Text of NY A 7304 (2004)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text A07304 Summary: BILL NOA07304A SAME ASSAME AS UNI. S03393-A SPONSORGlick (MS) COSPNSRO'Donnell, Lifton, Peralta, Lavelle, Seddio, Gottfried, Rivera J, Hoyt, Cohen A, Stringer MLTSPNSRBing, Bradley, Brodsky, Cook, DiNapoli, Dinowitz, Farrell, Gianaris, Green, Jacobs, Lafayette,Lopez, Millman, Nolan, Pheffer, Sanders, Towns, Weisenberg, Wright Add Art 3-B SS44 - 48, amd S110, Dom Rel L; amd S296, Exec L; amd S4235, Ins L; add S1-2.21, EPTL Provides for the establishment and recognition of domestic partnerships and for the termination thereof; defines the term, "domestic partners"; provides for the filing of statements of domestic partnership with the county clerk and maintenance of a registry by the secretary of state; provides for the inclusion of domestic partners in health insurance coverage; protects domestic partners and domestic partnerships from various forms of discrimination; includes domestic partners in the term "surviving spouse" for probate purposes; provides that domestic partners may adopt children together; provides a surviving spouse or domestic partner of a civil service employee who has died prior to retirement is elible to continue health insurance; requires hospital staff to inquire whether or not the person admitted wishes to designate a person as a domestic partner who shall have all the privileges of next-of-kin with regard to visitation and authorization for surgery; makes certain provisions regarding disability benefits applicable to domestic partners; provides domestic partners shall be deemed to be surviving spouses for purposes of workers' compensation death benefits; allows employees to use sick leave to provice care to family members and domestic partners; and provides the term "spouse" shall mean wife, husband or domestic partner with regard to tax law.Go to top A07304 Text: STATE OF NEW YORK ________________________________________________________________________ S. 3393--A A. 7304--A 2003-2004 Regular Sessions SENATE - ASSEMBLY March 25, 2003 ___________ IN SENATE -- Introduced by Sens. SCHNEIDERMAN, ANDREWS, BROWN, CONNOR, DUANE, KRUEGER, MONTGOMERY, OPPENHEIMER, PARKER, A. SMITH, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judici- ary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. GLICK, O'DONNELL, LIFTON, PERALTA, LAVELLE, SEDDIO, GOTTFRIED, J. RIVERA -- Multi-Sponsored by -- M. of A. BING, BRADLEY, BRODSKY, COOK, DiNAPOLI, DINOWITZ, FARRELL, GIANAR- IS, GREEN, JACOBS, LAFAYETTE, MILLMAN, NOLAN, SANDERS, TOWNS, WRIGHT -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the domestic relations law, the executive law, the insurance law, the estates, powers and trusts law, the civil service law, the public health law, the workers' compensation law, the labor law and the tax law, in relation to providing for the establishment and recognition of domestic partnerships The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The domestic relations law is amended by adding a new arti- 2 cle 3-B to read as follows: 3 ARTICLE 3-B 4 DOMESTIC PARTNERSHIPS 5 Section 44. Definition; creation of a domestic partnership. 6 45. Statement of domestic partnership. 7 46. Filing of statements. 8 47. Records of county clerks; registry. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04489-07-4 S. 3393--A 2 A. 7304--A 1 48. Limited effect. 2 § 44. Definition; creation of a domestic partnership. 1. Definition. 3 For the purpose of defining relationships to which this article applies, 4 domestic partners are: 5 (a) (1) Two persons of the same or opposite sex, not married to one 6 another, who for a significant period of time share a primary residence 7 and a life together as a couple. 8 (2) Persons are domestic partners when they have maintained a common 9 household, as defined in subparagraph three of this paragraph, with 10 their common child, as defined in subparagraph four of this paragraph, 11 for a continuous period called the cohabitation parenting period. 12 (3) Persons maintain a common household when they share a primary 13 residence only with each other and family members; or when, if they 14 share a household with other unrelated persons, they act jointly, rather 15 than as individuals, with respect to management of the household. 16 (4) Persons have a common child when each is either the child's legal 17 parent or guardian. 18 (5) When the requirements of subparagraph one or two of this paragraph 19 are not satisfied, a person asserting a claim under this article bears 20 the burden of proving that a domestic partnership as defined in this 21 subdivision exists or existed. 22 (6) Evidence of a domestic partnership includes, but is not limited 23 to: 24 (i) oral or written statements or promises made to one another, or 25 representations jointly made to third parties, regarding their relation- 26 ship; 27 (ii) the extent to which the parties intermingled their finances; 28 (iii) the extent to which their relationship fostered the parties' 29 economic interdependence, or the economic dependence of one party upon 30 the other; 31 (iv) naming the other the beneficiary of life insurance or of a testa- 32 mentary instrument, or as eligible to receive benefits under an employ- 33 ee-benefit plan; 34 (v) the parties' community reputation as a couple; 35 (vi) the parties' participation in a commitment ceremony or registra- 36 tion as a domestic partnership; 37 (vii) the parties' procreation of, adoption of, or joint assumption of 38 parental functions toward a child; and 39 (viii) the parties' maintenance of a common household, as defined by 40 subparagraph three of this paragraph; or 41 (ix) the registration as the domestic partner of such other person 42 with any registry of domestic partnerships maintained by the employer of 43 either party, the state, or any county, city, town, or village, or, if 44 such other person is deceased, did so register prior to such other 45 person's death. 46 (b) For the purposes of this section, the definition of domestic part- 47 ner made by this section shall supplement or supersede any inconsistent 48 definition of such term by any other general, special, or local law, 49 ordinance, code, or charter. 50 (c) For the purposes of this article, the term "domestic partner" 51 shall include the term "surviving domestic partner". 52 Provided however, "domestic partner" shall not include any person who 53 is related by blood to such other person in a manner that would bar 54 marriage to such other person in New York state. 55 (d) The definition of the term "domestic partner" made by this subdi- 56 vision shall not be construed to be an exclusive definition. S. 3393--A 3 A. 7304--A 1 (e) The enactment of this article shall not be construed to divest any 2 court of any authority such court may otherwise have to adjudicate a 3 person a domestic partner on the basis of any criteria other than those 4 specified in this subdivision, whether such person has or has not regis- 5 tered as a domestic partner. 6 2. The persons agree, in the event of termination of the domestic 7 partnership, to file a termination statement as provided for in this 8 article; and 9 3. The persons file a statement of domestic partnership as set forth 10 in section forty-five of this article. 11 § 45. Statement of domestic partnership. 1. Contents. Domestic part- 12 ners may make an official record of their domestic partnership by 13 completing, signing, and submitting to the county clerk of the county in 14 which they reside a statement of domestic partnership. Such statement 15 shall be supplied by the county clerk in such a form as shall be promul- 16 gated by the secretary of state. Persons submitting such a statement 17 must declare under penalty of perjury: 18 (a) The persons are not related by blood closer than would bar 19 marriage; 20 (b) Neither person is married; 21 (c) The persons share a primary residence and the common necessities 22 of life; 23 (d) The persons are eighteen years old or older; 24 (e) The persons are competent to enter into a contract; 25 (f) The persons declare that they are each other's sole domestic part- 26 ner; 27 (g) The persons have agreed between themselves to be responsible for 28 each other's welfare; and 29 (h) The persons agree to file a termination statement in the event the 30 domestic partnership is terminated. 31 The domestic partnership statement shall include the date on which the 32 persons become each other's domestic partners and their address. 33 2. Termination of domestic partnership. Any member of a domestic part- 34 nership may terminate the domestic partnership by filing a termination 35 statement with the county clerk of the county of the residence address 36 provided in the domestic partnership statement. The person filing the 37 termination statement must declare under penalty of perjury that the 38 domestic partnership is terminated and that a copy of the termination 39 statement has been sent by certified or registered mail to the other 40 partner. Such termination shall take effect ten days after the filing 41 of the termination statement. Upon the termination of a domestic part- 42 nership, the partners, from that time forward, shall incur none of the 43 obligations to each other as domestic partners that are created by this 44 article and any other provision of law specifically referring to domes- 45 tic partners. 46 3. New statements of domestic partnership. No person who has filed a 47 statement of domestic partnership may file another statement of domestic 48 partnership until six months after a termination statement of a previous 49 partnership has been filed with the county clerk. 50 4. The filing of a statement of domestic partnership pursuant to this 51 article shall not, in and of itself, change the character of property, 52 real or personal, or any interest in any real or personal property owned 53 by either domestic partner or both of them prior to the date of filing 54 of the statement. 55 (a) The filing of a statement of domestic partnership pursuant to this 56 article shall not, in and of itself, create any interest in, or rights S. 3393--A 4 A. 7304--A 1 to, any property, real or personal, owned by one partner or the other 2 partner. 3 (b) Any property or interest acquired by the partners during the 4 domestic partnership where title is shared shall be held by the partners 5 in proportion of interest assigned to each partner at the time the prop- 6 erty or interest was acquired unless otherwise expressly agreed in writ- 7 ing by both parties. Upon termination of the domestic partnership, this 8 subdivision shall govern the division of any property jointly acquired 9 by the partners. 10 (c) The formation of a domestic partnership under this article shall 11 not change the individual income or estate tax liability of each domes- 12 tic partner prior to and during the partnership, unless otherwise 13 provided under another state or federal law or regulation. 14 § 46. Filing of statements. 1. Filing. Anyone who signs a statement of 15 domestic partnership shall file it with the county clerk of the county 16 of the residence address provided in the statement. A statement of 17 domestic partnership, termination statement or amendment of domestic 18 partnership statement shall not be deemed effective unless filed with 19 the county clerk. 20 2. Form of statements. All statements relating to domestic partner- 21 ships shall be executed as a declaration made under penalty of perjury. 22 The county clerk shall provide forms as necessary to interested individ- 23 uals. 24 3. Fees for statements. (a) The county clerk shall charge a fee of 25 not more than thirty-five dollars for filing a domestic partnership 26 statement and a termination statement. 27 (b) Payment of the fee entitles the person filing a statement on 28 behalf of the domestic partnership to have two copies of the statement 29 certified by the county clerk. 30 § 47. Records of county clerks; registry. 1. County clerks shall 31 maintain adequate records of domestic partnership statements showing 32 which domestic partnerships have been created, terminated or amended. 33 2. The county clerks shall forward copies of such records of domestic 34 partnership statements to the secretary of state in such frequency as 35 shall be directed by the secretary of state. The secretary of state 36 shall develop and maintain a state-wide registry of domestic partner- 37 ships for record-keeping purposes. Such registry shall be available for 38 public inspection. The secretary of state shall maintain the format and 39 content of such registry on a computerized data base which shall be 40 updated in such frequency as shall be directed by the secretary of 41 state. 42 § 48. Limited effect. 1. This article shall not be construed to make 43 the partnership law applicable to domestic partnerships; nor shall this 44 article be construed to augment or diminish the rights and obligations 45 created by the family court act or other provisions of this chapter. 46 2. Registration as a domestic partner under this article shall not be 47 evidence of, or establish, any rights existing under law other than 48 those expressly provided to domestic partners in this article and any 49 provisions of law specifically referring to domestic partners. The 50 provisions relating to domestic partners provided in this article and 51 any provision of law specifically referring to domestic partners shall 52 not diminish any right under any other provision of law. 53 § 2. Subdivision 20 of section 296 of the executive law, as renumbered 54 by chapter 204 of the laws of 1996, is renumbered subdivision 21 and a 55 new subdivision 20 is added to read as follows: S. 3393--A 5 A. 7304--A 1 20. It shall be an unlawful discriminatory practice for any state or 2 local agency, authority, or public benefit corporation to discriminate 3 against domestic partnerships in any way. This practice includes, but is 4 not limited to, using marital status as a factor in any decision, policy 5 or practice unless it uses domestic partnership in the same way. 6 § 3. Paragraph 1 of subsection (f) of section 4235 of the insurance 7 law, as amended by chapter 593 of the laws of 2000, is amended to read 8 as follows: 9 (1) Any policy of group accident, group health or group accident and 10 health insurance may include provisions for the payment by the insurer 11 of benefits for expenses incurred on account of hospital, medical or 12 surgical care or physical and occupational therapy by licensed physical 13 and occupational therapists upon the prescription or referral of a 14 physician for the employee or other member of the insured group, his or 15 her spouse, domestic partner, his or her child or children, the child or 16 children of a domestic partner, or other persons chiefly dependent upon 17 him or her for support and maintenance; provided that a policy under 18 which coverage of a dependent of an employee or other member of the 19 insured group terminates at a specified age shall not so terminate with 20 respect to an unmarried child who is incapable of self-sustaining 21 employment by reason of mental illness, developmental disability, mental 22 retardation, as defined in the mental hygiene law, or physical handicap 23 and who became so incapable prior to attainment of the age at which 24 dependent coverage would otherwise terminate and who is chiefly depend- 25 ent upon such employee or member for support and maintenance, while the 26 insurance of the employee or member remains in force and the dependent 27 remains in such condition, if the insured employee or member has within 28 thirty-one days of such dependent's attainment of the termination age 29 submitted proof of such dependent's incapacity as described herein. 30 If a policy of group accident, group health or group accident and 31 health insurance includes provisions for the payment by the insurer of 32 benefits for expenses incurred for the spouse of the employee, such 33 policy shall also provide for payment of benefits for expenses incurred 34 for the domestic partner of the employee. 35 § 4. Subdivisions 1, 2-a and paragraph (a) of subdivision 5 of section 36 296 of the executive law, subdivision 1 as amended by chapter 803 of the 37 laws of 1975, paragraphs (a), (b), (c) and (d) of subdivision 1, para- 38 graphs (a), (b) and (c) of subdivision 2-a and paragraph (a) of subdivi- 39 sion 5 as amended and paragraph (c-1) of subdivision 2-a as added by 40 chapter 106 of the laws of 2003, paragraph (e) of subdivision 1 as 41 amended by chapter 166 of the laws of 2000, paragraph (g) of subdivision 42 1 as added by chapter 98 of the laws of 1984, subdivision 2-a as amended 43 by chapter 730 of the laws of 1977, paragraph (f) of subdivision 2-a as 44 added by chapter 204 of the laws of 1978, and paragraphs (e) and (f) of 45 subdivision 2-a as relettered, paragraph (d) of subdivision 2-a as added 46 by chapter 368 of the laws of 1991, are amended to read as follows: 47 1. It shall be an unlawful discriminatory practice: 48 (a) For an employer or licensing agency, because of the age, race, 49 creed, color, national origin, sexual orientation, military status, sex, 50 disability, genetic predisposition or carrier status, [or] marital 51 status or status as a domestic partner, of any individual, to refuse to 52 hire or employ or to bar or to discharge from employment such individual 53 or to discriminate against such individual in compensation or in terms, 54 conditions or privileges of employment. 55 (b) For an employment agency to discriminate against any individual 56 because of age, race, creed, color, national origin, sexual orientation, S. 3393--A 6 A. 7304--A 1 military status, sex, disability, genetic predisposition or carrier 2 status, [or] marital status, or status as a domestic partner, in receiv- 3 ing, classifying, disposing or otherwise acting upon applications for 4 its services or in referring an applicant or applicants to an employer 5 or employers. 6 (c) For a labor organization, because of the age, race, creed, color, 7 national origin, sexual orientation, military status, sex, disability, 8 genetic predisposition or carrier status, [or] marital status or status 9 as a domestic partner, of any individual, to exclude or to expel from 10 its membership such individual or to discriminate in any way against any 11 of its members or against any employer or any individual employed by an 12 employer. 13 (d) For any employer or employment agency to print or circulate or 14 cause to be printed or circulated any statement, advertisement or publi- 15 cation, or to use any form of application for employment or to make any 16 inquiry in connection with prospective employment, which expresses 17 directly or indirectly, any limitation, specification or discrimination 18 as to age, race, creed, color, national origin, sexual orientation, 19 military status, sex, disability, genetic predisposition or carrier 20 status, [or] marital status, or status as a domestic partner, or any 21 intent to make any such limitation, specification or discrimination, 22 unless based upon a bona fide occupational qualification; provided, 23 however, that neither this paragraph nor any provision of this chapter 24 or other law shall be construed to prohibit the department of civil 25 service or the department of personnel of any city containing more than 26 one county from requesting information from applicants for civil service 27 examinations concerning any of the aforementioned characteristics, with 28 the exception of status as a domestic partner other than sexual orien- 29 tation, for the purpose of conducting studies to identify and resolve 30 possible problems in recruitment and testing of members of minority 31 groups to insure the fairest possible and equal opportunities for 32 employment in the civil service for all persons, regardless of age, 33 race, creed, color, national origin, sexual orientation, military 34 status, sex, disability, genetic predisposition or carrier status, [or] 35 marital status or status as a domestic partner. 36 (e) For any employer, labor organization or employment agency to 37 discharge, expel or otherwise discriminate against any person because he 38 or she has opposed any practices forbidden under this article or because 39 he or she has filed a complaint, testified or assisted in any proceeding 40 under this article. 41 (f) Nothing in this subdivision shall affect any restrictions upon the 42 activities of persons licensed by the state liquor authority with 43 respect to persons under twenty-one years of age. 44 (g) For an employer to compel an employee who is pregnant to take a 45 leave of absence, unless the employee is prevented by such pregnancy 46 from performing the activities involved in the job or occupation in a 47 reasonable manner. 48 2-a. It shall be an unlawful discriminatory practice for the owner, 49 lessee, sub-lessee, assignee, or managing agent of publicly-assisted 50 housing accommodations or other person having the right of ownership or 51 possession of or the right to rent or lease such accommodations: 52 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 53 hold from any person or group of persons such housing accommodations 54 because of the race, creed, color, disability, national origin, sexual 55 orientation, military status, age, sex, marital status, [or] familial 56 status or status as a domestic partner of such person or persons, or to S. 3393--A 7 A. 7304--A 1 represent that any housing accommodation or land is not available for 2 inspection, sale, rental or lease when in fact it is so available. 3 (b) To discriminate against any person because of his or her race, 4 creed, color, disability, national origin, sexual orientation, military 5 status, age, sex, marital status, [or] familial status or status as a 6 domestic partner in the terms, conditions or privileges of any public- 7 ly-assisted housing accommodations or in the furnishing of facilities or 8 services in connection therewith. 9 (c) To cause to be made any written or oral inquiry or record concern- 10 ing the race, creed, color, disability, national origin, sexual orien- 11 tation, membership in the reserve armed forces of the United States or 12 in the organized militia of the state, age, sex, marital status, [or] 13 familial status or status as a domestic partner of a person seeking to 14 rent or lease any publicly-assisted housing accommodation; provided, 15 however, that nothing in this subdivision shall prohibit a member of the 16 reserve armed forces of the United States or in the organized militia of 17 the state from voluntarily disclosing such membership. 18 (c-1) To print or circulate or cause to be printed or circulated any 19 statement, advertisement or publication, or to use any form of applica- 20 tion for the purchase, rental or lease of such housing accommodation or 21 to make any record or inquiry in connection with the prospective 22 purchase, rental or lease of such a housing accommodation which 23 expresses, directly or indirectly, any limitation, specification or 24 discrimination as to race, creed, color, national origin, sexual orien- 25 tation, military status, sex, age, disability, marital status, or fami- 26 lial status or status as a domestic partner, or any intent to make any 27 such limitation, specification or discrimination. 28 (d) (1) To refuse to permit, at the expense of the person with a disa- 29 bility, reasonable modifications of existing premises occupied or to be 30 occupied by the said person, if the modifications may be necessary to 31 afford the said person full enjoyment of the premises, in conformity 32 with the provisions of the New York state uniform fire prevention and 33 building code, except that, in the case of a rental, the landlord may, 34 where it is reasonable to do so, condition permission for a modification 35 on the renter's agreeing to restore the interior of the premises to the 36 condition that existed before the modification, reasonable wear and tear 37 excepted. 38 (2) To refuse to make reasonable accommodations in rules, policies, 39 practices, or services, when such accommodations may be necessary to 40 afford a person with a disability equal opportunity to use and enjoy a 41 dwelling or 42 (3) In connection with the design and construction of covered multi- 43 family dwellings for first occupancy after March thirteenth, nineteen 44 hundred ninety-one, a failure to design and construct dwellings in 45 accordance with the accessibility requirements of the New York state 46 uniform fire prevention and building code, to provide that: 47 (i) The public use and common use portions of the dwellings are readi- 48 ly accessible to and usable by disabled persons with disabilities; 49 (ii) All the doors are designed in accordance with the New York state 50 uniform fire prevention and building code to allow passage into and 51 within all premises and are sufficiently wide to allow passage by 52 persons in wheelchairs; and 53 (iii) All premises within covered multi-family dwelling units contain 54 an accessible route into and through the dwelling; light switches, elec- 55 trical outlets, thermostats, and other environmental controls are in 56 accessible locations; there are reinforcements in the bathroom walls to S. 3393--A 8 A. 7304--A 1 allow later installation of grab bars; and there are usable kitchens and 2 bathrooms such that an individual in a wheelchair can maneuver about the 3 space, in conformity with the New York state uniform fire prevention and 4 building code. 5 (e) Nothing in this subdivision shall restrict the consideration of 6 age in the rental of publicly-assisted housing accommodations if the 7 division grants an exemption based on bona fide considerations of public 8 policy for the purpose of providing for the special needs of a partic- 9 ular age group without the intent of prejudicing other age groups. 10 (f) Nothing in this subdivision shall be deemed to restrict the rental 11 of rooms in school or college dormitories to individuals of the same 12 sex. 13 (a) It shall be an unlawful discriminatory practice for the owner, 14 lessee, sub-lessee, assignee, or managing agent of, or other person 15 having the right to sell, rent or lease a housing accommodation, 16 constructed or to be constructed, or any agent or employee thereof: 17 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 18 from any person or group of persons such a housing accommodation because 19 of the race, creed, color, national origin, sexual orientation, military 20 status, sex, age, disability, marital status, [or] familial status or 21 status as a domestic partner of such person or persons, or to represent 22 that any housing accommodation or land is not available for inspection, 23 sale, rental or lease when in fact it is so available. 24 (2) To discriminate against any person because of race, creed, color, 25 national origin, sexual orientation, military status, sex, age, disabil- 26 ity, marital status, [or] familial status or status as a domestic part- 27 ner in the terms, conditions or privileges of the sale, rental or lease 28 of any such housing accommodation or in the furnishing of facilities or 29 services in connection therewith. 30 (3) To print or circulate or cause to be printed or circulated any 31 statement, advertisement or publication, or to use any form of applica- 32 tion for the purchase, rental or lease of such housing accommodation or 33 to make any record or inquiry in connection with the prospective 34 purchase, rental or lease of such a housing accommodation which 35 expresses, directly or indirectly, any limitation, specification or 36 discrimination as to race, creed, color, national origin, sexual orien- 37 tation, military status, sex, age, disability, marital status, [or] 38 familial status or status as a domestic partner, or any intent to make 39 any such limitation, specification or discrimination. 40 The provisions of this paragraph (a) shall not apply (1) to the rental 41 of a housing accommodation in a building which contains housing accommo- 42 dations for not more than two families living independently of each 43 other, if the owner resides in one of such housing accommodations, (2) 44 to the restriction of the rental of all rooms in a housing accommodation 45 to individuals of the same sex or (3) to the rental of a room or rooms 46 in a housing accommodation, if such rental is by the occupant of the 47 housing accommodation or by the owner of the housing accommodation and 48 the owner resides in such housing accommodation or (4) solely with 49 respect to age and familial status to the restriction of the sale, 50 rental or lease of housing accommodations exclusively to persons sixty- 51 two years of age or older and the spouse of any such person, or for 52 housing intended and operated for occupancy by at least one person 53 fifty-five years of age or older per unit. In determining whether hous- 54 ing is intended and operated for occupancy by persons fifty-five years 55 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 56 federal Fair Housing Act of 1988, as amended, shall apply. S. 3393--A 9 A. 7304--A 1 § 5. Section 110 of the domestic relations law, as amended by chapter 2 254 of the laws of 1991, the closing paragraph as added by chapter 522 3 of the laws of 1999, is amended to read as follows: 4 § 110. Who may adopt; effect of article. 1. An adult unmarried person 5 or an adult husband and his adult wife together or two adult persons in 6 a domestic partnership pursuant to article three-B of this chapter 7 together may adopt another person. An adult married person who is living 8 separate and apart from his or her spouse pursuant to a decree or judg- 9 ment of separation or pursuant to a written agreement of separation 10 subscribed by the parties thereto and acknowledged or proved in the form 11 required to entitle a deed to be recorded or an adult married person who 12 has been living separate and apart from his or her spouse for at least 13 three years prior to commencing an adoption proceeding may adopt another 14 person; provided, however, that the person so adopted shall not be 15 deemed the child or step-child of the non-adopting spouse for the 16 purposes of inheritance or support rights or obligations or for any 17 other purposes. An adult or minor husband and his adult or minor wife 18 together may adopt a child of either of them born in or out of wedlock 19 and an adult or minor husband or an adult or minor wife may adopt such a 20 child of the other spouse. No person shall hereafter be adopted except 21 in pursuance of this article, and in conformity with section three 22 hundred seventy-three of the social services law. 23 2. An adult married person who has executed a legally enforceable 24 separation agreement or is a party to a marriage in which a valid decree 25 of separation has been entered or has been living separate and apart 26 from his or her spouse for at least three years prior to commencing an 27 adoption proceeding and who becomes or has been the custodian of a child 28 placed in their care as a result of court ordered foster care may apply 29 to such authorized agency for placement of said child with them for the 30 purpose of adoption. Final determination of the propriety of said 31 adoption of such foster child, however, shall be within the sole 32 discretion of the court, as otherwise provided herein. 33 3. Adoption is the legal proceeding whereby a person takes another 34 person into the relation of child and thereby acquires the rights and 35 incurs the responsibilities of parent in respect of such other person. 36 4. A proceeding conducted in pursuance of this article shall consti- 37 tute a judicial proceeding. An order of adoption or abrogation made 38 therein by a surrogate or by a judge shall have the force and effect of 39 and shall be entitled to all the presumptions attaching to a judgment 40 rendered by a court of general jurisdiction in a common law action. 41 5. An adult person who has executed a legally enforceable termination 42 statement ending a domestic partnership pursuant to article three-B of 43 this chapter and who is or has been the custodian of a child placed in 44 the care of adults in such terminated domestic partnership as a result 45 of court ordered foster care may apply to such authorized agency for 46 placement of such child with him or her for the purpose of adoption. 47 Final determination of the propriety of such adoption of such foster 48 child, however, shall be within the sole discretion of the court, as 49 otherwise provided in this section and this chapter. 50 6. No adoption heretofore lawfully made shall be abrogated by the 51 enactment of this article. All such adoptions shall have the effect of 52 lawful adoptions hereunder. 53 7. Nothing in this article in regard to a minor adopted pursuant here- 54 to inheriting from the adoptive parent applies to any will, devise or 55 trust made or created before June twenty-fifth, eighteen hundred seven- 56 ty-three, nor alters, changes or interferes with such will, devise or S. 3393--A 10 A. 7304--A 1 trust. As to any such will, devise or trust a minor adopted before that 2 date is not an heir so as to alter estates or trusts or devises in wills 3 so made or created. Nothing in this article in regard to an adult 4 adopted pursuant hereto inheriting from the adoptive parent applies to 5 any will, devise or trust made or created before April twenty-second, 6 nineteen hundred fifteen, nor alters, changes or interferes with such 7 will, devise or trust. As to any such will, devise or trust an adult so 8 adopted is not an heir so as to alter estates or trusts or devises in 9 wills so made or created. 10 8. It shall be unlawful to preclude a prospective adoptive parent or 11 parents solely on the basis that the adopter or adopters has had, or has 12 cancer, or any other disease. Nothing herein shall prevent the rejection 13 of a prospective applicant based upon his or her poor health or limited 14 life expectancy. 15 § 6. The estates, powers and trusts law is amended by adding a new 16 section 1-2.21 to read as follows: 17 § 1-2.21 Surviving spouse 18 The term "surviving spouse" shall include a surviving wife, a surviv- 19 ing husband or a surviving domestic partner pursuant to article three-B 20 of the domestic relations law. 21 § 7. Subdivision 4 of section 167 of the civil service law, as amended 22 by chapter 407 of the laws of 1970, is amended to read as follows: 23 4. Upon the retirement, on or after July first, nineteen hundred 24 sixty-five, or death prior to retirement, of a state employee whose 25 salary or compensation at the time of death or retirement is paid 26 directly by the state, who is subject to a plan established by law, 27 rule, regulation, written order or written policy which provides for the 28 regular earning and accumulation of sick leave, and who is eligible to 29 continue coverage under the health insurance plan after retirement or, 30 in the case of an employee who has died prior to retirement, the surviv- 31 ing spouse of such employee who, pursuant to section one hundred sixty- 32 five-a of this article, is eligible to continue coverage under the 33 health insurance plan after such employee's death, the department [of 34 civil service] shall determine, based on the employee's age at the time 35 of retirement or, in the case of an employee who has died prior to 36 retirement, the surviving spouse's age at the time of the employee's 37 death, the actuarial equivalent in monthly installments for the remain- 38 ing life expectancy of such retired employee or surviving spouse of such 39 deceased employee, of the dollar value of the earned and accumulated but 40 unused sick leave standing to his or her credit at the time of retire- 41 ment or in the case of an employee who has died prior to retirement at 42 the time of the employee's death, without interest. Such dollar value 43 shall be based on the employee's salary at the time of retirement or in 44 the case of an employee who has died prior to retirement, at the time of 45 his or her death. In addition to regular employer contributions, 46 contributions in the amount of such monthly installments shall be paid 47 from the state's appropriation to the health insurance fund and applied 48 towards the charges for health insurance on account of such retired 49 employee or spouse of an employee who has died prior to retirement and 50 his or her dependents, to the extent necessary to pay such charges. The 51 remaining amount, if any, necessary to pay such charges shall be 52 contributed by such retired employee or the spouse of an employee who 53 has died prior to retirement. On or after October first, nineteen 54 hundred seventy when such dollar value of such sick leave amounts to 55 less than one hundred dollars for a particular retired employee or the 56 spouse of an employee who has died prior to retirement, in lieu of S. 3393--A 11 A. 7304--A 1 contributions which would otherwise be required from such retired 2 employee or the spouse of an employee who has died prior to retirement, 3 additional contributions shall be paid for the state's appropriation to 4 the health insurance fund and applied towards the charges for health 5 insurance on account of such retired employee or spouse and his or her 6 dependents until the sum of such additional contributions equals such 7 dollar value of such sick leave. The remaining amount, if any, necessary 8 to pay such charges shall be contributed by such retired employee or the 9 spouse of an employee who has died prior to retirement. For the purposes 10 of this subdivision, employees of the state colleges of agriculture, 11 home economics, industrial labor relations, and veterinary medicine, the 12 state agricultural experiment station at Geneva, and any other institu- 13 tion or agency under the management and control of Cornell university as 14 the representative of the board of trustees of the state university of 15 New York, and employees of the state college of ceramics under the 16 management and control of Alfred university as the representative of the 17 board of trustees of the state university of New York, shall be deemed 18 to be state employees whose salaries or compensation is paid directly by 19 the state. For the purposes of this subdivision, the term "spouse" 20 shall also include the domestic partner, as defined in section forty- 21 four of the domestic relations law, of an employee who has died prior to 22 retirement. 23 § 8. Subdivision 5 of section 167 of the civil service law, as amended 24 by chapter 617 of the laws of 1967, is amended to read as follows: 25 5. Subject to such regulations as the president may prescribe, any 26 participating employer may elect to make additional contributions 27 towards charges for health insurance coverage on account of its retired 28 employees or spouses of employees who have died prior to retirement and 29 their dependents, based on the dollar value of their sick leave accumu- 30 lated but unused at the time of retirement or death prior to retirement, 31 respectively. Such election shall apply to employees in the service of 32 the participating employer who retire or, in the case of an employee who 33 has died prior to retirement, his or her spouse on or after the effec- 34 tive date of such election, who are or were subject to a plan estab- 35 lished by law, rule, regulation, written order or written policy which 36 provides for the regular earning and accumulation of sick leave, and who 37 are eligible to continue coverage under the health insurance plan after 38 retirement or, in the case of an employee who has died prior to retire- 39 ment, a spouse who, pursuant to section one hundred sixty-five-a of this 40 article, is eligible to continue coverage under the health insurance 41 plan after such employee's death. The participating employer shall 42 certify to the department [of civil service] the dollar value of earned 43 and accumulated but unused sick leave standing to the credit of an 44 employee at the time of his or her retirement or death prior to retire- 45 ment. Additional contributions shall be paid by such participating 46 employer and applied towards charges for health insurance on account of 47 its retired employees or, in the case of an employee who has died prior 48 to retirement, his or her spouse and their dependents in the same manner 49 as provided in subdivision four of this section with respect to retired 50 state employees and spouses of employees who have died prior to retire- 51 ment and their dependents. For the purposes of this subdivision, the 52 term "spouse" or "spouses" shall also include a domestic partner, as 53 defined in section forty-four of the domestic relations law, of an 54 employee who has died prior to retirement. S. 3393--A 12 A. 7304--A 1 § 9. The first and second undesignated paragraphs of section 165-a of 2 the civil service law are designated subdivisions 1 and 3 and a new 3 subdivision 2 is added to read as follows: 4 2. For the purposes of this section, the term "unremarried spouse" 5 shall also include the domestic partner of a deceased employee of the 6 state or of a participating employer where such employee died prior to 7 retirement. The term "domestic partner" shall mean the same as such 8 term is defined in section forty-four of the domestic relations law. 9 § 10. Section 2805-b of the public health law is amended by adding a 10 new subdivision 6 to read as follows: 11 6. The staff of a general hospital shall inquire whether or not the 12 person admitted wishes to designate a person as a domestic partner who 13 shall have all of the privileges of a next-of-kin respecting visitation 14 and authorization for surgery should the person admitted subsequently 15 become unable to grant such authorization and has given no specific 16 instructions, and becomes unable to execute a health-care proxy or make 17 decisions about his or her health care. Such information shall be list- 18 ed on the admissions form. The staff shall respect the wishes of the 19 person admitted respecting such authorization only to the same extent as 20 they would for a person who is the next-of-kin. Provided, however, noth- 21 ing in this subdivision shall be deemed to grant a domestic partner any 22 greater rights or privileges than those that would be recognized for a 23 next-of-kin. Provided, further, however, nothing in this subdivision 24 shall preclude the use of a health-care proxy or living will or both for 25 such purpose and unless revoked the provisions of such proxy or living 26 will or both shall prevail over any designation made on an admissions 27 form pursuant to this subdivision. 28 § 11. Section 4 of the workers' compensation law, as added by chapter 29 467 of the laws of 2002, is amended to read as follows: 30 § 4. Special applicability; domestic partners; surviving domestic 31 partners; death benefits; funeral expenses; [terrorist attacks of 32 September eleventh, two thousand one;] construction. 1. Definition. 33 "Domestic partner" [means a person at least eighteen years of age who: 34 (a) is dependent upon the employee for support as shown by either 35 unilateral dependence or mutual interdependence, as evidenced by a nexus 36 of factors including, but not limited to, common ownership of real or 37 personal property, common householding, children in common, signs of 38 intent to marry, shared budgeting, and the length of the personal 39 relationship with the employee or, if the employee is deceased, was so 40 dependent upon the employee immediately prior to the employee's death; 41 or 42 (b) has registered as the domestic partner of the employee with any 43 registry of domestic partnerships maintained by the employer of either 44 party, the state, or any county, city, town, or village, or, if the 45 employee is deceased, did so register prior to the employee's death. 46 (c) For the purposes of this section, the definition of domestic part- 47 ner made by this subdivision shall supplement or supersede any incon- 48 sistent definition of such term by any other general, special, or local 49 law, ordinance, code, or charter so that no person qualifying as a 50 domestic partner, as defined in this subdivision, whether registered or 51 unregistered, shall, for the purposes of this section, be deemed not to 52 be a domestic partner. 53 (d) For the purposes of this section, the term "domestic partner" 54 shall include the term "surviving domestic partner". 55 Provided however, "domestic partner" shall not include any person who 56 is related by blood to the employee in a manner that would bar marriage S. 3393--A 13 A. 7304--A 1 to the employee in New York state] shall mean the same as such term is 2 defined in section forty-four of the domestic relations law. 3 2. Death benefits. The domestic partner, at the time of the death, of 4 any employee shall, if such employee had no spouse at the time of his or 5 her death, be deemed to be the surviving spouse of such employee for the 6 purposes of any death benefit, including but not limited to funeral 7 expenses, to which a surviving spouse would be entitled upon the death 8 of such employee, and any and all such benefits shall be paid to such 9 domestic partner. 10 3. [Applicability. The provisions of this section apply only to cases 11 in which the employee's death occurred as a result of the terrorist 12 attacks that occurred on September eleven, two thousand one. 13 4.] Construction. (a) The definition of the term "domestic partner" 14 made by subdivision one of this section shall not be construed to be an 15 exclusive definition. 16 (b) The enactment of this section shall not be construed to divest any 17 court of any authority such court may otherwise have to adjudicate a 18 person a domestic partner on the basis of any criteria other than those 19 specified in subdivision one of this section, whether such person has or 20 has not registered as a domestic partner. 21 § 12. Section 201 of the workers' compensation law is amended by 22 adding a new subdivision 15 to read as follows: 23 15. "Domestic partner" means the same as such term is defined in 24 section forty-four of the domestic relations law. 25 § 13. Subdivision 5 of section 212 of the workers' compensation law, 26 as added by chapter 593 of the laws of 1992, is amended to read as 27 follows: 28 5. A spouse or domestic partner who is an employee of a covered 29 employer shall be deemed to be included in the employer's disability 30 benefits insurance contract or covered by a certificate of self-insu- 31 rance or a plan under section two hundred eleven of this article, unless 32 the employer elects to exclude such spouse or domestic partner from the 33 coverage of this article. Such election shall be made by any such 34 [employer] employer's filing with the insurance carrier, or the chair of 35 the workers' compensation board in the case of self-insurance, upon a 36 form prescribed by the chair, a notice that the employer elects to 37 exclude such spouse or domestic partner named in the notice from the 38 coverage of this article. Such election shall be effective with respect 39 to all policies issued to such employer by such insurance carrier as 40 long as it shall continuously insure the employer. Such election shall 41 be final and binding upon the spouse or domestic partner named in the 42 notice until revoked by the employer. 43 § 14. Section 236 of the workers' compensation law, as amended by 44 chapter 108 of the laws of 1954, is amended to read as follows: 45 § 236. Disposition of accrued benefits upon death. If any benefits due 46 under this article to an employee are unpaid at the time of his or her 47 death, such benefits shall be payable to the estate of the individual 48 or, at the option of the carrier, may be paid to the surviving spouse, 49 domestic partner, parent, child, or children of the deceased employee. 50 Benefits that are not paid as above provided shall, after the expiration 51 of one year after such death, be paid into the special fund for disabil- 52 ity benefits created under section two hundred fourteen of this article. 53 § 15. Section 831 of the labor law, as added by chapter 717 of the 54 laws of 1977, is amended to read as follows: 55 § 831. Nondiscrimination. No person shall on the ground of sex, age, 56 race, color, religion, [or] national origin, marital status or status as S. 3393--A 14 A. 7304--A 1 a domestic partner be excluded from participating in, be denied the 2 benefits of, or be subjected to discrimination under, any program or 3 activity funded in whole or in part with funds made available under this 4 article. 5 § 16. Section 591 of the labor law is amended by adding a new subdivi- 6 sion 6 to read as follows: 7 6. It shall be unlawful to discriminate against an applicant or claim- 8 ant on the basis of such applicant's or claimant's martial status or 9 status as a domestic partner, with regard to determinations of eligibil- 10 ity of benefits under this article. Such unlawful discriminatory prac- 11 tice shall include, but it is not limited to, using marital status as a 12 factor in any decision, policy or practice unless domestic partnerships 13 are used in the same way. For purposes of this article, "domestic part- 14 ner" shall mean the same as such term is defined in section forty-four 15 of the domestic relations law. 16 § 17. The labor law is amended by adding a new section 19 to read as 17 follows: 18 § 19. Sick leave; domestic partners. 1. As used in this section: a. 19 "domestic partner" shall mean the same as such term is defined in 20 section forty-four of the domestic relations law. 21 b. Sick leave does not include any benefit provided under an employee 22 welfare benefit plan subject to the federal Employee Retirement Income 23 Security Act of 1974 and does not include any insurance benefit, work- 24 ers' compensation benefit unemployment compensation disability benefit, 25 or benefit not payable from the employer. 26 c. "Employer" means a state agency, an officer or department, a unit 27 of local government, a school district, an individual, a partnership, an 28 association, a corporation or a nonprofit organization, which employs 29 fifty or more employees in the state of New York. 30 2. Any employee who has been granted a leave of absence pursuant to 31 the provisions of the federal family and medical leave act shall be 32 entitled to utilize any of such employee's accrued and available sick 33 leave for such leave. Such leave may be taken in either full day or 34 partial day increments. 35 3. Any employee working for an employer with fifty or more employees 36 which provides sick leave for is employees, shall be entitled to utilize 37 such employee's accrued and available sick leave to provide care to 38 immediate family, household members or domestic partners in those 39 medical situations not covered by the federal family and medical leave 40 act. Such leave may be taken in either full day or partial day incre- 41 ments. 42 4. Except as otherwise provided pursuant to a valid collective 43 bargaining agreement, an employer who provides sick leave for employees 44 shall permit an employee to use in any calendar year, such employee's 45 accrued and available sick leave pursuant to this section. 46 § 18. Nothing in section seventeen of this act shall be construed to 47 impede, infringe or diminish the rights and benefits which accrue to 48 employees through bona fide collective bargaining agreements, or other- 49 wise diminish the integrity of existing collective bargaining agreements 50 and other past practices. 51 § 19. Section 2 of the tax law is amended by adding a new subdivision 52 7 to read as follows: 53 7. "Spouse" means a wife, husband or domestic partner pursuant to 54 article three-B of the domestic relations law. 55 § 20. If any provision of this act or the application of such 56 provision to any persons or circumstances shall be held invalid, the S. 3393--A 15 A. 7304--A 1 validity of the remainder of this act and the applicability of such 2 provisions to other persons or circumstances shall not be affected 3 thereby. 4 § 21. This act shall take effect on the one hundred twentieth day 5 after it shall have become a law; provided, however: 6 (a) any rules or regulations necessary for the timely implementation 7 of the provisions of this act on its effective date shall be promulgated 8 on or before such date; 9 (b) sections seven, eight and nine of this act shall apply only to 10 spouses and domestic partners of employees who die on or after the 11 effective date of this act; 12 (c) nothing contained in this act shall operate to impair any existing 13 contract, including, but not limited to, any disability benefits insur- 14 ance contracts nor shall this act supersede any collective bargaining 15 agreement, during its term, in existence on the effective date of this 16 act; and 17 (d) section nineteen of this act shall apply to taxable years begin- 18 ning on or after the first of January next succeeding the date on which 19 this act shall have become a law. 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