Buffalo News: Another Voice: Wrongful death bill will devastate budgets across New York

By: Barbara Van Epps

Gov. Kathy Hochul will soon decide whether to veto or sign legislation that could devastate local government budgets across the state. This bill, which expands the damages available in wrongful death lawsuits, would dramatically increase liability for municipalities who are often roped into lawsuits even when they are not at fault. While the bill may have been passed with good intentions, its consequences will harm our communities. It must be vetoed and rewritten with our concerns in mind.

When other states have changed their wrongful death laws, they’ve put limits on how much can be awarded for things such as pain and suffering, and they’ve made it harder to hold one party fully responsible if they’re only partly at fault. But this bill, as it stands, would allow payouts for damages that are impossible to measure. Plus, under current law, a local government can be forced to pay the whole amount, even if they’re minimally to blame.

Local governments are already facing substantial financial hurdles. The New York State Comptroller warns local officials to remain particularly cautious when developing their upcoming budgets. The era of large federal pandemic relief payments is coming to an end, leaving our cities, towns, and villages without a crucial financial safety net. At the same time, local sales tax revenues — a bright spot in recent years — are beginning to moderate, signaling a more difficult economic environment is on the horizon.

And although the bill’s sponsors claim no fiscal impact, that’s not possible. Local governments and school boards from across the state have weighed in that increased lawsuit payouts will drain their budgets and increase insurance premiums.

Let’s not forget that New York taxpayers will pay the price. Essential services will suffer as local governments scramble to cover escalating costs that are not necessarily their responsibility. At a time when the cost of living is already the number one issue for voters, additional burdens would be placed on families and small businesses.

To safeguard the future of New York’s municipalities, Hochul should veto this bill and work with local governments on a comprehensive solution.

Barbara Van Epps is executive director at the New York State Conference of Mayors and Municipal Officers.