Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Wrongful Death Law topic
No spam. Unsubscribe anytime.
Population Health Subcommittee advances Rep. Bozzo’s bill to extend wrongful-death presumption to three years
Summary
The Population Health Subcommittee voted 6–2 (one present not voting) to advance House Bill 1528, sponsored by Representative Bozzo, after adopting amendment 012833; the bill would extend the rebuttable-presumption period for willful withdrawal from marriage in wrongful-death claims from two years to three years.
Representative Bozzo urged the Population Health Subcommittee to approve House Bill 1528, saying, “This bill, does 1 thing. It seeks to protect the rights of a surviving spouse in a wrongful death action by extending from 2 years to 3 years the time before which a rebuttable presumption will arise under the wrongful death statute of willful withdrawal from a marriage.”
Bozzo told members the change is intended to protect surviving spouses who live apart from a deceased partner but have not legally separated, where under current law a two-year separation can create a presumption that forfeits a spouse’s right to recover in a wrongful-death action. After brief questions, the committee adopted amendment 012833 and voted 6 ayes, 2 nays, 1 present not voting to advance the bill to full Health. The clerk announced the tally before the chair declared the bill will proceed to the next committee.
