BUFFALO, N.Y. -- The New York state Legislature for two straight sessions has overwhelmingly passed legislation to significantly expand the state's wrongful death statute and late last week, the governor for the second straight time vetoed the bill.
Following her first veto, Gov. Kathy Hochul cited concerns including economic consequences, concerns she said the Legislature failed to fully address.
"There's an important balance to be struck here that yes, we want families who are enduring the unthinkable to have recourse in the courts. I agree with that but I also have to make sure that in the process we don't have insurance premiums raised for every entity in the state of New York," Hochul said.
The legislation would among other things allow for family members to seek damages for pain and suffering. It's something attorney Terry Connors has been watching closely as the current law only allows for compensation related to lost earnings.
Connors represented families of victims from the Buffalo mass shooting, the majority of whom were elderly and many no longer working.
"I think the people that are advocating change and I think it's the majority of the people in the state, they are looking forward to try to see if our legislators and the governor can reach some type of a compromise, so from that standpoint there's some hope," Connors said.
The alternative to a compromise could be a legislative override of the veto which requires a two-thirds majority of lawmakers in each house to approve.
"I think it's clear that the numbers are there for an override," Connors said. "Whether or not the will is there, I just think that the sponsors of the legislation would much rather work it out with the governor."
In New York, the veto override happens extremely rarely and was last utilized when George Pataki was governor. Author and scholar Gerry Benjamin said governors in the state wield enormous authority and Legislatures are often cautious to challenge it.
"The threat is less credible in almost all circumstances than the threat to veto would be against the Legislature which has to maintain cohesion in the majority. The governor's a single actor," Benjamin said.
However, Benjamin said Hochul is regarded perhaps as less vindictive or forceful than her recent predecessors and the Democratic majority did recently reject her appointment to the Court of Appeals. The co-sponsors of the bill in a statement said they were extremely disappointed in the veto and will consult with colleagues this week on an appropriate response.