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
Bill Search and Legislative Information | New York State Assembly • • • • • • • • 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. - This bill is not active in this session. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript A08300 Summary: BILL NOA08300   SAME ASSAME AS S08373   SPONSORMcMahon   COSPNSR   MLTSPNSR   Amd §§2308, 2309 & 2312, rpld §2308 sub 6 ¶(c), SCPA   Relates to the computation and allocation of the commissions of trustees of charitable trusts. Go to top A08300 Actions: BILL NOA08300   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  S08373 AMEND= HOYLMAN-SIGAL  06/05/2025REFERRED TO RULES  06/09/2025ORDERED TO THIRD READING CAL.1672  06/11/2025PASSED SENATE  06/11/2025DELIVERED TO ASSEMBLY  06/11/2025referred to judiciary  06/16/2025substituted for a8300  06/16/2025ordered to third reading rules cal.824  06/16/2025passed assembly  06/16/2025returned to senate  11/17/2025DELIVERED TO GOVERNOR  11/21/2025SIGNED CHAP.570 Go to topA08300 Committee Votes: 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 Votes: 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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