S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8425
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing  a process for designating transfer-on-death beneficiaries for
   farming implements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 30 and sections 550, 551, 552, 553, 554, and 555 of
 the  agriculture  and  markets  law, as renumbered by chapter 524 of the
 laws of 2014, are renumbered article 50 and sections 1000,  1001,  1002,
 1003, 1004, and 1005, respectively.
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 30 to read as follows:
                                ARTICLE 30
                  TRANSFER-ON-DEATH OF FARMING IMPLEMENTS
 SECTION 560. DEFINITIONS.
         561. TRANSFER-ON-DEATH BENEFICIARY; FARM IMPLEMENTS.
   § 560. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "FARM IMPLEMENT" MEANS A TRACTOR OR MACHINE, INCLUDING ANY  ASSOCI-
 ATED  ACCESSORIES, ATTACHMENTS, FUEL, AND REPAIR PARTS, USED EXCLUSIVELY
 AND DIRECTLY IN FARMING INCLUDING, BUT NOT  LIMITED  TO,  IMPLEMENTS  OF
 HUSBANDRY,  FARM TYPE TRACTORS AND ALL TERRAIN TYPE VEHICLES USED EXCLU-
 SIVELY FOR AGRICULTURAL OR MOWING PURPOSES, OR FOR SNOW  PLOWING,  OTHER
 THAN  FOR  HIRE,  FARM  EQUIPMENT,  INCLUDING  SELF-PROPELLED  MACHINES,
 INCLUDING CATERPILLAR OR CRAWLER-TYPE  EQUIPMENT,  USED  EXCLUSIVELY  IN
 GROWING,  HARVESTING  OR  HANDLING  FARM  PRODUCE, AND TIMBER HARVESTING
 EQUIPMENT SUCH AS HARVESTERS, WOOD CHIPPERS, FORWARDERS,  LOG  SKIDDERS,
 AND  OTHER  PROCESSING EQUIPMENT USED EXCLUSIVELY OFF HIGHWAY FOR TIMBER
 HARVESTING AND LOGGING PURPOSES.  "FARM  IMPLEMENT"  SHALL  NOT  INCLUDE
 PERSONAL  PROPERTY  THAT  IS  ATTACHED TO, FASTENED TO, CONNECTED TO, OR
 BUILT INTO REAL PROPERTY OR THAT BECOMES AN ADDITION TO,  COMPONENT  OF,
 OR  CAPITAL IMPROVEMENT TO REAL PROPERTY, AND DOES NOT INCLUDE BUILDINGS
 OR IMPROVEMENTS TO REAL PROPERTY, REGARDLESS OF  ANY  CONTRIBUTION  THAT
 THE PERSONAL PROPERTY MAKES TO THE PRODUCTION PROCESS OF ANY MACHINE AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13221-01-3
 S. 8425                             2
 
 REGARDLESS  OF THE EXTENT TO WHICH THAT PERSONAL PROPERTY FUNCTIONS AS A
 MACHINE EXCEPT THAT THE FOLLOWING SHALL BE  CONSIDERED  FARM  IMPLEMENTS
 REGARDLESS OF THE EXTENT TO WHICH THEY ARE FASTENED TO, CONNECTED TO, OR
 BUILT INTO REAL PROPERTY:
   (A) AUXILIARY POWER GENERATORS.
   (B) BALE LOADERS.
   (C) BARN ELEVATORS.
   (D) CONVEYORS.
   (E) FEED ELEVATORS AND AUGERS.
   (F) GRAIN DRYERS AND GRINDERS.
   (G) MILK COOLERS.
   (H) MILKING MACHINES, INCLUDING PIPING, PIPELINE WASHERS, AND COMPRES-
 SORS.
   (I) SILO UNLOADERS.
   (J)   POWERED   FEEDERS,   BUT  NOT  INCLUDING  PLATFORMS  OR  TROUGHS
 CONSTRUCTED FROM ORDINARY BUILDING MATERIALS.
   2. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST,  ESTATE,
 TRUST,   PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,  JOINT
 VENTURE, GOVERNMENT, GOVERNMENT SUBDIVISION, AGENCY OR  INSTRUMENTALITY,
 PUBLIC CORPORATION, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
   3.  "TRANSFER-ON-DEATH  BENEFICIARY"  MEANS  A  PERSON DESIGNATED AS A
 BENEFICIARY ON A DOCUMENT FILED WITH THE COMMISSIONER UNDER  THIS  ARTI-
 CLE.
   § 561. TRANSFER-ON-DEATH BENEFICIARY; FARM IMPLEMENTS. 1. ANY INTEREST
 IN  A  FARM IMPLEMENT MAY BE TRANSFERRED WITHOUT PROBATE TO A DESIGNATED
 TRANSFER-ON-DEATH BENEFICIARY AS PROVIDED IN THIS SECTION ON  THE  DEATH
 OF THE SOLE OWNER OR THE LAST TO DIE OF MULTIPLE OWNERS.
   2. (A) A TRANSFER-ON-DEATH BENEFICIARY MAY BE DESIGNATED USING A DOCU-
 MENT FILED WITH THE COMMISSIONER THAT INCLUDES:
   (I)  THE  NAME OF THE OWNER OR OWNERS OF THE INTEREST IN A FARM IMPLE-
 MENT THAT WILL BE TRANSFERRED.
   (II) THE NAME OF THE DESIGNATED TRANSFER-ON-DEATH BENEFICIARY.
   (III) A STATEMENT INDICATING THAT THE TRANSFER IS EFFECTIVE ONLY  UPON
 THE DEATH OF THE OWNER OR OWNERS.
   (IV)  IF THE INTEREST THAT WILL BE TRANSFERRED IS AN INTEREST IN PROP-
 ERTY OWNED BY A SPOUSE AS  MARITAL  PROPERTY,  THE  SIGNATURES  OF  BOTH
 SPOUSES WHO HAVE AN INTEREST IN THE MARITAL PROPERTY.
   (B)  THE DESIGNATION OF A TRANSFER-ON-DEATH BENEFICIARY MAY BE MADE BY
 USE OF THE WORDS "TRANSFER-ON-DEATH" AFTER THE  NAME  OF  THE  OWNER  OR
 OWNERS  OF  THE  PROPERTY  AND  BEFORE THE NAME OF THE TRANSFER-ON-DEATH
 BENEFICIARY OR BENEFICIARIES. THE OWNER OR OWNERS MAY DESIGNATE  ONE  OR
 MORE  PERSONS  AS A PRIMARY TRANSFER-ON-DEATH BENEFICIARY AND MAY DESIG-
 NATE ONE OR MORE PERSONS AS A CONTINGENT  TRANSFER-ON-DEATH  BENEFICIARY
 IF  A  PRIMARY  TRANSFER-ON-DEATH  BENEFICIARY DOES NOT SURVIVE THE SOLE
 OWNER OR THE LAST TO DIE OF MULTIPLE  OWNERS.  THE  DESIGNATION  MAY  BE
 INCLUDED  ON  THE ORIGINAL DOCUMENT THAT PASSES THE PROPERTY INTEREST TO
 THE OWNER OR OWNERS OR MAY BE MADE AT A LATER TIME BY THE SOLE OWNER  OR
 ALL  THEN SURVIVING OWNERS BY EXECUTING ANOTHER DOCUMENT THAT DESIGNATES
 A TRANSFER-ON-DEATH BENEFICIARY.
   (C) A DOCUMENT DESIGNATING A TRANSFER-ON-DEATH BENEFICIARY FILED  WITH
 THE COMMISSIONER UNDER THIS SECTION SHALL:
   (I) BE IN WRITING.
   (II)  BE  SIGNED BY ALL OWNERS. IF AN OWNER IS UNABLE TO SIGN, ANOTHER
 PERSON MAY SIGN FOR THE OWNER WITH THE OWNER'S CONSENT.
 S. 8425                             3
 
   (III) BE SIGNED BY AT LEAST TWO WITNESSES, AT LEAST ONE OF WHOM  IS  A
 DISINTERESTED WITNESS, EITHER TOGETHER OR AT DIFFERENT TIMES, WHO SIGNED
 WITHIN A REASONABLE TIME AFTER:
   (A)  THE SIGNING OF THE DOCUMENT DESIGNATING A TRANSFER-ON-DEATH BENE-
 FICIARY, IN THE PRESENCE OF THE WITNESS.
   (B) THE OWNER'S IMPLICIT OR EXPLICIT  ACKNOWLEDGMENT  OF  THE  OWNER'S
 SIGNATURE  ON  THE DOCUMENT DESIGNATING A TRANSFER-ON-DEATH BENEFICIARY,
 IN THE PRESENCE OF THE WITNESS.
   (C) THE OWNER'S IMPLICIT OR EXPLICIT ACKNOWLEDGMENT  OF  THE  DOCUMENT
 DESIGNATING  A  TRANSFER-ON-DEATH  BENEFICIARY,  IN  THE PRESENCE OF THE
 WITNESS.
   (D) IF THERE ARE MULTIPLE OWNERS, A  WITNESS  MAY  BE  A  WITNESS  FOR
 MULTIPLE OWNERS.
   (D) ANY PERSON WHO, AT THE TIME OF EXECUTION OF THE DOCUMENT DESIGNAT-
 ING  A TRANSFER-ON-DEATH BENEFICIARY, WOULD BE COMPETENT TO TESTIFY AS A
 WITNESS IN COURT TO THE FACTS RELATING TO EXECUTION MAY ACT AS A WITNESS
 TO THE DOCUMENT DESIGNATING A TRANSFER-ON-DEATH BENEFICIARY.  SUBSEQUENT
 INCOMPETENCY  OF  A  WITNESS  IS NOT A GROUND FOR DENYING OR VOIDING THE
 TRANSFER-ON-DEATH BENEFICIARY DESIGNATION IF THE EXECUTION OF THE  DOCU-
 MENT  DESIGNATING A TRANSFER-ON-DEATH BENEFICIARY IS OTHERWISE SATISFAC-
 TORILY PROVED.
   3. THE DESIGNATION OF A TRANSFER-ON-DEATH BENEFICIARY  ON  A  DOCUMENT
 FILED  WITH  THE  COMMISSIONER DOES NOT AFFECT OWNERSHIP OF THE PROPERTY
 UNTIL THE DEATH OF THE SOLE OWNER OR THE LAST TO DIE OF MULTIPLE  OWNERS
 REGARDLESS  OF  WHETHER THE DOCUMENT PROVIDES OTHERWISE. THE DESIGNATION
 MAY BE CANCELED OR CHANGED AT ANY TIME BY THE SOLE  OWNER  OR  ALL  THEN
 SURVIVING OWNERS, WITHOUT THE CONSENT OF THE TRANSFER-ON-DEATH BENEFICI-
 ARY,  BY  EXECUTING  ANOTHER DOCUMENT THAT DESIGNATES A DIFFERENT TRANS-
 FER-ON-DEATH BENEFICIARY OR NO BENEFICIARY AND FILING SUCH DOCUMENT WITH
 THE COMMISSIONER. THE EXECUTION AND FILING OF A DOCUMENT THAT DESIGNATES
 A TRANSFER-ON-DEATH BENEFICIARY OR NO  BENEFICIARY  REVOKES  ANY  DESIG-
 NATION  MADE IN A PREVIOUSLY EXECUTED AND FILED DOCUMENT RELATING TO THE
 SAME PROPERTY INTEREST.
   4. ON THE DEATH OF THE SOLE OWNER OR  THE  LAST  TO  DIE  OF  MULTIPLE
 OWNERS,  OWNERSHIP OF THE INTEREST IN THE FARM IMPLEMENT PASSES, SUBJECT
 TO ANY LIEN OR ENCUMBRANCE AGAINST THE FARM IMPLEMENT, TO THE DESIGNATED
 TRANSFER-ON-DEATH BENEFICIARY OR BENEFICIARIES WHO  SURVIVE  ALL  OWNERS
 OR, IF NO BENEFICIARY SURVIVES THE DEATH OF THE OWNER OR THE LAST TO DIE
 OF ALL MULTIPLE OWNERS WITH RIGHT OF SURVIVORSHIP, THEN SUCH INTEREST IN
 THE  FARM  IMPLEMENT  BELONGS TO THE ESTATE OF THE DECEASED OWNER OR THE
 LAST TO DIE OF ALL MULTIPLE OWNERS WITH RIGHT OF SURVIVORSHIP.
   5. A DESIGNATION OF A  TRANSFER-ON-DEATH  BENEFICIARY  ON  A  DOCUMENT
 FILED  WITH  THE  COMMISSIONER  SHALL  NOT  BE CONSIDERED A TESTAMENTARY
 DISPOSITION.
   6. A WILL SHALL NOT REVOKE OR SUPERSEDE A DESIGNATION OF  A  TRANSFER-
 ON-DEATH  BENEFICIARY ON A DOCUMENT FILED WITH THE COMMISSIONER, REGARD-
 LESS OF WHEN THE WILL WAS MADE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.