A03592 Summary:

BILL NOA03592
 
SAME ASSAME AS S00629
 
SPONSORGlick (MS)
 
COSPNSRJaffee, Perry, Gottfried, Spano, Rosenthal, Bronson
 
MLTSPNSRClark, Colton, Jacobs, Millman, O'Donnell, Pheffer, Sweeney, Weinstein, Wright
 
Amd SS624 & 626, Exec L
 
Expands eligibility for those who receive awards under crime victims' compensation to include a domestic partner; defines domestic partner; further provides for out-of-pocket loss to include the cost of counseling for surviving family members of homicide victims.
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A03592 Actions:

BILL NOA03592
 
01/26/2011referred to governmental operations
03/15/2011reported referred to codes
03/22/2011reported referred to ways and means
04/11/2011reported referred to rules
04/11/2011reported
04/11/2011rules report cal.22
04/11/2011ordered to third reading rules cal.22
04/12/2011passed assembly
04/12/2011delivered to senate
04/12/2011REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/04/2012DIED IN SENATE
01/04/2012RETURNED TO ASSEMBLY
01/04/2012ordered to third reading cal.139
01/19/2012committed to governmental operations
03/06/2012reported referred to codes
03/12/2012reported referred to ways and means
04/18/2012reported
04/19/2012advanced to third reading cal.453
04/26/2012passed assembly
04/26/2012delivered to senate
04/26/2012REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
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A03592 Floor Votes:

DATE:04/12/2011Assembly Vote  YEA/NAY: 132/10
Yes
Abbate
Yes
Clark
Yes
Goodell
Yes
Lentol
Yes
Murray
Yes
Saladino
Yes
Abinanti
Yes
Colton
Yes
Gottfried
Yes
Lifton
Yes
Nolan
Yes
Sayward
No
Amedore
Yes
Conte
Yes
Graf
Yes
Linares
Yes
Oaks
Yes
Scarborough
ER
Arroyo
Yes
Cook
Yes
Gunther
Yes
Lopez PD
Yes
O'Donnell
Yes
Schimel
Yes
Aubry
No
Corwin
No
Hanna
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimminger
Yes
Barclay
Yes
Crespo
No
Hawley
Yes
Losquadro
Yes
Palmesano
Yes
Schroeder
Yes
Barron
Yes
Crouch
Yes
Hayes
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magee
Yes
Peoples Stokes
Yes
Smardz
Yes
Bing
Yes
Cusick
Yes
Hevesi
Yes
Magnarelli
Yes
Perry
Yes
Spano
Yes
Blankenbush
Yes
Cymbrowitz
Yes
Hikind
Yes
Maisel
Yes
Pheffer
Yes
Stevenson
ER
Boyland
Yes
DenDekker
Yes
Hooper
Yes
Malliotakis
Yes
Pretlow
Yes
Sweeney
Yes
Boyle
Yes
Destito
Yes
Hoyt
Yes
Markey
Yes
Ra
Yes
Tedisco
Yes
Braunstein
Yes
Dinowitz
ER
Jacobs
Yes
McDonough
No
Rabbitt
Yes
Tenney
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McEneny
Yes
Raia
ER
Thiele
Yes
Bronson
Yes
Englebright
Yes
Jeffries
Yes
McKevitt
Yes
Ramos
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Johns
Yes
McLaughlin
Yes
Reilich
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Jordan
Yes
Meng
Yes
Reilly
Yes
Tobacco
ER
Butler
No
Fitzpatrick
No
Katz
No
Miller D
Yes
Rivera J
Yes
Weinstein
Yes
Cahill
No
Friend
Yes
Kavanagh
Yes
Miller JM
Yes
Rivera N
Yes
Weisenberg
No
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Rivera PM
Yes
Weprin
Yes
Camara
Yes
Galef
Yes
Kirwan
Yes
Millman
Yes
Roberts
Yes
Wright
Yes
Canestrari
Yes
Gantt
Yes
Kolb
ER
Molinaro
Yes
Robinson
Yes
Zebrowski
Yes
Castelli
Yes
Gibson
Yes
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Mr. Speaker
Yes
Castro
Yes
Giglio
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Ceretto
Yes
Glick
Yes
Lavine
Yes
Moya
Yes
Russell

‡ Indicates voting via videoconference
DATE:04/26/2012Assembly Vote  YEA/NAY: 129/10
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
Yes
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
ER
Scarborough
ER
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
ER
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
No
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
No
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
ER
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
No
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
ER
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
No
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Miller D
Yes
Rivera N
No
Walter
Yes
Cahill
No
Friend
Yes
Kearns
ER
Miller JM
Yes
Rivera PM
Yes
Weinstein
No
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Roberts
ER
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
ER
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
No
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A03592 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3592
 
SPONSOR: Glick (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to eligibility of domestic partners for compensation from the crime victims' board   PURPOSE OR GENERAL IDEA OF BILL: This bill would allow people main- taining significant and long-term, yet not legally formalized, relation- ships with homicide victims to be eligible for compensation from the Crime Victims Board for actual out of pocket losses and counseling expenses. Such people would include, for example, elderly siblings or relatives sharing living quarters in a mutually interdependent relation- ship, adult partners in long-term committed relationships not formalized by marriage and those who have parent-child relationships but have not entered into a formal adoption arrangement.   SUMMARY OF PROVISIONS: This bill would amend Executive Law section 621 to allow a family member of a homicide victim, who resided with the victim at the time of such crime and with whom the victim maintained a long-term relationship characterized by emotional and financial commit- ment and interdependence, to be eligible for compensation from the Crime Victims Board when the victim died as a direct result of such crime. The term "family" is currently defined in Executive Law. sec. 621(4). This bill also would amend Executive Law sec. 626 by adding a new subdi- vision 4 to provide that out of pocket loss shall include the cost of counseling for surviving family members of homicide victims who are otherwise eligible pursuant to section 624(1 )(b).   JUSTIFICATION: Currently, the Crime Victims Board has no authority to compensate family members of homicide victims unless such persons are relatives listed explicitly in Exec. 1. sec. 624 or unless they are principally dependent on the victim for financial support. In the absence of such financial dependence, a long-term adult living compan- ion, or a person in a parent-child relationship not formalized by an adoption order, may not recover under the current statute. A recent trend in New York has been to broaden the definition of "fami- ly" to include persons who maintain long-term substantial relationships but not formalized by marriage licenses or orders of adoption. In fact, in response to the World Trade Center attack on September 11, 2000, the Governor extended the definition of family to domestic partners of victims of the attack in order to make them eligible for compensation. SEE BRASCHI V. STAHL ASSOCIATES CO., 74 N.Y.2d 20r, (1989), in which the Court of Appeals stated that for purposes of protection from eviction under the New York City rent control law, the term "family" not be rigidly restricted to those people who have formalized their relation- ship by obtaining, for instance, a marriage certificate or an adoption order... but instead should find its foundation in the reality of family life. ID., at 211. Such persons are readily distinguishable from "mere room- mates". ID. at 212. New York City recently initiated a new policy on paid bereavement leave for City employees who live with a partner outside of marriage. The impact of a partner's death despite the lack of legal formalization of a relationship is recognized by this legislation. Although the Crime Victims Board statute already defines "family" very broadly. Exec. L. sec. 621 (4), definition is currently used only for narrow purposes and not to determine who should receive compensation for out of pocket loss and counseling expenses. Those persons within this broader definition of family are no less traumatized by the crime- caused death of a person with whom they maintain a committed relation- ship than are those who have legally formalized their relationship prior to the commission of the crime. By combining the existing statutory definition of "family" with a requirement that the claimant show that he or she had a long-term inter- dependent relationship with the victim, the statute would more clearly reflect societal changes and would more fairly compensate those whose lives are forever changed by the homicide of a loved one.   LEGISLATIVE HISTORY: 2000: S.3217 Referred to Crime Victims, Crime and Correction A.6204 Referred to Governmental Operations 2002: A.4980 Reported from Government Operations and Referred to Ways and Means 2003-04: A. 1033 Reported Referred to Ways and Means 2007-09: S.2416A Referred to Crime Victims, Crime and Correction A.4526 Advanced to third reading calendar 2009- Referred to Government operations, amended and recommitted to government operations, print number 4089A, referred to codes, referred to ways and means, advanced to third reading cal.381, passed Assembly, delivered to Senate, referred to finance, died in Senate, returned to Assembly, ordered third reading cal.309, passed Assembly, delivered to Senate, referred to finance.   FISCAL IMPLICATIONS: The Crime Victims Board has estimated that approximately $28,000 per year from existing appropriations would be required to cover awards to the additional eligible claimants under this bill.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.
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A03592 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3592
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2011
                                       ___________
 
        Introduced  by M. of A. GLICK, JAFFEE, PERRY, GOTTFRIED, SPANO -- Multi-
          Sponsored by -- M. of A. CLARK, COLTON,  JACOBS,  MILLMAN,  O'DONNELL,
          PHEFFER,  SWEENEY,  WEINSTEIN, WRIGHT -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to eligibility of  domes-

          tic partners for compensation from the crime victims' board
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 1 of section 624 of the execu-
     2  tive law, as amended by chapter 427 of the laws of 1999, is  amended  to
     3  read as follows:
     4    (b) a surviving spouse or domestic partner, grandparent, parent, step-
     5  parent,  child  or stepchild of a victim of a crime who died as a direct
     6  result of such crime;
     7    § 2. Section 624 of the executive law  is  amended  by  adding  a  new
     8  subdivision 1-a to read as follows:
     9    1-a.  For  the  purposes  of  this section, "domestic partner" means a
    10  person who, with respect to another person:
    11    (a) is formally a party in a domestic partnership or similar relation-

    12  ship with the other person, entered into pursuant to  the  laws  of  the
    13  United  States or of any state, local or foreign jurisdiction, or regis-
    14  tered as the domestic partner of the  other  person  with  any  registry
    15  maintained  by  the employer of either party or any state, municipality,
    16  or foreign jurisdiction; or
    17    (b) is formally recognized as a beneficiary or  covered  person  under
    18  the other person's employment benefits or health insurance; or
    19    (c)  is  dependent  or mutually interdependent on the other person for
    20  support, as evidenced by the totality of the circumstances indicating  a
    21  mutual  intent  to  be  a domestic partner including but not limited to:
    22  common ownership or joint leasing of real or personal  property;  common

    23  householding,  shared  income  or  shared  expenses; children in common;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01279-01-1

        A. 3592                             2
 
     1  signs of intent to marry or become a domestic  partner  under  paragraph
     2  (a)  or (b) of this subdivision; or the length of the personal relation-
     3  ship of the persons.
     4    §  3.  Section  626  of  the  executive law is amended by adding a new
     5  subdivision 4 to read as follows:
     6    4. Out-of-pocket loss shall also include the cost  of  counseling  for
     7  surviving  family members of homicide victims who are otherwise eligible

     8  pursuant to paragraph (b) of subdivision  one  of  section  six  hundred
     9  twenty-four of this article.
    10    § 4. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
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