Bill S7003-2013

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

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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  • Apr 11, 2014: REFERRED TO JUDICIARY

Memo

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


Text

STATE OF NEW YORK ________________________________________________________________________ 7003 IN SENATE 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.
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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