senate Bill S3923A

Signed By Governor
2019-2020 Legislative Session

Reforms the statutory short form and other powers of attorney for purposes of financial and estate planning; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5630 - Signed by Governor


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 15, 2020 approval memo.32
signed chap.323
Dec 03, 2020 delivered to governor
Jul 21, 2020 returned to assembly
passed senate
3rd reading cal.589
substituted for s3923a
Jul 21, 2020 substituted by a5630a
Jun 10, 2020 amended on third reading 3923a
Mar 18, 2020 advanced to third reading
Mar 11, 2020 2nd report cal.
Mar 10, 2020 1st report cal.589
Jan 08, 2020 referred to judiciary
Jun 20, 2019 committed to rules
Jun 04, 2019 advanced to third reading
Jun 03, 2019 2nd report cal.
May 30, 2019 1st report cal.1061
Feb 21, 2019 referred to judiciary

Votes

view votes

Mar 10, 2020 - Judiciary committee Vote

S3923
9
2
committee
9
Aye
2
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 10, 2020

nay (2)
aye wr (3)
excused (1)

May 30, 2019 - Judiciary committee Vote

S3923
8
4
committee
8
Aye
4
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2019

aye wr (2)
excused (1)

S3923 - Details

See Assembly Version of this Bill:
A5630
Law Section:
General Obligations Law
Laws Affected:
Rpld §5-1501 sub 2 ¶(n), §5-1514, amd Gen Ob L, generally
Versions Introduced in 2017-2018 Legislative Session:
S6501, A9033

S3923 - Summary

Reforms the statutory short form and other powers of attorney for purposes of financial and estate planning.

S3923 - Sponsor Memo

S3923 - Bill Text download pdf


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

                                  3923

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 21, 2019
                               ___________

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 general obligations law, in  relation  to  reforming
  the  statutory short form and other powers of attorney for purposes of
  financial and estate planning; and to  repeal  certain  provisions  of
  such law relating to statutory gift riders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (j) of subdivision 2 of  section  5-1501  of  the
general  obligations law, as amended by chapter 340 of the laws of 2010,
is amended to read as follows:
  (j) "Power of attorney" means a written document, other than  a  docu-
ment  referred to in section 5-1501C of this title, by which a principal
with capacity designates an agent to  act  on  his  or  her  behalf  AND
INCLUDES  BOTH A STATUTORY SHORT FORM POWER OF ATTORNEY AND A NON-STATU-
TORY POWER OF ATTORNEY.
  § 2. Paragraph (n) of subdivision 2 of section 5-1501 of  the  general
obligations  law is REPEALED, and paragraphs (o), (p) and (q) are relet-
tered paragraphs (n), (o) and (p).
  § 3. Paragraph (n) of subdivision 2 of section 5-1501 of  the  general
obligations  law,  as  amended by chapter 340 of the laws of 2010 and as
relettered by section two of this act, is amended to read as follows:
  (n) "Statutory short form power of attorney" means a power of attorney
that meets the requirements of paragraphs (a), (b) and (c)  of  subdivi-
sion one of section 5-1501B of this title, and that [contains the exact]
SUBSTANTIALLY  CONFORMS  TO THE wording of the form set forth in section
5-1513 of this title; PROVIDED HOWEVER, THAT ANY  SECTION  INDICATED  AS
"OPTIONAL"  THAT  IS  NOT  USED MAY BE OMITTED AND REPLACED BY THE WORDS
"INTENTIONALLY OMITTED". [A mistake in wording,  such  as  in  spelling,
punctuation  or  formatting,  or  the  use  of bold or italic type,] ANY
INSUBSTANTIAL VARIATIONS IN THE FORM shall not prevent a power of attor-

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

Co-Sponsors

S3923A (ACTIVE) - Details

See Assembly Version of this Bill:
A5630
Law Section:
General Obligations Law
Laws Affected:
Rpld §5-1501 sub 2 ¶(n), §5-1514, amd Gen Ob L, generally
Versions Introduced in 2017-2018 Legislative Session:
S6501, A9033

S3923A (ACTIVE) - Summary

Reforms the statutory short form and other powers of attorney for purposes of financial and estate planning.

S3923A (ACTIVE) - Sponsor Memo

S3923A (ACTIVE) - Bill Text download pdf


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

                                 3923--A
    Cal. No. 589

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 21, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the general obligations law, in  relation  to  reforming
  the  statutory short form and other powers of attorney for purposes of
  financial and estate planning; and to  repeal  certain  provisions  of
  such law relating to statutory gift riders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (j) of subdivision 2 of  section  5-1501  of  the
general  obligations law, as amended by chapter 340 of the laws of 2010,
is amended to read as follows:
  (j) "Power of attorney" means a written document, other than  a  docu-
ment  referred to in section 5-1501C of this title, by which a principal
with capacity designates an agent to  act  on  his  or  her  behalf  AND
INCLUDES  BOTH A STATUTORY SHORT FORM POWER OF ATTORNEY AND A NON-STATU-
TORY POWER OF ATTORNEY.
  § 2. Paragraph (n) of subdivision 2 of section 5-1501 of  the  general
obligations  law is REPEALED, and paragraphs (o), (p) and (q) are relet-
tered paragraphs (n), (o) and (p).
  § 3. Paragraph (n) of subdivision 2 of section 5-1501 of  the  general
obligations  law,  as  amended by chapter 340 of the laws of 2010 and as
relettered by section two of this act, is amended to read as follows:
  (n) "Statutory short form power of attorney" means a power of attorney
that meets the requirements of paragraphs (a), (b) and (c)  of  subdivi-
sion one of section 5-1501B of this title, and that [contains the exact]
SUBSTANTIALLY  CONFORMS  TO THE wording of the form set forth in section
5-1513 of this title; PROVIDED HOWEVER, THAT ANY  SECTION  INDICATED  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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