City & State: Will Hochul veto the Grieving Families Act again?

By: Rebecca C. Lewis

For the third year in a row, Gov. Kathy Hochul is considering a bill approved in a bipartisan fashion that would drastically change New York’s wrongful death law. Hochul has already vetoed the bill twice, and despite numerous changes to the legislation meant to address her concerns, opposition to the measure remains strong, and the governor has not given any indication that she’ll sign the bill this year.

The twice-vetoed legislation seeks to update the state’s nearly 180-year-old wrongful death statute to permit families to sue for emotional damages when a loved one dies. Right now, they can only get compensatory damages like lost wages. New York is currently one of just two states that does not allow people to sue for emotional damages in wrongful death cases.

Hochul has rejected the bill twice, both times citing the potential for “unintended consequences,” increased insurance premiums for New Yorkers and concern over the fiscal well-being of health care facilities in the state. Bill sponsors state Sen. Brad Hoylman-Sigal and Assembly Member Helene Weinstein have made a number of changes to the bill in response to Hochul’s concerns: narrowing its scope, limiting the family members eligible to sue for emotional damages and reducing its retroactive provisions. 

For Weinstein, who is retiring at the end of the month, this is the last opportunity for the bill she has carried for 30 years to become law. “It’s a pared down version that we have, hoping that we can get a resolution before the end of the year,” Weinstein told City & State. Read more here.