A07100 Summary:

BILL NOA07100
 
SAME ASSAME AS S07003
 
SPONSORO'Donnell
 
COSPNSR
 
MLTSPNSR
 
Amd SS4-1.1 & 6-2.2, EPT L; amd SS1001, 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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A07100 Actions:

BILL NOA07100
 
05/01/2013referred to judiciary
05/07/2013reported
05/09/2013advanced to third reading cal.339
05/23/2013passed assembly
05/23/2013delivered to senate
05/23/2013REFERRED TO JUDICIARY
01/08/2014DIED IN SENATE
01/08/2014RETURNED TO ASSEMBLY
01/08/2014ordered to third reading cal.340
02/12/2014passed assembly
02/12/2014delivered to senate
02/12/2014REFERRED TO JUDICIARY
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A07100 Floor Votes:

DATE:05/23/2013Assembly Vote  YEA/NAY: 117/12
Yes
Abbate
ER
Crespo
No
Goodell
Yes
Lupardo
ER
Paulin
Yes
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
ER
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
Yes
DenDekker
ER
Heastie
Yes
Malliotakis
Yes
Ra
No
Stec
Yes
Barron
ER
Dinowitz
Yes
Hennessey
Yes
Markey
No
Rabbitt
Yes
Steck
Yes
Benedetto
No
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
AB
Stevenson
No
Blankenbush
Yes
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Sweeney
ER
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
ER
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
Yes
McLaughlin
Yes
Roberts
ER
Tenney
Yes
Brennan
ER
Farrell
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Thiele
Yes
Brindisi
Yes
Finch
Yes
Jordan
Yes
Millman
ER
Rodriguez
Yes
Titone
Yes
Bronson
No
Fitzpatrick
No
Katz
No
Montesano
Yes
Rosa
Yes
Titus
Yes
Brook-Krasny
No
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Buchwald
Yes
Gabryszak
Yes
Kearns
Yes
Mosley
Yes
Rozic
ER
Weinstein
Yes
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
Yes
Gantt
Yes
Kim
No
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
Yes
Garbarino
Yes
Kolb
Yes
Nolan
Yes
Saladino
Yes
Wright
Yes
Ceretto
ER
Gibson
No
Lalor
Yes
Oaks
Yes
Santabarbara
Yes
Zebrowski
ER
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
ER
Scarborough
Yes
Mr. Speaker
Yes
Colton
Yes
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Corwin
ER
Goldfeder
No
Lopez
ER
Palmesano
Yes
Sepulveda

‡ Indicates voting via videoconference
DATE:02/12/2014Assembly Vote  YEA/NAY: 125/10
Yes
Abbate
Yes
Crouch
ER
Gunther
Yes
Malliotakis
Yes
Pretlow
No
Stec
Yes
Abinanti
Yes
Curran
ER
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Arroyo
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Aubry
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Barclay
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barrett
Yes
DenDekker
ER
Hikind
Yes
McKevitt
Yes
Rivera
Yes
Tenney
Yes
Benedetto
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
No
Blankenbush
No
DiPietro
ER
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Borelli
Yes
Duprey
Yes
Jaffee
ER
Millman
Yes
Rodriguez
Yes
Titus
AB
Boyland
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
No
Fitzpatrick
Yes
Kellner
No
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
No
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
No
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
Yes
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
No
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
No
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
No
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages

‡ Indicates voting via videoconference
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A07100 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7100              REVISED 5/6/13
 
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 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 equally in all respects under the law. This bill makes conforming changes to the Estates, Powers and Trusts Law and the Surro- gate's Court Procedure Act to reflect the provisions of the Act.   SUMMARY OF PROVISIONS OF BILL: 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.   LEGISLATIVE HISTORY: New Bill, 2013.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately,
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A07100 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7100
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 1, 2013
                                       ___________
 
        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.
                                                                   LBD10675-01-3

        A. 7100                             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 added by chapter 675 of the laws of 1989, is amended to read  as
    38  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 mentally retarded  or  developmentally
    43  disabled person and whether or not they are living, and if living, their
    44  addresses  and  the  names  and addresses of the nearest distributees of

    45  full age who are domiciliaries, if both parents are dead;
    46    § 7. This act shall take effect immediately.
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