A03694 Summary:

COSPNSRJaffee, Perry, Gottfried, Aubry, Abinanti, Otis, Weprin, Linares, Miller
MLTSPNSRColton, O'Donnell, Weinstein, Wright
Amd §§624 & 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.
Go to top    

A03694 Actions:

01/27/2015referred to governmental operations
03/10/2015reported referred to codes
03/11/2015reported referred to ways and means
04/22/2015reported referred to rules
04/22/2015rules report cal.25
04/22/2015ordered to third reading rules cal.25
04/23/2015passed assembly
04/23/2015delivered to senate
01/06/2016DIED IN SENATE
01/06/2016ordered to third reading cal.157
01/26/2016amended on third reading 3694a
04/12/2016passed assembly
04/12/2016delivered to senate
Go to top

A03694 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the executive law, in relation to eligibility of domes- tic partners for compensation from the crime victims' board   PURPOSE OR GENERAL IDEA OF BILL: This bill would allow domestic partners of homicide victims to be eligi- ble for compensation from the Crime Victims Board for actual out of pocket losses and counseling expenses.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraph b of subdivision 1 of section 624 of the Executive Law, as amended by chapter 427 of the laws of 1999 to allow a domestic partner of a homicide victim to be eligible for compensation from the Crime Victims Board when the victim died as a direct result of such crime. Section 2 adds a new subdivision 1-a to section 624 of the executive law that provides a definition of domestic partner. Section 3 Amends section 626 of the executive law to add a new subdivi- sion making domestic partners eligible for out-of-pocket loss and the cost of counseling. Section 4 States the effective date.   JUSTIFICATION: Discrimination is severely frowned upon in society today yet unmarried persons who reside together, who are responsible for each other's welfare and share the basic necessities of life are discriminated against in almost every area of public policy. Domestic partners are just as committed to each other as married couples yet they are denied many important benefits such as health insurance, hospital visitation rights and adoption rights. In the wake of the horrific events of September 11th, we saw severe discrimination in the distribution of benefits after the attacks. The initial response by the people responsible for the federal. September 11th Victims Compensation Fund left domestic partners off the list of eligible persons. Due to a number of complaints, Judge Feinberg has indeed backtracked, but the incident still highlights the frustrating situation for domestic partners in this country. Family life is central to society today and legal marriage is not an option for hundreds and thousands of New Yorkers who live together. This results in domestic partners, in committed relationships being treated as second class citizens. Many people - gay and lesbian, senior citizens and disabled people live in fear of losing benefits associated with marital survivor and other status. This legislation however helps to end this discrimination by providing legal recognition for the domes- tic relationships of these people. Lawsuits are seeking to end marital status discrimination in the provision of employment benefits. Discrimination in the workplace cannot be accepted and enactment of this bill will ensure that the wide range of casual discriminatory acts will be prohibited. Society is constantly changing and needs to reflect the numerous loving and caring roles that exist between two adults. It was estimated, in a recent California study, that about half of the gay and lesbian popu- lation have life-partners. We cannot continue to treat lesbian and gay couples as second class citizens solely because of their sexual orientation. In a world where pain and suffering is all around us we cannot deny that strong, long term, loving relationships ultimately strengthen our society. It is important that the law recognizes the reality of the lives already being lived by New Yorkers.   PRIOR LEGISLATIVE HISTORY: 2000 - S3214 Referred to Crime Victims, Crime and Corrections; A.6204 Referred to Governmental Operations. 2001-2002 - S.2741 Referred to Crime Victims, Crime and Corrections; A4980 Reported from Government Operations and referred to Ways and Means 2003-2004 - S.534 Referred to Crime Victims, Crime and Corrections; A1033 Reported from Government Operations and referred to Ways and Means 2005-2006 - A.3694-A Third reading rules Calendar 1061 2009-2010 A.4089-A: REPORTED AND COMMITTED TO RULES 2011-2012 A3592: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 2013-2014 A4024: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: 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.
Go to top

A03694 Text:

                STATE OF NEW YORK
                                                                Cal. No. 157
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2015
          OTIS,  WEPRIN,  LINARES,  MILLER  --  Multi-Sponsored  by  -- M. of A.
          COLTON, O'DONNELL, WEINSTEIN, WRIGHT -- read once and referred to  the
          Committee  on  Governmental Operations -- advanced to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading
        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 104 of the laws of 2015, is amended to
     3  read as follows:
     4    (b) a surviving spouse, domestic partner, grandparent,  parent,  step-
     5  parent, guardian, brother, sister, stepbrother, stepsister, child, step-
     6  child  or  grandchild of a victim of a crime who died as a direct result
     7  of such crime;
     8    § 2. Section 624 of the executive law  is  amended  by  adding  a  new
     9  subdivision 1-a to read as follows:
    10    1-a.  For  the  purposes  of  this section, "domestic partner" means a
    11  person who, with respect to another person:
    12    (a) is formally a party in a domestic partnership or similar relation-
    13  ship with the other person, entered into pursuant to  the  laws  of  the
    14  United  States or of any state, local or foreign jurisdiction, or regis-
    15  tered as the domestic partner of the  other  person  with  any  registry
    16  maintained  by  the employer of either party or any state, municipality,
    17  or foreign jurisdiction; or
    18    (b) is formally recognized as a beneficiary or  covered  person  under
    19  the other person's employment benefits or health insurance; or
    20    (c)  is  dependent  or mutually interdependent on the other person for
    21  support, as evidenced by the totality of the circumstances indicating  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3694--A                          2
     1  mutual  intent  to  be  a domestic partner including but not limited to:
     2  common ownership or joint leasing of real or personal  property;  common
     3  householding,  shared  income  or  shared  expenses; children in common;
     4  signs  of  intent  to marry or become a domestic partner under paragraph
     5  (a) or (b) of this subdivision; or the length of the personal  relation-
     6  ship of the persons.
     7    §  3.  Section  626  of  the  executive law is amended by adding a new
     8  subdivision 4 to read as follows:
     9    4. Out-of-pocket loss shall also include the cost  of  counseling  for
    10  surviving  family members of homicide victims who are otherwise eligible
    11  pursuant to paragraph (b) of subdivision  one  of  section  six  hundred
    12  twenty-four of this article.
    13    § 4. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.
Go to top