NY State Senate Bill 2017-S7992

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	signed chap.494
Dec 18, 2018	delivered to governor
Jun 18, 2018	returned to senate passed assembly ordered to third reading rules cal.236 substituted for a11016
Jun 11, 2018	referred to ways and means delivered to assembly passed senate
Jun 04, 2018	advanced to third reading
May 31, 2018	2nd report cal.
May 30, 2018	1st report cal.1375
May 09, 2018	reported and committed to finance
Mar 16, 2018	referred to crime victims, crime and correction

Votes

- Jun 11, 2018 - Floor Vote
  S7992
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Croci
      
      Sepúlveda
  May 30, 2018 - Finance Committee Vote
  S7992
  
  37
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 30, 2018
      
      aye (37)
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Felder
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Parker
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
  May 9, 2018 - Crime Victims, Crime And Correction Committee Vote
  S7992
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 9, 2018
      
      aye (13)
      
      Akshar
      
      Bailey
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Helming
      
      Hoylman-Sigal
      
      Little
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Sepúlveda
      
      Tedisco

2017-S7992 (ACTIVE) - Details

See Assembly Version of this Bill:: A11016
Law Section:: Executive Law
Laws Affected:: Amd §§630, 631 & 634, Exec L; amd §103, SCPA

2017-S7992 (ACTIVE) - Summary

Relates to the award of burial expenses by the office of victim services; permits emergency awards for burial expenses in cases of undue hardship.

2017-S7992 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7992

SPONSOR: GALLIVAN
 
TITLE OF BILL:  An act to amend the executive law and the surrogate's
court procedure act, in relation to burial expenses

 
PURPOSE OF THE BILL:

The purpose of this measure is to ensure appropriate burial expenses are
reimbursed and to increase the total emergency awards (EAs) available
for burial expenses.

 
SUMMARY OF PROVISIONS:

Section one of this measure would amend subdivision (2) of section 630
of the Executive Law, deleting unused language and providing for emer-
gency awards in an amount not to exceed $3,000 for reasonable burial
expenses.

Section two would amend subdivision (2) of section 631 of the Executive
Law, making clarification to an award for burial expenses.

Section three would add a new paragraph (g) to subdivision (5) of
section 631 of the Executive Law, to provide that in the case of a claim
based on the death of a victim, the Office could reduce any resulting
award to no more than 50% for the victim's contributing conduct.

Section four would add a new subdivision (2-a) to section 634 of the
Executive Law, to provide how the Office would reduce the state's lien
when recovery is obtained from an estate.

Section five would amend subdivision (22) of section 103 of the Surro-
gate's Court Procedure Act to include awards made by the office of
victim services ("OVS") for burial expenses in the definition of funeral
expenses. Section six would provide an effective date one hundred and
eighty days after it becomes law.

 
JUSTIFICATION:

EAs for burial expenses may be made by OVS prior to a full investigation
of a claim and under certain circumstances, up to a capped amount of
$2,500. Additionally, an award up to $6,000, may be made to anybody who
pays for a victim's burial expense. However, because of OVS' statutory
requirements, such an award may be reduced or denied in its entirety
based on the victim's contributing conduct.  This could put family
members, loved ones, or simply Good Samaritans at risk of being denied
reimbursement by OVS for burial expenses because of the misdeeds of a
deceased victim.

These changes would increase the amount available for an EA for burial
and at the same time eliminate the chance a claimant would be entirely
denied reimbursement based on the victim's contributing conduct. By
capping the-reduction for conduct contributing to no more than 50%,
these changes would also eliminate the need for OVS to recoup any EA
amount, based on a later determination that the victim contributed to
his or her demise.

Additionally, section 631 of the Executive Law permits OVS to make
awards not exceeding $6,000 for the burial expenses of a victim who has
died as a direct result of a crime. Still, OVS has been limited in its
ability to make new awards for burial expenses based on old crimes. The
history of both the law and related regulations direct that the Office
make awards related to burial expenses at the time the crime occurred. A
person who was a victim of a crime committed against them decades ago
may have just expired due to their crime-related injuries. The burial
expenses for such a victim would be at present-day cost, not the cost
decades ago when the crime occurred. Accordingly, this change is neces-
sary to protect the interests of new claimants.

Lastly, neither the provisions of Article 22 of the Executive Law nor
the SCPA permit the agency to be considered a funeral creditor. If a
claimant is not a beneficiary to such estate, the OVS has no legal abil-
ity to recover funds from the estate itself. OVS routinely receives
inquiries from fiduciaries about their legal obligation to repay the
agency from an estate, but they must be informed that no such obligation
exists. This measure is meant to address this statutory shortcoming. It
both provides the necessary statutory authority in Article 22 of the
Executive Law for the OVS to do so, and it makes minor changes to the
SCPA so fiduciaries are on notice that OVS is to be considered a funeral
creditor.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

This measure would likely create revenue for the agency, or at the very
least be cost neutral. It can be expected that any potential increase in
compensation costs would be offset by an increase in recoupment from
estates, resulting in recoveries in excess of $130,000 per year.

 
EFFECTIVE DATE:
This act shall take effect on the one-hundred eightieth day after it
shall have become law and apply to all claims filed on or after such
effective date.

2017-S7992 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7992
 
                             I N  S E N A T E
 
                              March 16, 2018
                                ___________
 
 Introduced  by  Sen.  GALLIVAN  --  (at  request of the Office of Victim
   Services) -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Crime Victims, Crime and Correction
 
 AN  ACT  to  amend the executive law and the surrogate's court procedure
   act, in relation to burial expenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  630 of the executive law, as
 amended by section 21 of part A1 of chapter 56 of the laws of  2010,  is
 amended to read as follows:
   2. Notwithstanding the provisions of [section six hundred twenty-seven
 of this article, local crime victim service programs shall be authorized
 to  provide  emergency  awards  to  crime victims for essential personal
 property, medical treatment, shelter  costs,  security  services,  coun-
 seling  and transportation the total amount of such emergency awards not
 to exceed five hundred dollars. These programs shall  be  reimbursed  by
 the  office, pursuant to the provisions of this article, if it is subse-
 quently determined that the victim is an eligible claimant. Local  crime
 victim  service  programs  shall  be  authorized  to  establish  special
 accounts for this purpose. The office shall initiate a program to assist
 local crime victim service programs in establishing special accounts  to
 provide  emergency  awards, within amounts designated for that purpose.]
 SUBDIVISION ONE OF THIS SECTION, IF THE CRIME UPON WHICH  THE  CLAIM  IS
 BASED  RESULTED IN THE DEATH OF THE VICTIM, AND IT APPEARS TO THE OFFICE
 THAT SUCH CLAIM IS ONE WITH RESPECT TO WHICH AN AWARD PROBABLY  WILL  BE
 MADE,  AND  UNDUE  HARDSHIP  WILL  RESULT  TO  THE CLAIMANT IF IMMEDIATE
 PAYMENT IS NOT MADE, THE OFFICE MAY MAKE ONE OR MORE EMERGENCY AWARDS TO
 THE CLAIMANT FOR REASONABLE BURIAL EXPENSES PENDING A FINAL DECISION  OF
 THE  OFFICE  OR PAYMENT OF AN AWARD IN THE CASE; PROVIDED, HOWEVER, THAT
 THE TOTAL AMOUNT OF AN EMERGENCY AWARD OR AWARDS FOR  REASONABLE  BURIAL
 EXPENSES  SHALL  NOT  EXCEED  THREE THOUSAND DOLLARS. THE AMOUNT OF SUCH
 EMERGENCY AWARD OR AWARDS SHALL BE DEDUCTED FROM ANY FINAL AWARD MADE TO
 THE CLAIMANT, AND THE EXCESS OF THE AMOUNT OF ANY SUCH AWARD  OR  AWARDS
 OVER  THE  AMOUNT OF THE FINAL AWARD, OF THE FULL AMOUNT OF AN EMERGENCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14379-02-8

 S. 7992                             2
 
 AWARD OR AWARDS IF NO FINAL AWARD IS MADE, SHALL BE REPAID BY THE CLAIM-
 ANT TO THE OFFICE.
   §  2. Subdivision 2 of section 631 of the executive law, as amended by
 section 3 of part H of chapter 55 of the laws of  2017,  is  amended  to
 read as follows:
   2.  Any  award made pursuant to this article shall be in an amount not
 exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
 incurred  for  medical  or  other  services necessary as a result of the
 injury upon which the claim  is  based;  loss  of  earnings  or  support
 resulting  from  such injury not to exceed thirty thousand dollars; loss
 of savings not to exceed thirty thousand dollars;  burial  expenses  not
 exceeding six thousand dollars of a victim who died ON OR AFTER NOVEMBER
 FIRST,  NINETEEN  NINETY-SIX as a direct result of a crime; the costs of
 crime scene cleanup and securing of a crime scene not exceeding  twenty-
 five hundred dollars; reasonable relocation expenses not exceeding twen-
 ty-five hundred dollars; and the unreimbursed cost of repair or replace-
 ment  of  articles  of  essential  personal  property  lost,  damaged or
 destroyed as a direct result of the crime. An award for loss of earnings
 shall include earnings lost by a parent or guardian as a result  of  the
 hospitalization  of  a  child  victim  under  age  eighteen for injuries
 sustained as a direct result of a crime. In addition to the  medical  or
 other  services necessary as a result of the injury upon which the claim
 is based, an award may be made for rehabilitative occupational  training
 for the purpose of job retraining or similar employment-oriented rehabi-
 litative  services  based  upon  the  claimant's  medical and employment
 history. For the purpose of  this  subdivision,  rehabilitative  occupa-
 tional training shall include but not be limited to educational training
 and  expenses.  An award for rehabilitative occupational training may be
 made to a victim, or to a family member of a victim where necessary as a
 direct result of a crime.
   § 3. Subdivision 5 of section 631 of the executive law is  amended  by
 adding a new paragraph (g) to read as follows:
   (G)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, IF THE CRIME UPON WHICH THE CLAIM IS BASED RESULTED IN  THE  DEATH
 OF THE VICTIM, THE OFFICE SHALL DETERMINE WHETHER, BECAUSE OF HIS OR HER
 CONDUCT,  THE  VICTIM OF SUCH CRIME CONTRIBUTED TO THE INFLICTION OF HIS
 OR HER INJURY, AND THE OFFICE MAY REDUCE THE AMOUNT OF THE AWARD  BY  NO
 MORE THAN FIFTY PERCENT, IN ACCORDANCE WITH SUCH DETERMINATION.
   §  4.  Section  634  of  the  executive law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. TO THE EXTENT THE OFFICE HAS MADE AN AWARD PURSUANT TO THIS ARTI-
 CLE FOR BURIAL EXPENSES, SUCH AMOUNT SHALL BE CONSIDERED  AMONG  REASON-
 ABLE  FUNERAL  EXPENSES  OF  THE DECEDENT PURSUANT TO SUBDIVISION ONE OF
 SECTION EIGHTEEN HUNDRED ELEVEN OF THE SURROGATE'S COURT PROCEDURE  ACT,
 TO  BE RECOVERED BY THE OFFICE, PROVIDED, HOWEVER, THAT IF A BENEFICIARY
 OF THE VICTIM'S ESTATE IS ALSO A PERSON ELIGIBLE  TO  RECEIVE  AN  AWARD
 PURSUANT  TO SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE, THE OFFICE
 SHALL RECOVER SUCH AMOUNTS PURSUANT TO SUBDIVISION TWO OF  THIS  SECTION
 TO  THE  EXTENT AN AWARD HAS BEEN MADE TO SUCH PERSON, PRIOR TO PURSUING
 RECOVERY FROM THE VICTIM'S ESTATE. ANY RECOVERY FROM A  VICTIM'S  ESTATE
 UNDER  THIS SUBDIVISION SHALL REDUCE THE STATE'S LIEN UNDER THIS SECTION
 TO THE EXTENT OF THE RECOVERY BY THE OFFICE.
   § 5. Subdivision 22 of section 103 of the surrogate's court  procedure
 act,  as  amended by chapter 503 of the laws of 1980, is amended to read
 as follows:

 S. 7992                             3
 
   22. Funeral expense. Includes reasonable expense of a  funeral,  suit-
 able  church  or  other services as an integral part thereof, expense of
 interment or other disposition of the body, a burial  lot  and  suitable
 monumental  work thereon and a reasonable expenditure for perpetual care
 of  a  burial lot of the decedent. FOR THE PURPOSE OF SUBDIVISION ONE OF
 SECTION EIGHTEEN HUNDRED ELEVEN OF THIS ACT, FUNERAL EXPENSE SHALL  ALSO
 INCLUDE  BURIAL  EXPENSES  AWARDED PURSUANT TO ARTICLE TWENTY-TWO OF THE
 EXECUTIVE LAW.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all  claims  filed  on  or
 after such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7992

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 11, 2018 - Floor Vote

Floor Vote: Jun 11, 2018

May 30, 2018 - Finance Committee Vote

Finance Committee Vote: May 30, 2018

May 9, 2018 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: May 9, 2018

2017-S7992 (ACTIVE) - Details

2017-S7992 (ACTIVE) - Summary

2017-S7992 (ACTIVE) - Sponsor Memo

2017-S7992 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7992

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - Signed by Governor

2017-S7992 (ACTIVE) - Details

2017-S7992 (ACTIVE) - Summary

2017-S7992 (ACTIVE) - Sponsor Memo

2017-S7992 (ACTIVE) - Bill Text download pdf

Comments