[music]

Brian Lehrer: Brian Lehrer on WNYC. The legislative session in Albany is winding down with a few notable wins for Democrats in the legislature, and at least one major failure. You've probably heard this. Despite a long battle with Governor Kathy Hochul, they were unable to pass any meaningful legislation to begin to address the affordable housing crisis. Now, the wins were there, like a bill to seal criminal records after a certain amount of time, and one to create a commission to study reparations for Black New Yorkers.

Among other things, these head to the governor's desk. Joining us now to talk about what's in, what's out, what wasn't accomplished as the legislative session comes to an end for 2023, and what the governor might sign or veto is Luis Ferré-Sadurní, New York Times, Albany bureau chief. Luis, welcome to WNYC.

Luis Ferré-Sadurní: Thanks for having me, Brian.

Brian Lehrer: Just a quick technical question first. It seemed like the legislative session ended over the weekend, but now I'm seeing the Assembly will be reconvening again soon. Can you explain what's going on? Does it mean that something's not completed, not resolved yet as to whether it's going to be passed or rejected?

Luis Ferré-Sadurní: Correct. That's what we thought. We thought this would all end up over the weekend. The State Senate passed all the bills that they had to to end the legislative session. The Assembly, it seems ran out of time. They adjourned on Saturday after voting late into the night. They held marathon sessions of debate, and they still have a few bills to go. We're hearing they'll be back in a few weeks. We don't know exactly when, but they'll be back in a few weeks, back to Albany to vote on the remaining bills they have to get done.

Brian Lehrer: Let's do the bad news for many of the Democrats in the legislature first. For months now, lawmakers have been in battle with the governor over how to create more affordable housing. You reported on a last-minute deal on housing fell to pieces on Thursday. What was in that Hail Mary package, and how close did it come?

Luis Ferré-Sadurní: Sure. For a bit of context for listeners, as you said, housing has been a big topic being debated in Albany this year. The governor put forth a pretty ambitious housing plan to build 800,000 homes over the next decade during state budget negotiations. That was opposed by lawmakers a few months ago, particularly because of opposition in the suburbs. Lawmakers said that they would look at housing again before the end of this legislative session. Over the past few weeks, lawmakers met to negotiate some sort of deal between the State Assembly and the State Senate.

We heard that included a measure like good cause eviction, which would protect tenants from higher rents and evictions. It would've extended a tax break called 421-a that helps build more affordable housing. It would've helped offices be converted into apartments. That was coming together at the last minute last week, but then it all fell apart, as you said. They're leaving Albany without addressing any of these major housing components.

Brian Lehrer: Let me move on from housing. There was so much that we could say about housing, but I want to move on from that to the bill to seal convictions after a certain period of time. Now, this is something that, of course, criminal justice reform advocates have wanted under the premise that, "Look, you do a crime, you serve your term. Okay, maybe employers or landlords are going to ask you about that, but not for the rest of your life." What got through?

Luis Ferré-Sadurní: Sure. This is a bill called the Clean Slate Act. It's been a priority for Democrats over the past few years since they took over in Albany. It's a big priority for criminal justice advocates. Basically what it does, it automatically seals the criminal records of people who have stayed out of trouble for a set period of time after being released from prison. That would be eight years for felonies and three years for misdemeanors. It was supported by--

Brian Lehrer: Can I say that that seems like a pretty long time. I don't know who objected to that, but if you've stayed out of trouble for eight years after you've served your term, I'm not sure who was saying that's unreasonably short. Did that get through pretty easily?

Luis Ferré-Sadurní: It was a divisive measure, but it got through in the end. There are some exceptions for some of the most serious crimes. Class A felonies like murders, kidnapping, or terrorism would not be sealed, neither would sex crimes, for example. The governor has been generally supportive of the bill. She negotiated some of the terms with the legislature, but we still haven't heard from her directly as to whether she intends to sign it, but that's the expectation that she will.

Brian Lehrer: Oh, so the governor hasn't declared on that one. You say the expectation is that she will. Why is there mystery about that? Why wouldn't she have come out one way or another along the way?

Luis Ferré-Sadurní: The governor has been cautious about declaring her supporter or opposition to a bill since she took office. She has taken her time after legislators pass bills to review them, sometimes amend them before signing them, or vetoing them. In the case of the Clean Slate Act, she hasn't directly said whether she will sign this particular version of the bill, but again what we're hearing is that that's the expectation that she will when it comes to that.

Brian Lehrer: A few more minutes with Luis Ferré-Sadurní, New York Times, Albany bureau chief as we talk about what's in and what's out in the almost final version of what the New York State Legislature accomplished, and didn't in this session. We might be able to get in a phone call or two here as we go point by point, 212-433-WNYC or a text to 212-433-9692. Something that Governor Hochul did veto last year that, I guess, is going back to her is called the wrongful death bill. It is back to her desk again this year. Tell us what the wrongful death bill is, why she turned it down the first time, and if you think she will again?

Luis Ferré-Sadurní: Sure. The wrongful death law has been discussed for years in Albany. Last year, lawmakers passed a bill that basically would allow people to seek damages for, "The emotional loss of a death." That could lead to bigger payouts for fatal accidents, or medical errors. That was passed in the eleventh hour last year's legislative session, but the governor vetoed it earlier this year. She had concerns that it was overreaching, that lawmakers hadn't properly evaluated its impact that it could hike insurance premiums, which was a concern that the business community had and medical organizations.

The lawmakers passed it again this year. They watered it down a bit, they tweaked it to, for example, shorten the statute of limitations on the bill, and some other technical modifications. It is unclear if the governor will sign it. She has not weighed in one way or another. She said that she's reviewing the bill. That remains up in the air. She has until the end of the year to really consider it. We might not know till the end of the year how she decides to go on this bill.

Brian Lehrer: Let me ask you about another one that it looked uncertain whether it was going to get through. This is a bill passed by the Senate, but I don't know what happened in the Assembly that would create an Asian American, Native Hawaiian, and Pacific Islander history curriculum in the public schools statewide. From what I read, it would include instruction on policies, I'm reading from Political Now, policies that affected those New Yorkers and Americans, and their contributions to various fields.

Also, would touch on historical events that have harmed the communities, as well as solidarity between historically marginalized communities. This is AAPI, or the more expanded AANHPI history and civic impact curriculum. The Senate approved it. Do you know if the Assembly did?

Luis Ferré-Sadurní: Brian, you actually got me there. I'm not sure if they got around to it by the time they gaveled out on Saturday. There were two bills that both houses did pass. One would make Diwali, which is the festival of lights as it's called, celebrated by Indian and Southern Asian cultures, a holiday in New York City. Then the other one would make the Lunar New Year, which is very important for Chinese and other Asian cultures a statewide holiday as well. Those were two bills that did get over the finish line. I'm not entirely sure the Assembly got around to the first one you mentioned.

Brian Lehrer: Jason in Red Hook has a question about a bill that we've covered here before, and I don't know if it got through. It didn't get through last year, even though it was debated. Jason, you're on WNYC. Hello.

Jason: Thanks so much. Right. Medical aid and dying, which I could probably rename the wrongful suffering act because many states, including New Jersey, Vermont, several other states allow terminally ill individuals to have basically assistance in the dying process. There was a 25-year-old girl, had a cancer that she went through a ghastly death, and her parents were advocating for this. My understanding quickly is that many legislators, over 60% of New Yorkers support this, but the legislative leaders are blocking this. I'd love you to have Assembly member Paulin back on to talk about this, Brian. I'm very frustrated by the inaction on this. Thank you.

Brian Lehrer: About 10 states have that I know and advocates for compassionate dying, especially for very old terminal patients to have that choice has been debated in Albany. Do you know, Luis?

Luis Ferré-Sadurní: That's been debated for a few years, it did not come to a vote. This year again, it is somewhat divisive. It has its critics. As I understand it, the Catholic church and some disability rights organizations have come out against the bill, so that did not come up for a vote. I'm sure advocates will be back next year to keep pushing for it to make New York one of the 10 states, and I think Washington, DC as well to have medical aid in dying.

Brian Lehrer: All right. Two more, real quick. The bill to study reparations for all Black Americans, especially descendants of people who were enslaved. We've been covering California's Task Force that was empaneled and actually came back with a report now on ways to do that. Is New York going to officially study reparations?

Luis Ferré-Sadurní: New York is officially going to study reparations if Kathy Hochul signs the bill. Both houses passed a bill that would create a commission to study the effects of slavery and any remedies that should be instituted. The commission is expected to be pretty broad and study slavery's effects on housing discrimination, policing, income inequality, incarceration. It's unclear the governor will sign it yet.

If she does, the commission would have a year and a half to come back with a report as to their findings and any reparations. Then those recommendations would need to be approved by lawmakers. They wouldn't be binding, they would probably be very hotly debated in Albany if anything gets done on that.

Brian Lehrer: Last thing, I see some lawmakers wanted to restore the name, the Tappan Zee Bridge and strip Mario Cuomo's name from it. Did it pass?

Luis Ferré-Sadurní: That passed the State Senate, but not in the Assembly so far. The Assembly still has to come back. Who knows if it gets a last-minute vote, though that was not the expectation. Last we heard, over the weekend there's been a push to rename the Tappan Zee Bridge and include the Tappan Zee Monica back in the bridge's name after former Governor Andrew Cuomo resigned. We'll see if that comes up in the Assembly and pass in the Senate, so remains to be seen.

Brian Lehrer: Oh, would that make it the Mario Cuomo Tappan Zee Bridge? They would just reinclude Tappan Zee, or would it strip the Cuomo name? I realize it didn't pass. It's all theoretical at this point, but what were they trying to do?

Luis Ferré-Sadurní: It would reinclude the Tappan Zee name into the Mario.

Brian Lehrer: They would add it. It would be both. All right. As an addendum to these things that Hochul might veto, the legislature could override a veto with a two-thirds vote. Any prospect of that, or have they now gone home until January?

Luis Ferré-Sadurní: The Assembly has to come back. Democrats have super majorities in both houses, so they could technically override a veto if that comes to fruition. It's a power that Democrats have not used so far in the few years that they've had it. They've been very cautious about it. It would require not having any defections from members of their own party to vote against overriding a veto. Even though they have the power, it can be tricky to wield, but we'll see. It all depends on the governor and what she decides to sign and veto. We'll see in the coming months.

Brian Lehrer: All right. There folks you have what we could get through of the is it in or is it out New York State Legislature end of session checklist with Luis Ferré-Sadurní, New York Times, Albany bureau chief. Luis, thanks so much.

Luis Ferré-Sadurní: Thanks for having me, Brian.

Copyright © 2023 New York Public Radio. All rights reserved. Visit our website terms of use at www.wnyc.org for further information.

New York Public Radio transcripts are created on a rush deadline, often by contractors. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of New York Public Radio’s programming is the audio record.