality Act which became a law on June 24, 2011. The intent of the Legislation is clear - all provisions of law should be interpreted neutrally with respect to marriage. There are relationships that flow naturally from the marital relationship, such as lineal and lateral family relationships. This bill ensures that the legislature's intent in enacting the Marriage Equality Act to provide gender equality regarding the rights of all married couples is also logically continued in the relationships of parties to a same sex marriage and their children in dispositions of estates.   PRIOR LEGISLATIVE HISTORY: A.5476 2015-16, (referred to Senate Judiciary) A.7100 (2013-14, passed Assembly both years)   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A03387 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3387
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred 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
    24  survived  by  great-grandchildren of grandparents on one side, the whole
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04185-01-7

        A. 3387                             2
 
     1  to the great-grandchildren of grandparents on the  other  side,  in  the
     2  same manner as the one-half.
     3    §  2. Paragraph (d) of section 6-2.2 of the estates, powers and trusts
     4  law, as amended by chapter 480 of the laws of 1995, is amended  to  read
     5  as follows:
     6    (d) A disposition of real property, or a disposition on or after Janu-
     7  ary first, nineteen hundred ninety-six of the shares of stock of a coop-
     8  erative apartment corporation allocated to an apartment or unit together
     9  with  the  appurtenant proprietary lease, to persons who are not legally
    10  married to one another but who  are  described  in  the  disposition  as
    11  husband  and  wife,  spouses, husbands, or wives creates in them a joint
    12  tenancy, unless expressly declared to be a tenancy in common.
    13    § 3. Paragraph (d) of subdivision 1 of section 1001 of the surrogate's
    14  court procedure act, as amended by chapter 595 of the laws of  1992,  is
    15  amended to read as follows:
    16    (d) [the father or mother] either parent,
    17    § 4. Paragraph (c) of subdivision 3 of section 1310 of the surrogate's
    18  court  procedure  act, as amended by chapter 514 of the laws of 1993, is
    19  amended to read as follows:
    20    (c) [the father or mother] either parent,
    21    § 5. Subdivision 2 of section 1704 of the surrogate's court  procedure
    22  act,  as  amended by chapter 404 of the laws of 2008, is amended to read
    23  as follows:
    24    2. The names of the [father and the mother] parents whose  consent  to
    25  the adoption of a child would have been required pursuant to section one
    26  hundred  eleven  of  the  domestic  relations law or who was entitled to
    27  notice of  an  adoption  proceeding  pursuant  to  section  one  hundred
    28  eleven-a  of  the  domestic  relations  law, and whether or not they are
    29  living or have had their parental rights terminated pursuant to  section
    30  three  hundred  eighty-three-c,  section  three  hundred  eighty-four or
    31  section three hundred  eighty-four-b  of  the  social  services  law  or
    32  section  six  hundred thirty-one of the family court act, and if living,
    33  their domiciles, the name and address of the person with whom the infant
    34  resides and the names and addresses of the nearest distributees of  full
    35  age who are domiciliaries, if both [father and mother] parents are dead.
    36    §  6. Subdivision 3 of section 1752 of the surrogate's court procedure
    37  act, as amended by chapter 198 of the laws of 2016, is amended  to  read
    38  as follows:
    39    3.  the  names  of  the  [father, the mother] parents, children, adult
    40  siblings if eighteen years of age or older, the spouse and primary  care
    41  physician  if  other  than  a physician having submitted a certification
    42  with the petition, if any, of the person who is intellectually  disabled
    43  or  a person who is developmentally disabled and whether or not they are
    44  living, and if living, their addresses and the names  and  addresses  of
    45  the  nearest  distributees  of  full  age who are domiciliaries, if both
    46  parents are dead;
    47    § 7. This act shall take effect immediately.
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