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Sponsors
1 Co-sponsor
History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
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
In Senate Committee · Judiciary · Sponsor Daniel O'Donnell
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.