Times Union: Business groups continue to reject amended Grieving Families Act

By: Raga Justin

Legislation seeking to overhaul the state’s system for compensating family members in the event of a wrongful death is inching closer to a second chance at passage after a high-profile setback earlier this year when Gov. Kathy Hochul axed the measure. 

The bill's sponsors have conceded to criticism that the so-called Grieving Families Act was initially too broad in scope and scaled down the latest version before reintroducing it earlier this month. But opponents say they will continue to reject the measure because they do not believe legislative claims that economic consequences would be minimal. 

Supporters cheered when both chambers of the Legislature approved the Grieving Families Act and sent it to Hochul’s desk for her signature earlier this year. But many proponents were surprised when the governor vetoed the legislation in January, saying she supported the intent but feared it would lead to “significant unintended consequences.”

Her veto memo called on state lawmakers to work with her on passing an amended version of the bill and implied that a broader analysis of the measure’s potential economic implications would be necessary.

But bill sponsors dispute that it’s their responsibility to conduct that study before passing the legislation. State Sen. Brad Hoylman-Sigal, a Manhattan Democrat who is carrying the Grieving Families Act, said he has not had any conversations with Hochul’s office on the legislation since her veto. But he believes the amendments address the concerns Hochul laid out and called the push for a cost analysis a “delay tactic.”

“We've seen this statute in place in other states and insurance premiums and costs associated with them have not increased,” Hoylman-Sigal said. “I think we're confident that we have the evidence necessary to move forward.”

Hoylman-Sigal’s amended bill scales down the statute of limitations on wrongful death claims, as well as limiting the types of damages allowed when recovering for emotional loss as well as financial harm. It also tightens the definition of who is eligible to recover damages, limiting eligibility to those who have a legal relationship with the person who dies.

The bill may face broad support across both chambers, according to some Capitol observers. 

But key organizations representing the state’s business industry continue to oppose the measure, absent a legislative study on the fiscal implications of its passage. Those groups and others representing municipal and medical interests have pointed to a widely cited projection from the actuarial firm Milliman, Inc., asserting as much as an 11 percent increase in annual insurance premiums for New Yorkers. 

Business groups argue that the bill would create more difficulties in creating and retaining local businesses, as well as threaten the financial stability of businesses already in New York via “price increases, pay cuts and even layoffs.”

“New Yorkers are facing an affordability crisis because of inflation, the rising cost of housing, and growing tax and fee burdens,” states a letter sent Monday to state lawmakers. “Increasing damages would impose large costs on the general public, for the sake of a relatively small number of households and their attorneys.”

Organizations representing municipal agencies have also said the bill would threaten their stability, releasing a similar memo to legislators last week reiterating opposition. 

Stephen J. Acquario, executive director of the New York Association of Counties, said the statute is “obviously in need of reform” and that he supports some of what the bill sponsors are seeking, including expanding the category of loved ones able to recover damages and extending the statute of limitations.  

But Acquario said he doesn’t see his association supporting the Grieving Families Act in its current form, even with recent amendments. 

“A lot of times, governments are used as a catchall for these types of actions. So there is a fiscal impact with this and we need to be cognizant of that,” Acquario said. 

In a statement, Hochul’s spokeswoman Hazel Crampton-Hays would say only that the governor will review the legislation if it passes. 

Family members afflicted by wrongful deaths said they remain optimistic about the legislation’s fate this session. Kevin Cushing, who lost his son Patrick in the 2018 Schoharie limo crash and who has been a vocal supporter of the Grieving Families Act, said he has had more substantive conversations with Hochul’s office this time around than in prior years and said he is viewing that as a positive sign. 

Meanwhile, family members of recent high-profile tragedies have said they will continue to pressure lawmakers for its passage.

Raymond Whitfield, whose 86-year-old mother died in the Buffalo grocery store mass shooting one year ago, said Hochul’s veto of the initial bill came as a shock.

It’s especially difficult to try to determine the value of his mother’s life as someone who provided for his family in numerous intangible ways, Whitfield said. 

“She was never the breadwinner, but she was responsible for everyone else getting to their jobs,” Whitfield said. “Without our mother, we are just now discovering what a loss that is. So, for you to put a value on that and try to place a dollar amount in her life ... that’s a shame.”