The State of New York State and the New Legislative Term

( Hans Pennink / AP Photo )
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Brian: It's the Brian Lehrer show on WNYC. Good morning again, everyone. The FBI is warning state governments of threatened armed protests at state capitols around the country in the coming days, just as the New Year is bringing a new legislative term to New York with a Democratic Party supermajority, and an appetite for progressive change.
Yesterday, Governor Cuomo gave the first of what he says will be four state of the state addresses, and the New York State Senate announced that it will kick off this term by passing a series of bills to fix some of the problems with how New York Votes. This all happens-- Well, and to talk about the new year in Albany, we are joined now by State Senator Zellnor Myrie who chairs the Senate committee on elections, and is a sponsor of the election reform bills.
His Brooklyn District includes parts of Brownsville, Crown Heights, East Flatbush, Gowanus, Park Slope, Prospect Heights, Prospect Lefferts Gardens, South Slope, and Sunset Park in Brooklyn. Maybe I didn't even leave any out. Hi, Senator Myrie. Welcome back to WNYC.
Zellnor: Always good to be with you, Brian.
Brian: First, I understand you're in Albany so are you seeing any threats or heightened security because of any threats of armed protests in the coming days?
Zellnor: We have, the state troopers have blocked off one of the main streets on the Capitol, there has been some increased personnel presence in the building. I was inside the Capitol yesterday to debate some of our bills and to see some of them come to passage and noticed a marked increase in security.
Brian: You've been critical of the NYPD's response to the violence in Washington, what are you looking to them for?
Zellnor: I think it's important that every New Yorker feel a level of comfort that if something tragic were to happen, if a violent insurrection were to take place in the City of New York, that the New York Police Department would be there to protect them.
Certainly, as an elected official but also as an individual who has gone out to peacefully protest and as a Black man that has grown up in this country and in the city, I thought it was really troubling, frankly, that we had not heard unequivocal condemnation of the violence and insurrection that we saw last week. I am hoping that going forward, that they leave nothing to speculation, leave no room for assumptions and make it clear that they are, in fact, on the people's side in this regard.
Brian: Tell me more about that. Who said what, and what are you looking for them to say?
Zellnor: We have seen in the past that the Police Department has issued statements after public safety threats throughout the nation. I think that has been welcomed given New York City's heightened sensitivity to terrorist attacks and threats to our public safety, and then we had the events of last week. One of the most tragic domestic incidents of insurrection and terrorism and the Police Department said nothing, the commissioner said nothing.
This comes on the heels of police officers being accused, and we just saw subsequently suspended for being white supremacists or trafficking in white supremacist language. This is on the heels of the unions for the Police Department endorsing the same president that has incited this violence.
I don't think it is hyperbolic for us to ask for reassurances that there is no complicity or no acceptance of what happened last week. We still have not received that unequivocal public condemnation and I'm hoping that we will get that in short order.
Brian: As somebody who does keep a watchdog's eye on the NYPD to some degree, we know that there have been questions at least about whether any NYPD officers participated in the insurrection last Wednesday. There have been reports of a couple of people from the Fire Department. Do you know of any?
Zellnor: I do not and I think that it is incumbent on the department to be as frank and transparent if that arises. Think about this, Brian, if imagine an officer who went down, participated in this insurrection and then came back to the city and patrolled our streets, patrolled my neighborhoods in Brownsville, in Sunset Park, in Crown Heights, the public has a right to know whether or not that is the case or whether or not that is potentially the case, and so I think that it's a serious, serious issue for which the department should be as transparent as possible and I don't believe frankly, that they have the capability to investigate themselves. I would hope that any authority with jurisdiction would step in as well.
Brian: How much work is being done on-site at the state Capitol right now, given the security concerns and COVID-19 restrictions?
Zellnor: As you may know, the Capitol Building itself is closed off to the public for COVID-19 restrictions and so it is only employees that have been in the building. Legislatively, we have started off the session and we are continuing our pace and we plan to keep things as normal as possible with COVID-19 restrictions within the chamber itself, and so the people's work must continue. Me and my colleagues, both the Democrats and the Republicans have agreed to continue the work of the people of the State of New York, but the COVID-19 restrictions and these new threats of violence will further restrict our movements within the capital.
Brian: If you're just joining us, my guest is Democratic State Senator Zellnor Myrie of Brooklyn and Governor Cuomo gave yesterday state of the state address virtually, meaning streamed with no attendees in the room. Here's 44 seconds of how he described the state of the state.
Cuomo: What is the state of our state? Well, in some ways it is like the state of the nation, and indeed the state of the world. We are hurt, we are frustrated, we are in mourning, we are anxious. We are shocked that an invisible enemy could wreak such death and destruction, especially in this, the wealthiest and most powerful nation on earth and it was not only the virus itself that showed our vulnerabilities, it's that COVID created low tide in America and the ugliness that lurked below the surface was exposed and became visible for all to see. The racial divisions, the religious tensions, the government incompetence, the healthcare disparities, the social injustice.
Brian: A pretty apt 44-second description of the state of the state in your view, Senator?
Zellnor: I think th governor captured how fraught the state of the state is and I think it is accurate to say that many of us are experiencing a wide range of emotions whether that be mourning or anxiety address uncertainty of what is coming forward.
What I think is important for New Yorkers is that their government respond accordingly. We are in a once in a century pandemic and the government should be responding in a once in a century fashion. It isn't a time for us to carry along the status quo, the solutions to our problems should be bold. I also think it's an opportunity for us to rebuild many parts of our society that we took for granted prior to this pandemic.
Brian: Listeners, we can take a few phone calls for State Senator Myrie at 646-435-7280, 646-435-7280. I'll play one more clip of the governor because he also sees opportunity in this crisis.
Cuomo: There are moments in life that can change a person fundamentally. Sometimes for the better, sometimes for the worse. Likewise, there are episodes in history that transform society and COVID is one of those moments. New York sees the moment for the crisis it is, but also the opportunity it presents.
Brian: One area of opportunity would be election reform and the problems that arose in the November voting with long lines for early voting in New York State and long delays in counting. Governor Cuomo did express support for election reforms in the speech and the Senate did hold hearings yesterday. I see on this package of bills. Tell people about it, because I know you're very involved in this. Do all the reforms apply to absentee ballots or what's included?
Zellnor: The overwhelming majority of bills that the Senate passed yesterday had to deal with absentee ballots. I agree, Brian, that this crisis has allowed for us to figure out how we can make our democracy even better. We saw a number of issues in November around the counting of absentee ballots, how long it takes to do so and so yesterday we passed Senator Mike Gianaris's bill that would help speed up the processing of absentee ballot.
If we were a swing state, we would have been the source of national scandal. Many of our elections were not called until many weeks after and we, unfortunately, have the dubious distinction of having the only House race in the entire country that is yet to be called in the New York 22nd.
So we passed some things to make the absentee ballot process start earlier. We made permanent some changes that were temporary due to COVID last year, so you can apply for an absentee ballot via email. You can apply for it earlier in the election season, and we're also going to be doing some second passes on constitutional amendment resolutions that would allow for same day registration and no-excuse absentee ballots.
Brian: Let me get your reaction to some breaking news from the governor's news conference just now, I don't know if you've heard this yet, but apparently according to our newsroom, the governor is now opening vaccine sign up to anyone over 65 and immunocompromised people of any age according to the new CDC guidelines, which he's decided to follow.
However, we're still at a supply rate of 300,000 doses per week so it could take six months at that rate just to get through the currently eligible New Yorkers and also they need to come up with a list of who counts as immunocompromised. So is this news to you and what your reaction to it on first blush?
Zellnor: It is news to me. I think I welcome more access to the vaccines. This is clearly, I think one of the primary ways we are going to see our way through this crisis as it pertains to getting us out and giving as many people access to it as possible. I think this is a good step. I think any objective analysis around the vaccine rollout would arrive at the conclusion that things have not been as efficient as they should have been.
We've had a lot of time to prepare for this moment and so I look forward to working with the governor and the Department of Health to ensure that the vaccine is given out in an equitable way and done so in a way that makes sense for as many New Yorkers as possible.
Brian: Let's take a phone call. Theo in Harlem, you're on WNYC with State Senator Zellnor Myrie. Hi, Theo.
Theo: Hi, Brian, always a honor, thanks for us. I was just calling to check in about the HEROES Act and see if the senator know anything about the hazard pay that has been dangled out there for the essential workers in the city?
Zellnor: Thank you for the question, Theo, and for the listeners, the HEROES Act is a bill sponsored by Senator Gianaris in the Senate. I believe assembly member Karines Reyes in the assembly that would provide extra protections for our essential workers. It is a bill that I support. I believe that we are going to be having serious discussions about this going forward in the session and I look forward to doing so.
I remember at the height of our pandemic, us clapping at 7:00 PM every night for our essential workers and while that may have dissipated, I think it's important for us to not just remember them in applause, but to do so in policy and I look forward to trying to get it across the finish line.
Brian: Craig in Queens, you're on WNYC with Senator Myrie. Hi, Craig.
Craig: Hey, good afternoon, Brian, or morning. I want to know, is it possible for the state senator to- him and his colleagues to get ready this tax abatement that's given for real estate for new construction? Some of it is 10 years. Some of it is 15 years in different areas. I think right now the city needs the income with all the development going on, we need the income, we gave abatements when we needed people to move to the city.
Now we have people living here and everybody should pay their full share. I saw that in Long Island City when the abatement was up, and people had to pay the adjusted tax rate. It was a protest because people felt like they shouldn't have to pay the rate. I purchased my house with a loan 15 years ago and the community that was challenging, I didn't get a tax abatement. I paid my property tax every year and I think instead of taxing the rich and doing everybody for their full share, we'd get more with less.
Brian: Craig, thank you. Senator.
Zellnor: Craig, I think it's an excellent point that you raise. One of the premier tax abatements that we give is something called 421(a). Last session, I introduced a bill to repeal that tax abatement for some of the very reasons that you were putting forward.
We don't give our homeowners the same incentives and tax credits and tax abatements to upkeep their homes and to build the very communities that these large developments now take advantage of being in. I'm in support of that. I think the framing is also very important for this conversation that we're having around revenue. What we are talking about is individuals paying their fair share and this is not just an attack on any one class of individuals but really in a state of pain that we are in in New York, it's important that that pain be shared equally by all, and for those who can afford to pay more we should do that.
I think that applies in the tax abatement for developers' space as well, and so I'll be pushing for that. I think that this Democratic majority by way of our leader, Andrea Stewart-Cousins has expressed that we're going to be having some action on that front.
Brian: Well, what do you think you're going to pass or what do you want to pass with respect to taxes? One thing that was notable in the governor's state of the state address yesterday was that he did not express support for raising income taxes on people with $1 million a year or more incomes, the so-called millionaire’s tax.
I know that you're also considering a $3-tax on many online ordered deliveries and you're considering raising taxes on stock transfers. Which of those do you think will go through now that you have a supermajority in the legislature and which would you like to see go through, one or two or all?
Zellnor: I think we are in a serious crisis and it requires a crisis response and so I think everything should be on the table and Senate Majority Leader, Andrea Stewart-Cousins has said publicly that it's important for the wealthy and the well-off to pay their fair share during this moment of crisis. I think we're going to be having a pretty robust discussion around all of those.
I will say that I think economists have been clear on what the implications of raising taxes on the wealthiest earners have been. I know that there is a trope out there that they will leave the state that has not been borne out in the evidence. I know that there is a lot of anecdotal references to people leaving the state because of taxes, but the data suggests otherwise.
I think that when we have this discussion for our listeners, the New York State budget has to be passed by the end of March and so those discussions will be heating up very shortly, but I think that this is a time where anyone who has done well during this pandemic should be helping the State of New York to weather this crisis, and so I'll be pushing for many of the measures that you mentioned.
Brian: Briefly, what about the politics of that? Because you have a supermajority, meaning enough Democrats in the Senate and the assembly to override a gubernatorial veto in theory, but do you find the same progressive versus moderate Democrats divide in Albany that we're finding among Democrats in Washington?
Zellnor: Brian, I actually think that there's pretty broad consensus that something needs to be done on the revenue side that we have not done in the past 10 years. I think this is about a correction of a policy that gave tax breaks to the wealthy and the well-off, and I think that there is whatever side you fall on the democratic spectrum it is clear that the state will need revenue to keep our schools, to keep our hospitals, to keep our cities running during this pandemic and there are those who have benefited from this crisis that frankly, need to pay up.
I think that this is actually not as contentious as Spokes make it out to be and of course, the devils are always in the details and we will be working through that as we approach the budget deadline, but I think there's pretty strong consensus that we need to do something on the revenue side that is significant and that will really meet the moment.
Brian: Last thing before you go, the governor mentioned in his speech, the spike in gun violence that we've seen during the pandemic, and some of that's in your district, and I understand you're proposing two bills to address it. What have you got?
Zellnor: This is one of the most important issues to me, Brian. We have seen marked increases in gun violence in my communities, certainly in the ones that I represent, but throughout Brooklyn and throughout the state, and this is a marker of gun violence going up across the entire nation.
I am proposing a bill that would get to the source of these instruments of violence, and it would hold gun manufacturers accountable for the violence that their products are the consequence of in our community. 74% of the guns found in crimes in the State of New York come from other States.
Gun manufacturers have done very well during this crisis. In fact, the last economic quarter was one of the most successful in the gun industry's history. I think that there has to be accountability if it is your business practice to let guns flow into the illegal market that end up killing kids in Brooklyn. We will be pushing very hard for this and hopefully, I will be back on to talk about some of those details.
Brian: We'd love to have you to talk about some of those details. As we end for today with State Senator Zellnor Myrie who chairs the Senate Committee on Elections and is a sponsor of the Election Reform Bill as we were talking about earlier. His Brooklyn District includes parts of Brownsville, Crown Heights, East Flatbush, Gowanus, Park Slope, Prospect Heights, Prospect Lefferts Gardens, South Slope, and Sunset Park. Senator, thanks as always.
Zellnor: Thanks so much for having me, Brian.
Brian: Brian Lehrer on WNYC, stay with us.
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