This weekend, Governor Kathy Hochul vetoed legislation known as the Grieving Families Act for the third time, which would update the state’s wrongful death law and allow families to sue for emotional damages.
“There appears to be a disappointing philosophical divide on the need to reform our statutes,” said Manhattan Democrat Brad Hoylman-Sigal, the Senate sponsor.
Hochul explained in his memo that the bill would significantly reshape the legal framework for wrongful death actions by expanding the types of damages that can be recovered, expanding the class of people who can seek such damages, and extending the limitation period. Hoylman-Sigal said Hochul’s concerns about costs to patients and consumers were essentially a retread of last year’s memo.
“We do not want to negotiate against ourselves and the truth is that the governor has not presented us with an alternative proposal. There have been no negotiations this year. We have never received a counter-offer,” he declared.
The governor said the Legislature, which passed the bill three times, did not make the changes she suggested in previous rounds of negotiations. These include capping the age of victims for whom family members could claim and an exemption for the health care sector.
“I think it’s time for us to come together, get back to the advocates who support this bill, including adjusters and insurance companies, the medical profession, those who work in our justice system, and determine what is the next best step,” Hoylman-Sigal said. .
Lawmakers passed the bill with overwhelming bipartisan support each time. However, they have not yet actually considered the possibility of overriding the governor’s veto, which would require a two-thirds vote in each chamber.
“That would be something I would support on an issue as important as reforming a 175-year-old law. I hope it never comes to that because I support the governor and I work very closely with her,” Hoylman-Sigal said.
Regardless, Hoylman-Sigal said he will continue to fight for the bill and urge his Senate colleagues to pass it a fourth time. Assembly sponsor Helene Weinstein has retired, so a new member will need to take over the effort.
“I believe the governor and supporters of the Grieving Families Act actually agree that we need to change our outdated statute,” Hoylman-Sigal said.