Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 05, 2022 |
referred to judiciary delivered to assembly passed senate |
Mar 03, 2022 |
advanced to third reading |
Mar 02, 2022 |
2nd report cal. |
Mar 01, 2022 |
1st report cal.576 |
Jan 05, 2022 |
referred to judiciary returned to senate died in assembly |
Jun 01, 2021 |
referred to judiciary delivered to assembly passed senate |
May 19, 2021 |
advanced to third reading |
May 12, 2021 |
2nd report cal. |
May 11, 2021 |
1st report cal.1005 |
May 04, 2021 |
referred to judiciary |
Senate Bill S6499
2021-2022 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2021-S6499 (ACTIVE) - Details
2021-S6499 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6499 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the surrogate's court procedure act, in relation to the computation and allocation of the commissions of trustees of charitable trusts; and to repeal certain provisions of such law relating thereto This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Surro- gate's Court Advisory Committee. This measure would amend sections 2308, 2309 and 2312 of the SCPA to provide that an individual trustee of a wholly charitable trust would receive commissions at the same rates as an individual trustee of a non-charitable trust, with a reduced rate of 80% of the rates for a non-charitable trust with a principal value of up to $20,000,000, and a reduced rate of 50% on the principal value in excess of $20,000,000, and to make other clarifications to existing law affecting wholly charitable trusts and split interest trusts as described herein. There is a difference under current law in the manner in which trustees of wholly charitable trusts and trustees of non-charitable trusts are compensated. Under such law (in the SCPA, section 2309(5) and others), a
2021-S6499 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6499 2021-2022 Regular Sessions I N S E N A T E May 4, 2021 ___________ Introduced by Sen. HOYLMAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the surrogate's court procedure act, in relation to the computation and allocation of the commissions of trustees of charita- ble trusts; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 5 of section 2308 of the surrogate's court procedure act, as amended by chapter 601 of the laws of 2019, are amended to read as follows: (a) During the continuance of a trust created solely for public, reli- gious, charitable, scientific, literary, educational or fraternal uses and during the period of continuance of such a trust ESTABLISHED after the termination of a life use or uses the trustee shall be entitled to and may retain ANNUAL commissions [from income in an amount annually equal to 6 per cent of income collected in each year] ACCORDING TO THE TERMS SPECIFIED IN SUBDIVISION 2 OF THIS SECTION, BUT ONLY TO THE EXTENT OF 80 PERCENT OF THE RATES STATED THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WITH RESPECT TO ANY PORTION OF SUCH TRUST WHICH EXCEEDS A PRINCIPAL VALUE OF TWENTY MILLION DOLLARS, THE TRUSTEE MAY ONLY TAKE ANNUAL COMMISSIONS TO THE EXTENT OF 50 PERCENT OF THE RATE SPECIFIED IN PARAGRAPH (C) OF SUBDIVISION 2 OF THIS SECTION. (b) In the case of a trust [created solely for public, religious, charitable, scientific, literary, educational or fraternal uses the] DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, A trustee shall not be entitled to any commission from principal AS SPECIFIED IN SUBDIVISION 1 OF THIS SECTION FOR PAYING OUT PRINCIPAL. § 2. Paragraph (c) of subdivision 6 of section 2308 of the surrogate's court procedure act is REPEALED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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