Senate Bill S74A

2021-2022 Legislative Session

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

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Sponsored By

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

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Actions
Votes

Bill Amendments

co-Sponsors

2021-S74 - Details

See Assembly Version of this Bill:
A6770
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2391, A2872
2011-2012: S2540, A4851
2013-2014: S551, A1001
2015-2016: S336, A164
2017-2018: S411, A1386
2019-2020: S4006, A5612
2023-2024: S6636, S8485, A6698, A9232

2021-S74 - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

2021-S74 - Sponsor Memo

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

2021-S74A (ACTIVE) - Details

See Assembly Version of this Bill:
A6770
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2391, A2872
2011-2012: S2540, A4851
2013-2014: S551, A1001
2015-2016: S336, A164
2017-2018: S411, A1386
2019-2020: S4006, A5612
2023-2024: S6636, S8485, A6698, A9232

2021-S74A (ACTIVE) - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

2021-S74A (ACTIVE) - Sponsor Memo

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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Janice_Oldak
11 months ago

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

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.