S07685 Summary:

BILL NOS07685
 
SAME ASSAME AS A11307
 
SPONSORRULES
 
COSPNSR
 
MLTSPNSR
 
Add S4, Work Comp L
 
Makes domestic partners of persons dying, without surviving spouses, as a result of the terrorist attacks of 9/11/01 eligible for the workers' compensation death benefits, including funeral expenses, otherwise due a surviving spouse; defines "domestic partner" broadly.
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S07685 Actions:

BILL NOS07685
 
06/17/2002REFERRED TO RULES
06/20/2002ORDERED TO THIRD READING CAL.1554
06/20/2002PASSED SENATE
06/20/2002DELIVERED TO ASSEMBLY
06/20/2002referred to ways and means
06/25/2002substituted for a11307
06/25/2002ordered to third reading rules cal.1322
06/25/2002passed assembly
06/25/2002returned to senate
08/08/2002DELIVERED TO GOVERNOR
08/20/2002SIGNED CHAP.467
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S07685 Floor Votes:

DATE:06/25/2002Assembly Vote  YEA/NAY: 147/0
Yes
Abbate
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
O'Connell
Yes
Stephens
Yes
Acampora
Yes
Conte
Yes
Gordon
Yes
Levy
Yes
Ortiz
Yes
Straniere
Yes
Alfano
Yes
Cook
Yes
Gottfried
Yes
Little
Yes
Ortloff
Yes
Stringer
Yes
Arroyo
Yes
Crouch
Yes
Grannis
Yes
Lopez
Yes
Parment
Yes
Sullivan EC
Yes
Aubry
Yes
Cymbrowitz
Yes
Green
Yes
Luster
Yes
Paulin
Yes
Sullivan F
Yes
Bacalles
Yes
Davis
Yes
Greene
Yes
Magee
Yes
Perry
Yes
Sweeney
Yes
Barra
Yes
DelMonte
Yes
Gromack
Yes
Magnarelli
Yes
Pheffer
Yes
Tedisco
Yes
Barraga
Yes
Destito
Yes
Gunther
Yes
Manning
Yes
Powell
Yes
Thiele
Yes
Boyland
Yes
Diaz
Yes
Hayes
Yes
Markey
Yes
Prentiss
Yes
Titus
Yes
Boyle
Yes
DiNapoli
Yes
Heastie
Yes
Matusow
Yes
Pretlow
Yes
Tocci
Yes
Brennan
Yes
Dinga
Yes
Herbst
ER
Mayersohn
ER
Ravitz
Yes
Tokasz
Yes
Brodsky
Yes
Dinowitz
Yes
Higgins
Yes
McDonald
Yes
Rivera J
Yes
Tonko
Yes
Brown
Yes
Eddington
Yes
Hikind
Yes
McDonough
Yes
Rivera PM
Yes
Towns
Yes
Burling
Yes
Englebright
Yes
Hooper
Yes
McEneny
Yes
Robach
Yes
Townsend
Yes
Butler
Yes
Errigo
Yes
Hoyt
Yes
McLaughlin
Yes
Robinson
Yes
Warner
Yes
Cahill
Yes
Espaillat
Yes
Jacobs
Yes
Miller
Yes
Sanders
Yes
Weinstein
Yes
Calhoun
Yes
Eve
Yes
John
Yes
Millman
Yes
Sanford
Yes
Weisenberg
Yes
Canestrari
Yes
Farrell
Yes
Kaufman
Yes
Mills
Yes
Scarborough
Yes
Weprin
Yes
Carrozza
Yes
Faso
Yes
Kirwan
Yes
Mirones
Yes
Schimminger
Yes
Wertz
Yes
Casale
Yes
Ferrara
Yes
Klein
Yes
Morelle
Yes
Scozzafava
Yes
Winner
Yes
Christensen
Yes
Finch
Yes
Kolb
Yes
Nesbitt
Yes
Seddio
Yes
Wirth
Yes
Clark
Yes
Flanagan
Yes
Koon
Yes
Nolan
Yes
Seminerio
Yes
Wright
Yes
Cohen A
Yes
Galef
Yes
Labriola
Yes
Norman
Yes
Sidikman
Yes
Young
Yes
Cohen M
Yes
Gantt
Yes
Lafayette
Yes
Nortz
Yes
Smith
Yes
Mr. Speaker
Yes
Colman
Yes
Gianaris
Yes
Lavelle
Yes
Oaks
Yes
Spano

‡ Indicates voting via videoconference
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S07685 Memo:

Memo not available
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S07685 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7685
 
                    IN SENATE
 
                                      June 17, 2002
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
 
        AN ACT to amend the workers' compensation law,  in  relation  to  making
          death  benefits available to domestic partners of persons who perished
          as a result of the terrorist attacks of September eleventh, two  thou-
          sand one
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The workers' compensation law is amended by  adding  a  new
     2  section 4 to read as follows:
     3    §  4.  Special  applicability;  domestic  partners; surviving domestic
     4  partners; death benefits; funeral expenses; terrorist attacks of Septem-
     5  ber eleventh, two thousand one; construction. 1. Definition.   "Domestic
     6  partner" means a person at least eighteen years of age who:
     7    (a)  is  dependent  upon  the  employee for support as shown by either
     8  unilateral dependence or mutual interdependence, as evidenced by a nexus
     9  of factors including, but not limited to, common ownership  of  real  or

    10  personal  property,  common  householding,  children in common, signs of
    11  intent to marry, shared  budgeting,  and  the  length  of  the  personal
    12  relationship  with  the employee or, if the employee is deceased, was so
    13  dependent upon the employee immediately prior to the  employee's  death;
    14  or
    15    (b)  has  registered  as the domestic partner of the employee with any
    16  registry of domestic partnerships maintained by the employer  of  either
    17  party,  the  state,  or  any  county, city, town, or village, or, if the
    18  employee is deceased, did so register prior to the employee's death.
    19    (c) For the purposes of this section, the definition of domestic part-
    20  ner made by this subdivision shall supplement or  supersede  any  incon-

    21  sistent  definition of such term by any other general, special, or local
    22  law, ordinance, code, or charter so  that  no  person  qualifying  as  a
    23  domestic  partner, as defined in this subdivision, whether registered or
    24  unregistered, shall, for the purposes of this section, be deemed not  to
    25  be a domestic partner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15785-01-2

        S. 7685                             2
 
     1    (d)  For  the  purposes  of  this section, the term "domestic partner"
     2  shall include the term "surviving domestic partner".

     3    Provided  however, "domestic partner" shall not include any person who
     4  is related by blood to the employee in a manner that would bar  marriage
     5  to the employee in New York state.
     6    2.  Death benefits. The domestic partner, at the time of the death, of
     7  any employee shall, if such employee had no spouse at the time of his or
     8  her death, be deemed to be the surviving spouse of such employee for the
     9  purposes of any death benefit, including  but  not  limited  to  funeral
    10  expenses,  to  which a surviving spouse would be entitled upon the death
    11  of such employee, and any and all such benefits shall be  paid  to  such
    12  domestic partner.
    13    3.  Applicability.  The provisions of this section apply only to cases

    14  in which the employee's death occurred as  a  result  of  the  terrorist
    15  attacks that occurred on September eleven, two thousand one.
    16    4.  Construction.  (a)  The  definition of the term "domestic partner"
    17  made by subdivision one of this section shall not be construed to be  an
    18  exclusive definition.
    19    (b) The enactment of this section shall not be construed to divest any
    20  court  of  any  authority  such court may otherwise have to adjudicate a
    21  person a domestic partner on the basis of any criteria other than  those
    22  specified in subdivision one of this section, whether such person has or
    23  has not registered as a domestic partner.
    24    §  2.  This  act  shall take effect immediately and shall be deemed to

    25  have been in full force and effect on and after September 10, 2001.
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