Assembly Action Highlights
The Week Ending April 2, 2004

Charles Carrier, Press Secretary

Joint Legislative Budget Conference Committee Reaches Agreement on Budget Reform

A Joint Legislative Conference Committee on Budget Reform co-chaired by Ways and Means Committee Chair Herman "Denny" Farrell, Jr., announced an agreement on reform measures to bring about timely budget adoptions by the Legislature.

Under the agreement, the governor's budget proposal would be required to include a two-year commitment in aid to education. It also would mandate that funding of the Health Care Reform Act (HCRA) be part of the state budget and establish an independent budget office to provide objective information to the Legislature on revenues, appropriations and other financial information. In addition, to ensure the availability of state monies for education aid in May and June, the plan would create an education reserve fund.

"I am gratified that the agreement includes the two-year forward funding of education, the inclusion of HCRA within the budget and the establishment of an independent budget office," said Silver. "These essential elements of reform will bring significant improvement to our state's budget process."

"The proposals that the conference committee has agreed upon will provide the tools to enact a timely budget that is fair and responsible, that addresses the needs of the people of New York State, and that enable our government to meet new challenges and opportunities," said Farrell.

Silver and Farrell thanked all the Legislators who served on the Joint Budget Conference Committee, particularly the Assembly Majority appointees: Alexander Grannis, Susan John and RoAnn Destito.

Silver: Zarb Commission's Report Fails To Provide Plan For New York's Children
'Delayed And Unoriginal Document' Continues Governor's Lack Of Education Leadership

Following the release of a report by an education commission appointed by Gov. George Pataki and chaired by former NASDAQ chairman Frank Zarb, Silver urged Gov. George Pataki, "To turn his immediate attention to the children of New York, their future and our obligation to provide them with the quality education they need and deserve."

Specifically, citing the commission's numerous delays in making its report public, Silver criticized the governor for continuing to "drag his feet" in meeting the mandate of the Court of Appeals, the state's highest court, in its finding last June that the state is shortchanging children in New York schools. In its decision, in a case brought in May, 1993 by the Campaign for Fiscal Equity (CFE), the court ordered the state to remedy the situation by July 30 of this year. It also has indicated it would appoint a special master to impose a solution if the state failed to act.

"Without question we have a clear legal and moral obligation to all our children," said Silver. "Unfortunately, even with the Zarb report, the governor's pattern of obfuscation continues," Silver said. "Why are we just receiving it on March 29, two days before the beginning of the state fiscal year? The governor's continued inaction demonstrates that he does not take CFE seriously."

Silver thanked Farrell and Education Committee Chair Steve Sanders for their assistance in analyzing the report and their commitment to addressing the CFE court decision by providing critical funding to the state's neediest school districts in this year's budget.

Assembly Passes Public Utility Safety Bill

The Assembly passed legislation aimed at ensuring the safety and reliability of New York State's energy infrastructure by requiring at least annual inspections of equipment and the reporting of incidents that could pose a threat to safety and or reliability. Silver says the bill is necessary because the current provisions governing the state's energy utilities are "woefully inadequate," and do not spell out the procedures that are required for a safe and reliable system of energy transmission.

The bill addresses the tragic death this past January of Jodie Lane, a Manhattan woman who was fatally electrocuted while walking her dog. It is sponsored by Energy Committee Chair Paul Tonko and Assemblywoman Deborah Glick, who represents the district where Lane was killed.

Under the bill (A.4297-B), the state Public Service Commission (PSC) would be required to adopt standards for equipment inspection, as well as requirements for reporting of incidences, such as the cases of people and animals coming in contact with electrically charged units. Electric and gas corporations, as well as municipal utilities, would be required to establish guidelines and procedures for the annual inspection of equipment and specify minimum categories of equipment that would be subject to inspection procedures. The bill was delivered to the Senate.

Silver, Lentol And Aubry Call On Governor To Enforce Megan's Law Enacted In 1995

Silver and Codes Committee Chair Joseph Lentol and Corrections Committee Chair Jeffrion Aubry issued a joint statement calling on Gov. Pataki to protect New Yorkers from sexual predators by enforcing provisions of Megan's Law.

In the statement, the speaker, Lentol and Aubry explained how, since 1995 when Megan's Law was enacted, sexual offender risk levels were established but never were enforced by the Pataki administration, thereby, allowing many offenders to avoid community reporting requirements.

"The administration has still not acted to establish and implement procedures for setting these risk levels. The result is that all of theses offenders, who now number approximately 7,900, continue to be classified at Level One rather than as Level Two or Level Three offenders, the two higher-risk categories established under the statue. Level Two and Three offenders are subject to tougher restrictions and significantly greater community notification under the law," the leaders said in a written statement.

"Since the enactment of Megan's Law, the Legislature has acted repeatedly to strengthen the statute. It is imperative that the governor enforce the law. The administration must focus on implementing its responsibilities under Megan's Law. Taking that action would make all New Yorkers safer," they said.

Assembly Seeks To Improve Holocaust Restitution Efforts

Silver and Banks Committee Chair Catherine Nolan announced Assembly passage of a three-bill package this week aimed at making the state's Holocaust Claims Processing Office more effective in its efforts to help individuals recover assets stolen from them during the Holocaust.

"For more than a decade, I have fought for the swift and full restitution of assets stolen from those who were murdered and imprisoned during the Holocaust. This legislation continues the Assembly's work," said Silver.

"The Assembly bills will increase awareness of the state's Holocaust Claims Processing Office and improve its efficacy," said Nolan. "The work of this office is so valuable, and we must ensure that it is able to serve New Yorkers to the fullest extent possible."

The overall goal of the Assembly's legislative package is to improve the state's Holocaust restitution efforts by requiring all banks doing businesses in New York State to inform accountholders of the state's Holocaust Claims Processing Office (A.10195); creating the New York State Banking Holocaust Advisory Board that will, after consulting with the appropriate organizations, make recommendations on how better to serve the victims and families of Holocaust survivors (A.10194); and mandate the state superintendent of banks to submit annual reports with respect to the activities of the Holocaust Claims Processing Office (A.10196). The bills were delivered to the Senate.

The Assembly Approves Bill To Keep Availability Of Affordable Housing In New York City

To ensure the availability of affordable housing in New York City, the Assembly approved legislation that would provide incentives for building owners to remain in the Mitchell-Lama housing program.

As Mitchell-Lama housing companies reach the buyout age of 20 years, many companies are opting to leave the program so they can receive a higher return on their investment. This measure aims to encourage more housing companies to remain in the program in order to continue the public's access to safe and affordable housing. Under the bill (A.9851), building owners would be allowed to generate a greater return on their housing units than the current law allows so long as they remain in the Mitchell-Lama program. It would require that rental charges would be subject to the annual rent increases established by the New York City Rent Guidelines Board, and it would provide real-property tax relief benefits to owners, as well as rent stabilization protections for tenants. The bill was delivered to the Senate.