BUFFALO, N.Y. — The New York State Legislature for three consecutive sessions has overwhelmingly passed what supporters call the Grieving Families Act.

The governor has twice vetoed the bill and lawmakers have not yet delivered it to her this year.

"To be candid, negotiations haven't begun in earnest. I hope they begin soon and we don't have a situation like in years past where we're trying to negotiate over the Christmas holidays," State Senate sponsor Brad Hoylman-Sigal said.

The expansion of the state's more than 175-year-old wrongful death statute would among other things allow family to recover damages for pain and suffering. Hoylman-Sigal said the Legislature responded to the governor's veto message by narrowing the number and type of close surviving family members who can make those claims and shortened a lookback window by three years so it only applies to causes of action that happened in 2021 and beyond. 

"We think we were responsive to major planks of the governor's veto message," the senator said.

One group watching closely are the loved ones of victims of the May 2022 mass shooting in Buffalo. Attorney John Elmore represents some of them who filed a lawsuit last year.

"I, along with the victims of the May 14 tragedy, as well as the victims of other families across New York state who have lost loved ones, are very disappointed that the governor has not signed the Grieving Families Act," Elmore said.

In a previous proposal, the governor suggested allowing damages for families that lost children while excluding older people who similarly may not have a measurable income. Most of the 10 victims in Buffalo were elderly. 

Elmore said a civil trial is likely years away but said an age cutoff would obviously impact his clients.

"A jury is going to have very little guidance to award these families that have suffered an awful loss, a terrible loss, fair and reasonable compensation," he said.

Hoylman-Sigal said he's open to conversation but does not appear receptive to an arbitrary age cutoff, or other recommendations from the governor like removing the lookback window entirely and exempting medical malpractice. The latter is significant in a recent Albany case in which a mother claims significant delays at the emergency room contributed to her toddler's death.

"This is not just about compensation by any means. It's about justice and getting answers as to why that young boy died in the hospital," he said. 

The state senator said he will continue to highlight these tragedies as examples of why the law needs updating.