Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 02, 2022 |
returned to senate passed assembly ordered to third reading cal.600 substituted for a6770 referred to codes delivered to assembly passed senate ordered to third reading cal.1922 committee discharged and committed to rules |
May 10, 2022 |
reported and committed to finance |
Jan 05, 2022 |
referred to judiciary |
May 18, 2021 |
reported and committed to finance |
Apr 02, 2021 |
print number 74a |
Apr 02, 2021 |
amend (t) and recommit to judiciary |
Jan 06, 2021 |
referred to judiciary |
Senate Bill S74A
2021-2022 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - Passed Senate & Assembly
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(D) 15th Senate District
(D) 36th Senate District
(D) Senate District
(D, WF) Senate District
2021-S74 - Details
2021-S74 - Sponsor Memo
BILL NUMBER: S74 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the estates, powers and trusts law, in relation to payment and distribution of damages in wrongful death actions PURPOSE: This bill would permit the families of wrongful death victims to recover compensation for their emotional anguish. SUMMARY OF PROVISIONS: The bill amends EPTL section 5-4.3, permit recovery of damages for emotional liable for causing a death. Current law loss only, thus making it impossible for siblings to receive any compensation for the wrongful death statute, to loss when a tortfeasor is found allows recovery of pecuniary spouses, children, parents, and their non-economic loss.
2021-S74 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 74 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. HOYLMAN, ADDABBO, BAILEY, BENJAMIN, BIAGGI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAMINSKY, KAPLAN, KENNEDY, KRUEGER, LIU, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the estates, powers and trusts law, in relation to payment and distribution of damages in wrongful death actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of section 5-4.3 of the estates, powers and trusts law, as amended by chapter 100 of the laws of 1982, is amended to read as follows: (a) The damages awarded to the plaintiff may be such sum as the jury or, where issues of fact are tried without a jury, the court or referee deems to be fair and just compensation for the [pecuniary] injuries resulting from the decedent's death to the persons for whose benefit the action is brought. In every such action, in addition to any other lawful element of recoverable damages, [the reasonable expenses of medical aid, nursing and attention incident to the injury causing death and the reasonable funeral expenses of the decedent paid by the distributees, or for the payment of which any distributee is responsible, shall also be proper elements of damage] FAIR COMPENSATION FOR THE FOLLOWING DAMAGES MAY BE RECOVERED: (I) REASONABLE FUNERAL EXPENSES OF THE DECEDENT PAID BY THE DISTRIBUTEES, OR FOR THE PAYMENT OF WHICH ANY DISTRIBUTEE IS RESPONSIBLE; (II) REASONABLE EXPENSES FOR MEDICAL CARE INCIDENT TO THE INJURY CAUSING DEATH, INCLUDING BUT NOT LIMITED TO DOCTORS, NURSING, ATTENDANT CARE, TREATMENT, HOSPITALIZATION OF THE DECEDENT, AND MEDI- CINES; (III) GRIEF OR ANGUISH CAUSED BY THE DECEDENT'S DEATH, AND FOR ANY DISORDER CAUSED BY SUCH GRIEF OR ANGUISH; (IV) LOSS OF LOVE, SOCIE- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(D) 15th Senate District
(R, C, IP, RFM) Senate District
(D) 36th Senate District
(D, WF) Senate District
2021-S74A (ACTIVE) - Details
2021-S74A (ACTIVE) - Sponsor Memo
BILL NUMBER: S74A SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the estates, powers and trusts law, in relation to the payment and distribution of damages in wrongful death actions PURPOSE OF BILL: This bill would permit the families of wrongful death victims to recover compensation for their emotional anguish. SUMMARY OF PROVISIONS OF BILL: Section 1 amends EPTL section 5-4.1 to extend the time permitted to bring a wrongful death action by one year and six months. Section 2 amends EPTL section 5-4.3, to permit recovery of damages for emotional loss when a tortfeasor is found liable for causing a death. Current law allows recovery of pecuniary loss only, thus making it
2021-S74A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 74--A 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. HOYLMAN, ADDABBO, BAILEY, BENJAMIN, BIAGGI, COMRIE, GALLIVAN, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAMINSKY, KAPLAN, KENNEDY, KRUEGER, LIU, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the estates, powers and trusts law, in relation to the payment and distribution of damages in wrongful death actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of section 5-4.1 of the estates, powers and trusts law, as amended by chapter 114 of the laws of 2003, is amended to read as follows: 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent [who is survived by distributees] may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within [two] THREE years AND SIX MONTHS after the decedent's death; provided, howev- er, that an action on behalf of a decedent whose death was caused by the terrorist attacks on September eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within [two] FOUR years [and six months after the decedent's death]. When the [distributees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT do not participate in the administration of the decedent's estate under a will appointing an executor who refuses to bring such action, the [distributees] PERSONS FOR WHOSE BENEFIT AN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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To all State Senators, Please advocate to include “ medical malpractice,” in the revised version of the NYS S74A bill to be resent to the Governor. The “Grieving Families Act,” was voted overwhelmingly bipartisan in both the Senate and the Assembly.
Would you all be willing to override the Governor’s veto should she choose to continue to not sign the bill?
It is imperative that it passes, as 40 states around us have updated legislation in place. Sadly, we are currently being held to poor legislation over 100 years on the books.
I look forward to hearing from the committees and senators on this important and personal matter.
Thank you,
Janice Oldak
Artmuse5@aol.com