Legislative Successes

August 13 proved to be a day of milestones in New York as the Governor signed legislation into law making New York the last state in the country to enact no-fault divorce and the first state to allow victims of sex trafficking to vacate their prostitution convictions. The no-fault divorce legislation (A.9753-A/S.3890-A) was passed as part of a divorce reform package which included bills which would: 1- revise the way in which temporary maintenance rewards are set while a divorce is pending by creating a list of factors and formulas that would be used in setting such awards; and 2- provide for the payment of all counsel and expert fees in matrimonial actions by the more monied party. The City Bar has long supported no-fault divorce legislation, arguing that the charade of forcing people to cast blame on their spouse in order to end a marriage that is already irretrievably broken only further erodes the public’s confidence and respect for the legal system. The City Bar also supported legislation that would allow certain individuals to vacate their convictions for prostitution-related offenses that resulted from their coerced involvement in the sex trades. Victims of sex trafficking often face difficulties when applying for jobs or housing due to prostitution convictions that appear on their record. This legislation will build upon New York State’s Anti-Trafficking Law, which provides victims of sex trafficking with assistance and social services to facilitate their reintegration into society and will allow them to get the fresh start they deserve.

Other City Bar supported bills which were enacted by the Governor are:

• A.8524 / S.3868-A - This legislation was supported by the Council on Children and would allow the Family Court, in certain situations, to restore a birth parent's parental rights after they have been terminated. The new law will provide the courts with a clear and measure approach to give children and parents an opportunity to renew their relationship.
• A.9857-C / S.8056 - Supported by the Trusts, Estates and Surrogate's Courts Committee and the Estate and Gift Taxation Committee, this legislation would amend the estates, powers and trusts law in relation to certain formula clauses to be construed to refer to the federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009 and before January 1, 2011.

For a full list of City Bar supported bills signed into law by the Governor, please see the September 7th, 2010 edition of the 44th Street Notes.