A04024 Summary:

COSPNSRJaffee, Perry, Gottfried, Bronson, Aubry
MLTSPNSRColton, Jacobs, Millman, Mosley, O'Donnell, 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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A04024 Actions:

01/30/2013referred to governmental operations
02/28/2013reported referred to codes
03/05/2013reported referred to ways and means
04/18/2013advanced to third reading cal.147
04/24/2013passed assembly
04/24/2013delivered to senate
01/08/2014DIED IN SENATE
01/08/2014ordered to third reading cal.195
04/07/2014passed assembly
04/07/2014delivered to senate
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A04024 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 domestic partners for compensation from the crime victims' board   PURPOSE OR GENERAL IDEA OF BILL: This bill would allow domestic part- ners of homicide victims to be eligible 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 subdi- vision 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 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- 5.2741 Referred to Crime Victims, Crime and Corrections; A4980 Reported from Government Operations and referred to Ways and Means 2003-2004- 5.534 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 A.3592: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION   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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A04024 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2013
        Introduced  by  M.  of A. GLICK, JAFFEE, PERRY, GOTTFRIED -- Multi-Spon-
          sored by -- M. of A.   COLTON, JACOBS,  MILLMAN,  O'DONNELL,  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 233 of the laws of 2012, 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  or
     6  stepchild  of  a  victim  of a crime who died as a direct result of such
     7  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
    22  mutual  intent  to  be  a domestic partner including but not limited to:

    23  common ownership or joint leasing of real or personal  property;  common
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4024                             2
     1  householding,  shared  income  or  shared  expenses; children in common;
     2  signs of intent to marry or become a domestic  partner  under  paragraph
     3  (a)  or (b) of this subdivision; or the length of the personal relation-
     4  ship of the persons.
     5    §  3.  Section  626  of  the  executive law is amended by adding a new
     6  subdivision 4 to read as follows:
     7    4. Out-of-pocket loss shall also include the cost  of  counseling  for

     8  surviving  family members of homicide victims who are otherwise eligible
     9  pursuant to paragraph (b) of subdivision  one  of  section  six  hundred
    10  twenty-four of this article.
    11    § 4. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.
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