New York A 8300: Relates to the computation and allocation of the commissions of trustees of charitable trusts; repealer

Status: SUBSTITUTED BY S8373 (as of 2025-06-16)

State: New York · Session: 2025-2026 · Bill: A 8300

Sponsors: Karen McMahon

Bill Text

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A08300 Summary:

BILL NOA08300 

&nbsp

SAME ASSAME AS S08373

&nbsp

SPONSORMcMahon

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§2308, 2309 & 2312, rpld §2308 sub 6 ¶(c), SCPA

&nbsp

Relates to the computation and allocation of the commissions of trustees of charitable trusts.

Go to top A08300 Actions:

BILL NOA08300 

&nbsp

05/12/2025referred to judiciary

06/15/2025reference changed to ways and means

06/16/2025reported referred to rules

06/16/2025reported 

06/16/2025rules report cal.824

06/16/2025ordered to third reading rules cal.824

06/16/2025substituted by s8373

&nbspS08373 AMEND= HOYLMAN-SIGAL

&nbsp06/05/2025REFERRED TO RULES

&nbsp06/09/2025ORDERED TO THIRD READING CAL.1672

&nbsp06/11/2025PASSED SENATE

&nbsp06/11/2025DELIVERED TO ASSEMBLY

&nbsp06/11/2025referred to judiciary

&nbsp06/16/2025substituted for a8300

&nbsp06/16/2025ordered to third reading rules cal.824

&nbsp06/16/2025passed assembly

&nbsp06/16/2025returned to senate

&nbsp11/17/2025DELIVERED TO GOVERNOR

&nbsp11/21/2025SIGNED CHAP.570

Go to topA08300 Committee&nbspVotes:

Committee:WAYS AND MEANS Chair:Pretlow 
DATE:06/16/2025AYE/NAY:32/0 Action: Favorable refer to committee Rules PretlowAyeRaAye

GlickAyeFitzpatrickAye

ColtonAyeHawleyAye

CookAyeBlankenbushAye

BenedettoAyePalmesanoAye

WeprinAyeWalshAye

RamosAbsentDeStefanoAye

BraunsteinAyeManktelowAye

McDonaldAyeSmullenAye

RozicExcusedGiglioAye

DinowitzAye

MagnarelliAye

BronsonAye

DilanAye

SeawrightAye

HyndmanAye

WalkerAye

Bichotte HermelAye

SimonAye

CruzAye

OtisAye

SolagesAye

HunterAye

EpsteinAye

SeptimoAbsent

Committee:RULES Chair:Glick 
DATE:06/16/2025AYE/NAY:29/0 Action: Favorable HeastieExcusedBarclayAye

PretlowAyeHawleyAye

CookAyeBlankenbushAye

GlickAyeRaAye

DinowitzAyeBrabenecAye

ColtonAyePalmesanoAye

MagnarelliAyeReillyAye

PaulinAyeSmithAye

Peoples-StokesAyeJensenAye

BenedettoAye

LavineAye

LupardoAye

BraunsteinAye

DavilaAye

HyndmanAye

RozicExcused

BronsonAye

HevesiAye

HunterAye

TaylorAye

CruzAye

VanelAye

Go to topA08300 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08300 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8300

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 12, 2025
 ___________

 Introduced by M. of A. McMAHON -- (at request of the Unified Court
 System) -- read once and referred 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:

 1 Section 1. Subdivision 3 of section 2308 of the surrogate's court
 2 procedure act, as amended by chapter 601 of the laws of 2019, is amended
 3 to read as follows:
 4 3. Unless the will or lifetime trust instrument otherwise explicitly
 5 provides, the annual commissions allowed by [subdivision two of] this
 6 section shall be payable one-third from the income of the trust [or of
 7 the property subject to the power in trust] and two-thirds from the
 8 principal of the trust [or from the property subject to the power in
 9 trust]. However, in the case of a trust whose definition of income is
 10 governed by section 11-2.4 of the estates, powers and trusts law, such
 11 annual commissions shall be payable from the corpus of any such trust
 12 after allowance for the annuity or unitrust [amount] amounts and shall
 13 not be payable out of such annuity or unitrust amount and shall not be
 14 payable out of such unitrust amount.
 15 § 2. Paragraphs (a) and (b) of subdivision 5 of section 2308 of the
 16 surrogate's court procedure act, as amended by chapter 601 of the laws
 17 of 2019, are amended to read as follows:
 18 (a) During the continuance of a trust created solely for public, reli-
 19 gious, charitable, scientific, literary, educational or fraternal uses
 20 and during the period of continuance of such a trust established after
 21 the termination of a life use or uses the trustee shall be entitled to
 22 and may retain annual commissions [from income in an amount

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