Politico

With help from Shawn Ness

New from New York

Happening now:

• Will this be the year that lawmakers approve physician-assisted suicide?
• Mayor Eric Adams came to Gov. Kathy Hochul’s defense of her gaffe.
• New York sports legends visited the state Capitol today. Here’s why.
• The state Senate is passing a long list of environmental bills.

A LONG SOUGHT LAW: Advocates have fought for a decade to legalize physician-assisted suicide in New York. They are hoping this year that the fight will end.

During any busy week in the Capitol in Albany, it’s hard to miss the throngs of activists donning bright yellow shirts and doggedly handing out stickers to lawmakers and lobbyists.

Medical aid in dying, or the right for a physician to prescribe life-ending medication to suffering, terminally-ill patients, has long been a priority for hundreds of activists who have watched their loved ones suffer unnecessarily during their final days of life.

But in the last year, the push to legalize physician-assisted suicide — which is already law in California, New Jersey and eight other states — has been gaining ground.

The list of sponsors for the bill, now totaling 80 lawmakers, has increased steadily since the current iteration was introduced in 2016. State Sen. Jessica Scarcella-Spanton and Assemblymembers Amy Paulin and Tony Simone held a packed rally this afternoon outside the Senate chamber in favor of the bill.

And key groups, like the New York Bar Association and New York Civil Liberties Union, have queued up in support of the bill, helping it gain new momentum.

The Medical Society of the State of New York also reversed its longstanding opposition to the Medical Aid in Dying Act last month.

Their cause is clear: Let people die with dignity.

But despite the increased support, the three people with the real power in Albany — Gov. Kathy Hochul, Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins — have shied away from taking a position on the bill.

And Stewart-Cousins suggested movement on the bill this year — with only 16 days left of session — is unlikely.

“I believe this is a robust discussion, and obviously, we're not there yet,” she said. “It's a matter of information. It's a matter of education, and then we get to see if we can actually do things that change life for the better.”

And the push to legalize the practice faces opposition. The Catholic Conference of New York strongly opposes the measure.

Some doctors have also raised concerns that legalizing physician-assisted suicide could create a sort of slippery slope, where people who aren’t gravely terminally-ill, but instead deeply-depressed, could take advantage of the law to end their own life. They point to examples of that happening in Canada.

Dr. Eve Slater, a professor of clinical medicine at Columbia University and former assistant secretary to the U.S. Department of Health and Human Service, has organized a group of medical professionals who oppose the bill.

She’s concerned physician-assisted suicide violates a key provision of the Hippocratic oath: Primum non nocere. First, do no harm.

“It is suicide, and, you know, they hope that somehow by getting a physician involved that somehow makes it OK,” Slater said. She’s also worried the bill gives an avenue for those with non-terminal illnesses to cut their life short.

“The lawyers go to work and say, ‘Well, you know, how can you deny it to my client when you've allowed it for somebody else?’” — Jason Beeferman

ADAMS DEFENDS HOCHUL’S ‘COMPUTER’ ERROR: Mayor Eric Adams strongly defended Hochul after she made an embarrassing gaffe on Monday, and he said those who’ve piled on to criticize the governor are simply playing “word police.”

“I know her heart, I know what she was intending to say, and she was not trying to be disrespectful of the people of the Bronx,” Adams said.

The governor made the now-roundly criticized comments during a fireside chat with MSNBC’s Jonathan Capehart at the Milken Institute Global Conference in California.

“Right now we have, you know, young Black kids growing up in the Bronx who don’t even know what the word ‘computer’ is,” she told Capeheart while discussing a massive state investment into artificial intelligence computing.

She quickly apologized, saying in a statement that “I misspoke and I regret it,” and Assembly Speaker Heastie stood by her saying, “I don’t believe that is where her heart is.” Stewart-Cousins echoed Heastie’s words of support earlier today.

Adams spoke at length to defend Hochul today during his weekly availability with reporters.

“When you make thousands of speeches, when you’re in front of the cameras all the time, when you’re trying to be authentic and say the things that you’re really feeling, one could sit back and do a critical analysis of every sentence you say and say ‘Oh you didn’t say it this way or that way,’” the mayor continued.

“So those who want to word police in this business, you go right ahead. The people of the Bronx knew where her heart was. She’s sincere about uplifting the people. We don’t always get it right.” — Jason Beeferman

TAKING A TEST DRIVE: State Sen. Andrew Gounardes stepped into the BMW for a test drive outside the state Capitol today. It was for a purpose: in support of legislation to install speed limiters on peoples’ cars.

The bill is designed to curb traffic fatalities, where excessive speed plays a factor in roughly one-third of deaths.

It would require the speed limiters, also known as “governors,” to override the vehicle’s acceleration, preventing it from going over the speed limit. It would only be installed for “repeat offenders,” defined as people who have gotten over 11 points on their license in an 18-month period, or have received six speed camera or red light camera tickets during a 12-month period.

The technology uses geolocation to get an accurate roadmap of speed limits. It is accurate enough to even distinguish between passing lanes and standard driving lanes.

“Nothing is in our laws today to crack down on the most reckless drivers on our streets. So we're here to say that enough is enough. We don't have to search for a brand new idea under the sun in order to solve this crisis,” Gounardes, a Manhattan Democrat and sponsor of the bill, said.

After the test drive, Gounardes said that the car would not accelerate past the speed limit, despite his best efforts.

“The drive was really smooth, but the tech works—even when I floored it, I couldn't accelerate beyond what the device permitted. It's easy to use, there's no jerking of the wheel or distracting beeps. You just drive," he said.

Dash cam footage was recorded of his drive. — Shawn Ness

FOREIGN DEBT: The former president of Costa Rica made an appearance outside of the Assembly chambers in the Capitol today to advocate for the Sovereign Debt Stability Act.

The bill gives countries that are in debt options to restructure their debts to help limit forced migration of people from the struggling countries.

“More than half of the world’s private debt is located [in New York],” former president of Costa Rica, Carlos Alvarado Quesada, said. “Creating a procedure for readjusting debt is critical for developing countries.”

Seventy-six percent of asylum-seekers in New York hail from countries that have debt crises.

“I am convinced that this is something or state can do, and must do,” state Sen. Gustavo Rivera, the bill’s sponsor said. “These institutions are here, they are based here, and they do what they do because we allow them to.” — Shawn Ness

FANTASY ISLAND: Senate Racing, Gaming and Wagering Chair Joe Addabbo wants to expand gambling options. And he brought some New York sports history firepower to the argument.

Addabbo today in Albany was flanked by former Yankee first baseman Tino Martinez and ex-Giant wide receiver David Tyree to push for a measure that would expand daily fantasy sports wagering.

In essence, the bill would allow for bets on the individual outcome of an athlete’s performance (placing a wager, for instance, on whether Bills quarterback Josh Allen throws for more than 200 yards in a game).

“My mom is 82 years old, and she plays fantasy football and it keeps her involved with the grandkids,” Martinez said. “It’s a great way for the family to come together.”

If approved, the measure would be added to the suite of offerings for sports gamblers, which currently include sportsbooks in casinos as well as mobile sports betting. New York already has the highest grossing online sports betting operation in the nation.

“This is a parallel track,” Addabbo said of his fantasy sports bill. “Fantasy sports is certainly separate from mobile sports betting. It enhances it.”

The Queens Democrat also wants the age of participation to be 21 and insisted the measure includes “safeguards” meant to prevent addiction as well as corrupt outcomes in games.

He expects the measure would generate $150 million in tax revenue for the state.

Having Tyree and Martinez in Albany, meanwhile, helped heighten interest in the measure. Athletes have often been enlisted to help promote legislation (and allow lawmakers, lobbyists and yes, even reporters, to geek out a bit).

Tyree said it was “a weird question” and “no comment” when asked if he was being compensated for the appearance. Martinez said he was not paid an appearance fee. — Nick Reisman

ERA OPPONENTS WIN: Republicans have won the first round in a legal fight over whether New York’s Equal Rights Amendment should appear on the ballot this November.

A judge hearing a challenge brought in Livingston County concluded today that the Democratic-dominated Legislature didn’t take the proper steps before bringing the amendment for a vote, since they didn’t give the attorney general the constitutionally-mandated 20 days to review the language.

“In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state,” state GOP Chair Ed Cox said in response to the ruling.

Democrats, who are planning to use the amendment’s language on abortion to motivate their base this November, promise an appeal.

“According to the reading of all of our very competent counsel, the lack of the AG’s opinion does not negate the validity of our amendment,” Senate Majority Leader Andrea Stewart-Cousins said. “We will certainly appeal that so that people will have the right to vote this November in terms of codifying our reproductive choices.”

For her part, Hochul vowed that the ERA will make the November ballot.

“Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge, and I look forward to casting my ballot for the Equal Rights Amendment in November,” she said in a statement. — Bill Mahoney

WEED RAIDS: The city did coordinated raids on illegal weed shops across all five boroughs today, ramping up enforcement weeks after getting greater enforcement powers in the state budget.

“We want to close them down. And if you’re out there, we have a lock with your name on it,” Adams said in his weekly press conference.

With cinematic flair, City Sheriff Anthony Miranda appeared live on camera during the briefing from inside a shop down the street from City Hall that he accused of selling illegal mushrooms, cannabis and cigarettes.

“They have violated every statute that we have, in terms of the new laws and protections that we have,” Miranda said. “And we’ll be sealing these locations after the inspections.”

The city wasn’t previously shutting down shops caught violating cannabis control laws. Now they can, deeming it “Operation Padlock to Protect.” But Adams warned that shop owners could still challenge the rulings and apply to reopen again. “There’s still a procedure,” he said. — Jeff Coltin

DATA BREACH AT CITY SCHOOLS: City Hall is continuing to work to address a data breach to the city’s public school system.

“The safety and well-being of our students is always the priority,” Camille Joseph Varlack, chief of staff to Mayor Eric Adams, told reporters at a press conference at City Hall today, adding the city has been engaging Illuminate, its former software vendor. “We have been working closely with Illuminate for a while now on this particular breach.”

An additional 380,000 current and former students saw their personal data compromised in a digital attack that took place from late December to early January 2022, the New York Post reported Sunday. The agency originally said 800,000 pupils were affected by the infiltration.

Varlack said no financial information or Social Security numbers were impacted. The Department of Education is also offering two years of free credit and identity monitoring services to any individual who received a letter from the agency.

Adams said his predecessor Bill de Blasio informed him that cybersecurity “is a real issue.” Matthew Fraser, the city’s chief technology officer, opened an office that trains young people in cybersecurity, he added.

“We’re encouraging young people to go into the field,” the mayor said. “Other cities have been hacked, held hostage, sent ransom notes. It’s a global problem, and we are being inundated every day by outside influence, other countries trying to hack our systems.” — Madina Touré

SENATE MOVES EARTH DAY BILLS: A belated celebration of Earth Day in the Senate means the passage of several environmental measures, with uncertain prospects for passage as the session careens toward a close.

“Our words are only as good as our actions, which is why it's imperative that we modernize our energy systems, protect our clean drinking water and address climate change,” said Stewart-Cousins at a press conference today.

Among the bills slated for passage today is the Climate Change Superfund measure, which would charge fossil fuel companies for historical emissions that have contributed to climate change. The measure would raise $3 billion annually for investments to adapt to climate impacts in New York, but it doesn’t have support from Assembly leaders or Hochul.

“Taxpayers shell out hundreds of millions of dollars a year on just trying to mediate and repair damage caused by climate change,” said state Sen. Liz Krueger, a Manhattan Democrat who sponsors the bill.

“We continue to pass our bills and we continue conversations and I'm sure they'll be moving on things too,” said Stewart-Cousins when asked about what conversations she’d had with Assembly Speaker Carl Heastie about the Climate Superfund bill and NY HEAT. “So we will get there.”

Other bills the Senate plans to pass, versions of which passed last year and died in the Assembly, include state Sen. Pete Harckham’s measure (S2994) to phase out No. 4 fuel oil in buildings by 2028; his expansion of the food scrap donation program (S5331); state Sen. Nathalia Fernandez’s measure (S3328) to require more fenceline monitoring of air emissions at industrial sites; state Sen. Brad Holyman-Sigal’s measure (S1535) to require EV chargers at some state parking lots and garages and his proposal to ban PFAS in anti-fogging sprays and wipes (S992); state Sen. Leroy Comrie’s wildlife crossing bill (S4198); and state Sen. Jose Serrano’s bill to prohibit gas drilling on state lands (S724).

A spokesperson for the Assembly Democrats did not provide a list of environmental bills planned for a vote in the chamber this week. — Marie J. French

PUSH FOR GUN REFORM: A group of moms, students, advocates and lawmakers rallied at a church blocks away from the state capitol today to support a package of legislation on gun reform. 

One bill introduced by state Sen. Zellnor Myrie and Assemblymember Michaelle Solages would prohibit the sale of any semi-automatic handguns that can easily be converted into fully automatic machine guns through the use of a Glock switch.

Current Glock owners would no longer be allowed to use the mechanism. The bill would also bar the sale, possession and manufacturing of Glock switches, and it would make clear that a pistol with the mechanism is considered to be a machine gun.

Another bill sponsored by Senate and Assembly Education Committee chairs Shelley Mayer and Michael Benedetto would mandate the state Education Department to create informational materials to educate parents on safe storage laws.

“I think we have many parents who really are new to this country, new to our communities, even people that have been here a long time, they don’t know what we pass,” Mayer said. “We have to do more than expect that people will know. Given the history of gun violence we have to actually get out there and make sure that they know.”

New York United Teachers President Melinda Person said many parents are often unaware of gun storage laws for households with children under age 18.

“If this notification is something that gets into the backpack mail and saves one life, it's worth it,” Person said to POLITICO. — Katelyn Cordero

ACTORS PUSH FOR A.I. REGULATIONS: A star studded press conference took place on the Million Dollar Staircase in the Capitol, where lawmakers were joined by Rosario Dawson, John Carroll Lynch and Samantha Mathis in a push to pass legislation that will regulate the use of artificial intelligence in the entertainment industry.

The group is looking to pass three bills, the first requires employers to provide legal representation when a contract involves the rights of digital replication of a person’s voice or likeness in place of physical work.

This bill is on the move, as it passed the Senate Judiciary Committee today, and bill sponsor state Sen. Jessica Ramos said she is hopeful it will pass both houses by the end of session next month.

“AI is here to stay, and I’d like to say our responsibility is to ensure that labor law is keeping pace with the changes in this and all other industries where workers are trying to earn a dignified wage,” Ramos said to reporters.

“These motion picture companies are pretty much allowing these performers to lend their voice and their likeness to feed into AI, that should not happen without informed consent of the performer.”

A second bill would prohibit the state’s film tax credit for use on productions that plan to use artificial intelligence in the place of employees.

And the final bill would require all advertisers to disclose when they are using artificial intelligence in their content. Violators would have to pay a $1,000 penalty for their first violation. After the first violation they would pay $5,000 for each penalty. — Katelyn Cordero

— A prominent transit union leader plans to sue Columbia University over alleged mistreatment of school staffers during a building seizure last week. (POLITICO)

— After a tenant in Manhattan was treated for arsenic poisoning, she and her neighbors are demanding tests of their tap water. (POLITICO)

— Adams says New York City is ‘ready’ if former President Donald Trump is jailed. (POLITICO)

With help from Shawn Ness

New from New York

Happening now:

• Mayor Eric Adams talked about the reasons why it was time to break up the protests on college campuses.
• New York has a new secretary of state that will need state Senate approval.
• New York City's budget is getting bigger and bigger.
• Why Attorney General Tish James and her colleagues are suing the NCAA.

DEMS DEFEND CAMPUS CRACKDOWN: The police were not just arresting pro-Palestinian protesters at Manhattan colleges Tuesday night, but protecting “children” from “outside agitators,” Mayor Eric Adams said, defending the NYPD in a round of media appearances this morning.

“This is a global problem, that young people are being influenced by those who are professionals at radicalizing our children,” Adams said at a press conference with police Wednesday morning. “And I’m not going to let that happen as the mayor of the city of New York.”

Adams declined to elaborate on who the agitators were. And while it’s not in question that some of the people protesting at campuses were not students, the NYPD’s main evidence today — that protesters who seized a building used thick bike locks favored by students — was roundly mocked online.

The police actions were the largest mobilizations yet of New York City police in response to recent pro-Palestinian protests on college campuses. Adams emphasized that Columbia University and City College both formally requested the NYPD’s help responding. Protesters at Columbia had seized and barricaded an academic building on campus, and City College, they set up tents and occupied a main lawn on campus.

The NYPD said 173 people were arrested at City College, and 109 were arrested at Columbia on Tuesday night.

Leading Democrats, including Gov. Kathy Hochul and House Minority Leader Hakeem Jeffries, backed up the high profile police responses.

"As far as I can tell, the efforts by the NYPD were thorough, professional, and they exercised the degree of calm in a very tense situation that should be commended,” Jeffries said at a press conference today, POLITICO’s Nicholas Wu reported.

“The rest of the campus, they should not be living in fear because you're claiming an exercise of your rights,” Hochul said at a separate media availability. “But that's what was starting to happen on our campuses over the last couple of weeks.”

But New York Civil Liberties Union Executive Director Donna Lieberman said reports of police closing blocks of the city, pepper spraying protesters and throwing them to the ground showed the response was “counterproductive and downright dangerous.”

“While other campuses across the country have engaged demonstrators in productive dialogue, at Columbia and City College last night the NYPD responded instead with intimidation and violence. — Jeff Coltin

SENDING OUT AN SOS: Former Assemblymember Walter Mosley is Hochul’s choice to become the next secretary of state for New York, her office announced today.

“The Department of State plays a critical role implementing a broad array of government services, from the Downtown Revitalization Initiative to the Office for New Americans,” Hochul said in a statement.

“Walter Mosley’s public service in the New York State Assembly and his years of leadership in his community have given him the skills and experience necessary to lead this Department into the future.”

The Democratic assemblymember represented Brooklyn in the Assembly from 2013 to 2021 and lost a primary to Phara Souffrant Forrest.

If confirmed by the state Senate, Mosley would replace Robert Rodriguez in the post. Rodriguez was nominated last month to become the president and CEO of the state Dormitory Authority.

“I am deeply honored to be chosen by Governor Hochul to serve as Secretary of State,” Mosley said. “My career has been focused on finding ways to make government work for the people, and I am thrilled to take on this pivotal role in state government.” — Nick Reisman

BUDGET WATCHERS: The Citizens Budget Commission wants to remind New York City residents just how much the Adams administration has been spending.

The budget for the fiscal year beginning July 1 is on track to increase city spending by more than 6 percent compared to the current year, according to a report from the business-backed fiscal watchdog.

The increase would be even more pronounced if around $2.2 billion for programs the city is likely to spend money on — but have not been included in the plan — is factored into the equation.

The growth is part of a broader trend. Between 2020 and this summer, the city’s spending is projected to balloon 26 percent, outpacing inflation by more than 43 percent.

And even if migrant spending were excluded, spending growth would still be up 21 percent over the same time period, roughly $15 billion, the report found. — Shawn Ness

ELECTION TURNOUT TROUBLES: Less than 13 percent of registered voters in New York City participated in the elections, according to a new report from the New York City Campaign Finance Board.

To increase turnout, the report recommends two policies: one that would host local elections in even numbered years, and another that would create a civic engagement fellowship program to expand voter outreach programs.

New York has a law on the books that will move most local elections to even numbers years to correlate with state and federal races, but it doesn't apply to New York City and is facing legal challenges.

The goal, Democrats say, is to increase voter turnout, but Republicans contend it's a way for Democrats in party to further hurt the GOP in a state with twice as many Democrats than Republicans.

“New York City’s democracy is only as strong as the share of the city that participates. Even with 82 percent of eligible New Yorkers registered to vote, we have a long way to go until voting and full civic participation are accessible to every single New Yorker,” Paul Ryan, the executive director of the board, said in a statement.

In the two most recent elections in the city, only seven percent of voters participated in the primary and 12.8 percent in the general election, despite 81 percent of eligible voters being registered, the group said. — Shawn Ness 

JAMES SUES NCAA: The state Attorney General's Office is joining efforts with a multistate coalition to sue the NCAA for policies that prevent student athletes from earning money and benefits from their “name, image and likeliness.”

Attorney General Tish James said the policy prevents student athletes from looking at compensation offers before enrolling at a school, which keeps them from fully understanding their options before deciding where to go for college. Other states listed on the lawsuit include Tennessee, Florida, District of Columbia and Virginia.

“New York student athletes are some of the best in the country, and they should be able to make decisions about their athletic career without restrictions,” Attorney General Letitia James said in a statement.

“The NCAA’s NIL rule limits college athletes’ potential and restricts competition among universities — that’s not fair game. Student athletes should be able to call the shots on their career fairly and evenly.” — Katelyn Cordero 

On the campaign trail

HOCHUL FUNDRAISING FOR LASHER: Hochul will attend a swanky fundraiser for Upper West Side Assembly candidate Micah Lasher tonight. The affair is being hosted by Dan Doctoroff, a former deputy mayor under Michael Bloomberg and former CEO of Bloomberg L.P.

Lasher was previously Hochul’s top policy adviser and worked for Bloomberg earlier in his career. He faces a four-way primary, with public defender Eli Northrup, a Working Families Party candidate, likely to be his most formidable challenger.

The 69th District seat, which includes the embattled Columbia University, is currently held by Assemblymember Danny O’Donnell. He is retiring after representing the area for 20 years. While other big names like Rep. Jerry Nadler, Manhattan Borough President Mark Levine and former NYC Comptroller Scott Stringer have endorsed Lasher, O’Donnell still hasn’t announced support for a candidate in the race.

While O’Donnell has shied away from commenting on Columbia’s protests, Lasher commented on the unrest in a statement to Playbook.

“The situation has been heart-breaking in so many ways,” he said. “At this point I only hope that the Columbia community can find a way forward.”

Earlier today, Northrup called the deploying of the NYPD Tuesday evening a “wholly disproportionate response.”

The tickets to attend the 6:30 pm fundraiser range from $1,000 to $3,000.

“I couldn’t be more honored to have two of my former bosses, Dan Doctoroff and Governor Hochul, along with Alisa Doctoroff, teaming up to give our campaign a boost as we enter the home stretch,” Lasher said in a separate statement.

Northrup blasted Lasher for the fundraiser.

“My opponent is clearly ideologically aligned with our governor and will continue to be influenced by big money and special interests, rather than being accountable to our community,” Northrup said. “We need elected officials that work with and for the people — not career politicians who are disconnected from the issues we're facing." — Jason Beeferman

— Protesters gathered outside NYPD headquarters after they arrested nearly 300 protesters at Columbia University and CUNY College Tuesday evening. (State of Politics)

— The Department of Investigations probe of an Adams adviser is now expanding to include his role with NYPD personnel and promotional matters. (Daily News)

— Students at SUNY Stony Brook’s encampment were warned they might have to move to another location. (Newsday)