senate Bill S7003

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Apr 11, 2014 referred to judiciary

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S7003 - Bill Details

See Assembly Version of this Bill:
A7100
Current Committee:
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§4-1.1 & 6-2.2, EPT L; amd §§1001, 1310, 1704 & 1752, SCPA

S7003 - Bill Texts

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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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BILL NUMBER:S7003

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:

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 Surrogate's
Court Procedure Act to reflect the provisions of the Act.

SUMMARY OF PROVISIONS:

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

FISCAL IMPLICATIONS:

None to the State of New York

EFFECTIVE DATE:

Immediately


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7003

                            I N  S E N A T E

                             April 11, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1. Subparagraphs 6 and 7 of paragraph (a) of section 4-1.1 of
the estates, powers and trusts law, as amended by  chapter  595  of  the
laws of 1992, are amended to read as follows:
  (6)  One or more grandparents or the issue of grandparents (as herein-
after defined), and no spouse, issue, parent or issue of  parents,  one-
half  to  the  surviving  [paternal]  grandparent or grandparents OF ONE
PARENTAL SIDE, or if neither of them survives  the  decedent,  to  their
issue,  by  representation,  and  the  other  one-half  to the surviving
[maternal] grandparent or grandparents OF THE OTHER PARENTAL SIDE, or if
neither of them survives the decedent,  to  their  issue,  by  represen-
tation;  provided that if the decedent was not survived by a grandparent
or grandparents on one side or by the issue of  such  grandparents,  the
whole to the surviving grandparent or grandparents on the other side, or
if  neither  of them survives the decedent, to their issue, by represen-
tation, in the same manner as the one-half. For  the  purposes  of  this
subparagraph,  issue of grandparents shall not include issue more remote
than grandchildren of such grandparents.
  (7) Great-grandchildren of grandparents, and no spouse, issue, parent,
issue of parents, grandparent, children of grandparents or grandchildren
of grandparents, one-half to the great-grandchildren of  the  [paternal]
grandparents OF ONE PARENTAL SIDE, per capita, and the other one-half to
the  great-grandchildren  of  the  [maternal]  grandparents OF THE OTHER
PARENTAL SIDE, per  capita;  provided  that  if  the  decedent  was  not
survived  by  great-grandchildren of grandparents on one side, the whole
to the great-grandchildren of grandparents on the  other  side,  in  the
same manner as the one-half.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10675-01-3

S. 7003                             2

  S  2. Paragraph (d) of section 6-2.2 of the estates, powers and trusts
law, as amended by chapter 480 of the laws of 1995, is amended  to  read
as follows:
  (d) A disposition of real property, or a disposition on or after Janu-
ary first, nineteen hundred ninety-six of the shares of stock of a coop-
erative apartment corporation allocated to an apartment or unit together
with  the  appurtenant proprietary lease, to persons who are not legally
married to one another but who  are  described  in  the  disposition  as
husband  and  wife,  SPOUSES, HUSBANDS, OR WIVES creates in them a joint
tenancy, unless expressly declared to be a tenancy in common.
  S 3. Paragraph (d) of subdivision 1 of section 1001 of the surrogate's
court procedure act, as amended by chapter 595 of the laws of  1992,  is
amended to read as follows:
  (d) [the father or mother] EITHER PARENT,
  S 4. Paragraph (c) of subdivision 3 of section 1310 of the surrogate's
court  procedure  act, as amended by chapter 514 of the laws of 1993, is
amended to read as follows:
  (c) [the father or mother] EITHER PARENT,
  S 5. Subdivision 2 of section 1704 of the surrogate's court  procedure
act,  as  amended by chapter 404 of the laws of 2008, is amended to read
as follows:
  2. The names of the [father and the mother] PARENTS whose  consent  to
the adoption of a child would have been required pursuant to section one
hundred  eleven  of  the  domestic  relations law or who was entitled to
notice of  an  adoption  proceeding  pursuant  to  section  one  hundred
eleven-a  of  the  domestic  relations  law, and whether or not they are
living or have had their parental rights terminated pursuant to  section
three  hundred  eighty-three-c,  section  three  hundred  eighty-four or
section three hundred  eighty-four-b  of  the  social  services  law  or
section  six  hundred thirty-one of the family court act, and if living,
their domiciles, the name and address of the person with whom the infant
resides and the names and addresses of the nearest distributees of  full
age who are domiciliaries, if both [father and mother] PARENTS are dead.
  S  6. Subdivision 3 of section 1752 of the surrogate's court procedure
act, as added by chapter 675 of the laws of 1989, is amended to read  as
follows:
  3.  the  names  of  the  [father, the mother] PARENTS, children, adult
siblings if eighteen years of age or older, the spouse and primary  care
physician  if  other  than  a physician having submitted a certification
with the petition, if any, of the mentally retarded  or  developmentally
disabled person and whether or not they are living, and if living, their
addresses  and  the  names  and addresses of the nearest distributees of
full age who are domiciliaries, if both parents are dead;
  S 7. This act shall take effect immediately.

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