NY State Senate Bill 2025-S3277

Senate Bill S3277

2025-2026 Legislative Session

Establishes a process for designating transfer-on-death beneficiaries for farming implements

download bill text pdf

Current Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2025	referred to agriculture

2025-S3277 (ACTIVE) - Details

See Assembly Version of this Bill:: A6011
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Ren Art 30 §§550 - 555 to be Art 50 §§1000 - 1005, add Art 30 §§560 - 561, Ag & Mkts L
Versions Introduced in 2023-2024 Legislative Session:: S8425, A10433

2025-S3277 (ACTIVE) - Summary

Establishes a process for designating transfer-on-death beneficiaries for farming implements involving filing a document with the commissioner of agriculture and markets.

2025-S3277 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3277

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To establish a process called 'transfer-on-death beneficiaries' for
transferral of farm implements upon the owner's death.

 
SUMMARY OF PROVISIONS:

Section 1: Article 30 and several sections (550 to 555) of the agricul-
ture and markets law are renumbered as Article 50 and sections 1000 to
1005, respectively.

Section 2: Adds a new Article 30, 'Transfer-on-Death of Farming Imple-
ments.' Introduces the concept of a 'Transfer-on-death beneficiary,' a

person designated to receive farm implements upon the owner's death.
Specifies the process for designating a 'transfer-on-death beneficiary,'
including the required document filing with the commissioner.

Section 3: Sets Effective date.

 
JUSTIFICATION:

This bill ensures a smoother transition of ownership of farm implements,
simplifies administrative tasks, and reduces the need for potentially
timely and costly probate.

 
LEGISLATIVE HISTORY:

Senate

2023: N/A

2024: S8425, Advanced to Third Reading

Assembly

2023: N/A

2024: A10433, Referred to Agriculture

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2025-S3277 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3277
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04764-01-5

 S. 3277                             2
 
 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
 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.
 S. 3277                             3
 
   (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.
   (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.

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