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A6698

An act to amend the Estates, Powers and Trusts Law - Grieving Families Act — 2023-06-06 · Calendar #1245

The Senate passed the Grieving Families Act on a 54-8 roll call vote, with eight senators voting in opposition. The bill, sponsored by Assemblymember Weinstein and championed by Sen. Hoylman-Sigal, reforms New York's 1875 wrongful death statute to allow juries to determine the value of human life based on emotional loss to families rather than limiting awards to economic loss calculations. Multiple senators spoke passionately in support, arguing the current law discriminates against infants, seniors, disabled individuals, and lower-income workers by undervaluing their lives. Sen. Palumbo, an attorney, highlighted the absurdity of cases where a surviving baby represents significant damages but a deceased baby is worth nearly nothing. Sen. Ramos, chair of the Labor Committee, emphasized workplace safety concerns, noting New York leads the nation in construction deaths, and cited specific victims including a 27-year-old construction worker. Sen. Krueger criticized the antiquated model as unique to New York and harmful to grieving families. The bill had been previously vetoed by the Governor, and senators expressed hope he would sign the modified version this year. The bill takes effect immediately upon passage.
PASSED Ayes: 54 · Nays: 8

Debate Summary

Multiple senators spoke in support of the Grieving Families Act, which reforms New York's 1875 wrongful death statute. Supporters argued the current law undervalues lives based on earning potential, discriminating against infants, seniors, disabled individuals, and lower-income workers. Sen. Hoylman-Sigal noted the bill was modeled on reforms needed to allow juries to determine the value of human life rather than courts being limited to economic loss calculations. Sen. Palumbo, an attorney, cited the absurdity of obstetrical malpractice cases where a surviving baby represents significant damages but a deceased baby is worth nearly nothing. Sen. Ramos highlighted workplace safety concerns, noting New York leads the nation in construction deaths, and discussed specific victims including a 27-year-old construction worker. Sen. Krueger criticized the antiquated model as unique to New York and harmful to grieving families. The bill had been previously vetoed by the Governor.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Hoylman-Sigal aye Democrat
Krueger aye Democrat
Palumbo aye Republican
Ramos aye Democrat
Borrello nay Republican
Breslin nay
Canzoneri-Fitzpatrick nay Republican
Cooney nay Democrat
Griffo nay Republican
O'Mara nay Republican
Oberacker nay Republican
Stec nay Republican