S07168 Summary:

BILL NOS07168
 
SAME ASSAME AS A08959
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Rpld §624 sub 1-a, §626 sub 4, amd §§621, 626 & 631, Exec L; amd §4, Chap of 2019 (as proposed in S.4958 & A.2566)
 
Expands eligibility for those who receive awards under crime victims' compensation to include a domestic partner; defines domestic partner.
Go to top    

S07168 Actions:

BILL NOS07168
 
01/10/2020REFERRED TO RULES
01/13/2020ORDERED TO THIRD READING CAL.92
01/28/2020PASSED SENATE
01/28/2020DELIVERED TO ASSEMBLY
01/28/2020referred to codes
02/03/2020substituted for a8959
02/03/2020ordered to third reading cal.363
02/03/2020passed assembly
02/03/2020returned to senate
04/17/2020DELIVERED TO GOVERNOR
04/17/2020SIGNED CHAP.70
Go to top

S07168 Committee Votes:

Go to top

S07168 Floor Votes:

DATE:02/03/2020Assembly Vote  YEA/NAY: 131/11
Yes
Abbate
Yes
Crespo
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Gantt
Yes
LiPetri
Yes
Perry
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barclay
Yes
Darling
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
No
Stec
ER
Barnwell
Yes
Raynor
Yes
Goodell
No
Manktelow
Yes
Quart
Yes
Steck
Yes
Barrett
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stern
Yes
Barron
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Ramos
Yes
Stirpe
Yes
Benedetto
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Reilly
No
Tague
Yes
Bichotte
Yes
DeStefano
No
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Taylor
ER
Blake
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Vanel
No
Brabenec
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Rodriguez
Yes
Walczyk
Yes
Braunstein
No
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Romeo
Yes
Walker
Yes
Bronson
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal D
Yes
Wallace
Yes
Buchwald
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal L
Yes
Walsh
Yes
Burke
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weinstein
Yes
Buttenschon
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Ryan
Yes
Weprin
Yes
Byrne
Yes
Fahy
Yes
Joyner
No
Norris
Yes
Salka
Yes
Williams
Yes
Byrnes
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Santabarbara
Yes
Woerner
Yes
Cahill
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Sayegh
Yes
Wright
Yes
Carroll
ER
Finch
No
Lalor
Yes
Otis
ER
Schimminger
Yes
Zebrowski
Yes
Colton
No
Fitzpatrick
ER
Lavine
Yes
Palmesano
Yes
Schmitt
Yes
Mr. Speaker
Yes
Cook
No
Friend
No
Lawrence
Yes
Palumbo
Yes
Seawright

‡ Indicates voting via videoconference
Go to top

S07168 Memo:

Memo not available
Go to top

S07168 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7168
 
                    IN SENATE
 
                                    January 10, 2020
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the executive law, in relation to eligibility of  domes-
          tic  partners  for compensation from the office of victim services; to
          amend a chapter of the laws of 2019 amending the executive law  relat-
          ing  to the eligibility of domestic partners for compensation from the
          crime victims' board, as proposed in legislative bills numbers S. 4958
          and A. 2566, in relation to  the  application  of  certain  provisions
          thereof;  and to repeal certain provisions of the executive law relat-
          ing thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1-a  of section 624 of the executive law, as
     2  added by section 2 of a chapter of the laws of 2019 amending the  execu-
     3  tive  law  relating  to the eligibility of domestic partners for compen-
     4  sation from the crime victims' board, as proposed in  legislative  bills
     5  numbers S. 4958 and A. 2566, is REPEALED.
     6    §  2.  Section  621  of  the  executive law is amended by adding a new
     7  subdivision 25 to read as follows:
     8    25. "Domestic partner" shall mean a person who, with respect to anoth-
     9  er person:
    10    (a) is formally a party in a domestic partnership or similar relation-
    11  ship with the other person, entered into pursuant to  the  laws  of  the
    12  United  States or of any state, local or foreign jurisdiction, or regis-
    13  tered as the domestic partner of the  other  person  with  any  registry
    14  maintained  by  the employer of either party or any state, municipality,
    15  or foreign jurisdiction; or
    16    (b) is formally recognized as a beneficiary or  covered  person  under
    17  the other person's employment benefits or health insurance; or
    18    (c)  is  dependent  or mutually interdependent on the other person for
    19  support, as evidenced by the totality of the circumstances indicating  a
    20  mutual  intent  to  be  a domestic partner including but not limited to:
    21  common ownership or joint leasing of real or personal  property;  common
    22  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.
                                                                   LBD05037-02-0

        S. 7168                             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    Each  party  to  a  domestic partnership shall be considered to be the
     5  domestic partner of  the  other  party.  "Domestic  partner"  shall  not
     6  include a person who is related to the other person by blood in a manner
     7  that would bar marriage to the other person in New York state. "Domestic
     8  partner"  also  shall  not  include any person who is less than eighteen
     9  years of age or who is the adopted child of the other person or  who  is
    10  related  by  blood in a manner that would bar marriage in New York state
    11  to a person who is the lawful spouse of the other person.
    12    § 3. Subdivision 4 of section 626 of the executive law,  as  added  by
    13  section  3  of  a chapter of the laws of 2019 amending the executive law
    14  relating to the eligibility of domestic partners for  compensation  from
    15  the  crime  victims'  board, as proposed in legislative bills numbers S.
    16  4958 and A. 2566, is REPEALED.
    17    § 4. Subdivision 1 of section 626 of the executive law, as amended  by
    18  chapter 104 of the laws of 2015, is amended to read as follows:
    19    1.  Out-of-pocket  loss  shall  mean  unreimbursed  and unreimbursable
    20  expenses or indebtedness reasonably incurred for medical care  or  other
    21  services  necessary  as  a result of the injury upon which such claim is
    22  based, including such expenses incurred as a result of the  exacerbation
    23  of  a  pre-existing  disability or condition directly resulting from the
    24  crime or causally related to the crime. Such  expenses  or  indebtedness
    25  shall  include  the cost of counseling for the eligible spouse, domestic
    26  partner,  grandparents,  parents,  stepparents,   guardians,   brothers,
    27  sisters, stepbrothers, stepsisters, children, stepchildren or grandchil-
    28  dren  of  a  homicide  victim,  and  crime  victims who have sustained a
    29  personal physical injury as the direct result of a crime and the spouse,
    30  children or stepchildren of such  physically  injured  victim.  For  the
    31  purposes  of this subdivision, the victim of a sex offense as defined in
    32  article one hundred thirty of the penal law is presumed to have suffered
    33  physical injury. Such counseling may be provided by local victim service
    34  programs, where available. It shall also include the cost of residing at
    35  or utilizing services provided by  shelters  for  battered  spouses  and
    36  children  who  are  eligible  pursuant to subdivision two of section six
    37  hundred twenty-four of this article, and the cost of  reasonable  attor-
    38  neys' fees for representation before the office and/or before the appel-
    39  late division upon judicial review not to exceed one thousand dollars.
    40    §  5.  Paragraph  (e) of subdivision 5 of section 631 of the executive
    41  law, as amended by section 22 of part A1 of chapter 56 of  the  laws  of
    42  2010, is amended to read as follows:
    43    (e)  Notwithstanding any inconsistent provision of this article, where
    44  a police officer or firefighter, both  paid  and  volunteer,  dies  from
    45  injuries received in the line of duty as a direct result of a crime, the
    46  office  may, without regard to the financial difficulty of the claimant,
    47  make an award for the unreimbursed counseling expenses of  the  eligible
    48  spouse, domestic partner, parents, brothers, sisters or children of such
    49  victim, and/or the reasonable burial expenses incurred by the claimant.
    50    § 6. Section 4 of a chapter of the laws of 2019 amending the executive
    51  law  relating  to  the eligibility of domestic partners for compensation
    52  from the crime victims' board, as proposed in legislative bills  numbers
    53  S.  4958 and A. 2566, is amended to read as follows:
    54    § 4. This act shall take effect on the one hundred eightieth day after
    55  it  shall  have become a law and shall apply to claims filed on or after
    56  such date.

        S. 7168                             3
 
     1    § 7. This act shall take effect on the  same  date  and  in  the  same
     2  manner  as  a  chapter  of  the  laws of 2019 amending the executive law
     3  relating to eligibility of domestic partners for compensation  from  the
     4  crime  victims'  board, as proposed in legislative bills numbers S. 4958
     5  and A. 2566, takes effect.
Go to top

S07168 LFIN:

 NO LFIN
Go to top

S07168 Chamber Video/Transcript:

Go to top