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New YorkS 83732025-2026 Regular SessionSenate

Relates to the computation and allocation of the commissions of trustees of charitable trusts; repealer

Sponsored By: Brad Hoylman-Sigal (Democratic)

Signed by Governor

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Lower trustee fees for charitable trusts

These rules cover trusts used solely for public, religious, charitable, scientific, literary, educational, or fraternal purposes. Under SCPA sections 2308 and 2309, annual fees are capped at 80% of the listed rates. For principal above $20 million, only the excess portion gets a 50% cap on the listed paragraph (c) rate. Corporate trustees follow the annual fee rules in SCPA section 2312; no trustee can charge for paying out principal. These rules also cover qualifying trusts that continue after a person's lifetime right to use the trust ends.

Saved trust income can carry fees

A will can allow or require a trustee to save income for a lawful purpose. If that income is not added to principal, it counts as a separate trust for fee calculations. The trustee can charge fees as though the saved income were principal, using SCPA section 2308's applicable rules.

Existing trusts get temporary fee rule choice

The law takes effect 60 days after becoming law and covers all trusts existing on or after that date. Trustees of trusts already existing on the effective date can choose to keep using the old fee rules. That choice lasts through December 31 of the year the law takes effect.

Trust fees shift between income and assets

Unless the will or lifetime trust document says otherwise, trustee fees come one-third from income and two-thirds from principal. This allocation applies under SCPA sections 2308 and 2309. For trusts with income defined by EPTL section 11-2.4, fees come from principal after annuity or unitrust amounts are allowed. The special rule also covers charitable remainder annuity and unitrusts under SCPA section 2309. Fees cannot come from those annuity or unitrust amounts.

Sponsors & Cosponsors

Sponsor

  • Brad Hoylman-Sigal

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 215 • No: 9

House vote • 6/16/2025

Assembly floor vote

Yes: 144 • No: 0

Senate vote • 6/11/2025

FLOOR Vote

Yes: 52 • No: 7

committee vote • 6/9/2025

Rules Committee Vote

Yes: 19 • No: 2

Actions Timeline

  1. SIGNED CHAP.570

    11/21/2025Senate

  2. DELIVERED TO GOVERNOR

    11/17/2025Senate

  3. RETURNED TO SENATE

    6/16/2025House

  4. PASSED ASSEMBLY

    6/16/2025House

  5. ORDERED TO THIRD READING RULES CAL.824

    6/16/2025House

  6. SUBSTITUTED FOR A8300

    6/16/2025House

  7. REFERRED TO JUDICIARY

    6/11/2025House

  8. DELIVERED TO ASSEMBLY

    6/11/2025Senate

  9. PASSED SENATE

    6/11/2025Senate

  10. ORDERED TO THIRD READING CAL.1672

    6/9/2025Senate

  11. REFERRED TO RULES

    6/5/2025Senate

Bill Text

  • Original

    6/5/2025

    PDF

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