Assembly Launches 2005 Legislative Session with Major Governmental Reform Package

Speaker Silver, surrounded by members of the Assembly Majority Conference, outlined the Assembly's 2005 Legislative Session's reform agenda for reporters at a Capitol news conference. Audio Excerpt 1 (24 seconds) Audio Excerpt 2 (35 seconds) Audio Excerpt 3 (18 seconds) View Transcript

Assembly Speaker Sheldon Silver today marked the opening day of the 2005 legislative session by announcing a comprehensive set of governmental reforms, terming the package of bills "the next step of the Assembly's agenda for real reform."

Silver outlined the legislation at a Capitol news conference immediately before the Assembly was set to adopt a series of bipartisan resolutions that would make major changes to the rules that govern the Assembly's legislative and operational processes.

Speaking on behalf of the Assembly Majority Conference, Silver said the goals of the reform agenda extended from ensuring that state purchasing and other expenditures are made in the best interest of taxpayers, and holding public authorities and public benefit corporations accountable for their actions to improving the state's budget process.

Other aspects of the Assembly's agenda for change would reform judicial selection and campaign finance laws and modernize our election process by bringing New York State into compliance with the federal Help America Vote Act (HAVA). Silver also said the Assembly would continue to pursue the fundamental reforms still necessary to complete an overhaul of the Rockefeller drug laws.

"The Assembly's actions are about promoting open, good government," said Silver. "These bills represent a critical step in the Assembly Majority's efforts to bolster public confidence in the practices employed by state and local government, whether in conducting our elections or in contracting for a host of goods and services.

"With these comprehensive and far-reaching governmental reform measures, this, the People's House, is making a statement that we stand ready and eager to address concerns that the people have raised, concerns supported by media accounts and the Assembly's own investigations into the way New York State government should be working but is not under this administration," said Silver. "The public demands and is entitled to an efficient, accountable and honest government, and we are committed to making that happen."

Improving the legislative process

Assemblyman Jack McEneny, chair of the Assembly Steering Committee, explained the bipartisan agreement that would make significant changes to Assembly rules.

Among the Assembly rules changes expected to be adopted today with the support of both Democratic and Republican members are provisions that would end so-called "empty seat" voting, institute Tuesday sessions to allow for greater review and debate of legislation, overhaul the Assembly's Rules Committee by clarifying the committee's function as a means for scheduling floor action and make its meetings, which will have published agendas, open and public, expand the time for bill introductions, thereby reducing the use of the Rules Committee and require both houses to adopt budget resolutions by early March in order to bring about an on-time budget.

"These historic rules changes are the result of countless conversations with members from both sides of the aisle on how to make positive changes in the rules of this house," said Assembly Majority Steering Committee Chair Jack McEneny (D-Albany). "I am thankful for and proud of the sincere efforts by members of the Steering Committee and each individual member whose thoughtful contributions and input resulted in these changes."

Reforming the state's budget process (A.1, A.2)

Assemblyman Herman"Denny" Farrell Jr., chair of the Assembly's Ways and Means Committee, pledges to continue to push for budget reform legislation to bring about an on time budget. Farrell said the Assembly plans to give second passage to the constitutional amendment and implementing legislation this year.

Last year the Legislature passed a bipartisan constitutional amendment reforming the state's budget process and ending late budgets forever. The Legislature also passed implementing legislation that was vetoed by the governor. Following initial passage of the constitutional amendment last year, approval this year would place the measure before the voters in this November's general election for final approval. The legislation would move the start of New York's fiscal year from April 1 to May 1 to allow for better revenue and spending projections and institute provisions to instill greater accountability in the process. If no budget is passed by May 1, a contingency budget equivalent to that of the preceding year would take effect.

"Once this passes both houses and the voters ratify the constitutional amendment, we in the Legislature, will have an improved budget process that will aid us in delivering an on-time budget to the people of New York," said Assemblyman Herman "Denny" Farrell, Jr., chair of the Assembly Ways and Means Committee.

Public Authority Reform (A.3)

This bill would provide critically needed oversight of the many public authorities and public benefit corporations that have been created by the state. Noting that billions of dollars are expended each year by the dozens of state authorities that currently operate outside public scrutiny, Silver said the bill would provide significant improvements in transparency and responsiveness relating to authority operations, the need for which was highlighted in 2004 through a series of public hearings conducted by the Assembly.

Assemblyman Richard Brodsky, chair of the Corporations, Authorities and Commissions Committee affirmed the Assembly's promise to review the state's public authorities and public benefit corporations thoroughly to ensure they are serving in the interest of the people of New York State.

Citing controversies at the Metropolitan Transportation Authority (MTA), the Thruway Authority and the Canal Corporation, Silver said the reforms would implement a system of accountability that includes a statewide independent inspector general and independent budget officer and would require each authority to appoint a central procurement office to monitor procurement lobbying contracts.

"The lack of public accountability exhibited by New York's public authorities and public benefit corporations, such as the MTA and the Empire State Development Corporation, simply underscores what the Assembly has been saying all along - the need for reform is long overdue," said Silver.

Other provisions of the bills would establish comprehensive rules for the sale or resale of personal property owned by public authorities and other public benefit corporations.

"These proposals build on the Assembly's efforts to reform public benefit corporations and authorities. For too long their operations have lacked public scrutiny and accountability. Our initiatives will protect New Yorkers from the secretive operations of these entities," said chair of the Assembly's Corporations, Authorities and Commissions Committee, Richard Brodsky (D-Elmsford).

Cleaning up New York's campaign financing (A.4)

The Assembly's campaign finance reform measure would provide public matching funds to candidates for state office who limit contributions and campaign spending. The legislation would:

• set limits on the amount of money that can be donated to candidates or political committees;
• close loopholes that allow corporations to avoid campaign contribution limits by funneling donations through subsidiary companies; and
• ban fundraisers by state legislators or statewide candidates within 40 miles of Albany during legislative session days.

The legislation also bans unlimited "soft money" contributions to political parties' housekeeping accounts. Those accounts are currently exempt from the contribution and receipt limitations applicable to campaign accounts.

"Enactment of meaningful campaign finance reform is absolutely critical to ensuring integrity in New York's campaigns," said Assemblyman Keith Wright (D-Harlem), Elections Committee chair. "The Assembly's campaign finance reform measure is designed to stem the influence of special interest money on elections."

Help America Vote Act (A.5, A.119, A.120, A.121, A.122)

Assemblyman Keith Wright, chair of the Election Law Committee, strongly called for an agreement between the Assembly and Senate on the Help America Vote Act (HAVA). Wright estimates that the state will lose up to $250 million in federal dollars if it fails to enact HAVA.

This important reform legislation is aimed at ensuring the integrity of New York's electoral process and bringing New York into compliance with the federal Help America Vote Act (HAVA) of 2002.

The federal government requires each state significantly revise its election administration system and provides federal funding to purchase new electronic voting technology by 2006. These reforms are designed to help states create a uniform, computerized voter registration list, implement new voting system standards, take certain steps to verify voter identity and assist states with establishing standardized electronic voting machines. In order to receive federal funds available under HAVA, each state must design a plan, pass enabling legislation and appropriate funds to modernize its voting procedures. The process must be based on citizen participation and public review to comply with the federal HAVA law.

"Enacting HAVA reform into law is something that is long overdue. The Assembly remains committed to providing the voters of this state an electoral system that protects democracy and encourages broad participation. We hope we can quickly reinstitute the conference committees from last session which were working to resolve the differences between the two houses," said Wright.

Reforming Empire Zones (A. 6)

Assemblyman Robin Schimminger, chair of the Economic Development, Job Creation, Commerce and Industry Committee explained the need to reform the state's Empire Zones, a highly effective economic development program, first proposed by Speaker Silver in 1999, that has been criticized for abuses that have occurred in the way the zones are administered and designated.

The Assembly's comprehensive Empire Zone reform legislation would reform the program to:

• require each zone to reconfigure its boundaries to address more efficiently the needs of distressed communities and prevent the zones from sprawling into undeveloped space or more desirable suburban locations;
• mandate the state Department of Taxation and Finance certify that businesses receiving tax benefits through the program are legitimate;
• require annual reports to inform policymakers about the program's job creation record;
• ensure that Zones are designated on the basis of need; and
• replace the Empire Zones Designation Board, currently controlled by the state Empire Development Corporation, with a three-member control board.

"Of all the economic development programs launched to jump-start New York's economy, the Empire Zone Program - a program championed by the Assembly's Majority - is clearly a bright light. We need to continue this valuable program and better focus it to maximize its intended impact," said Assemblyman Robin Schimminger (D-Kenmore), Economic Development, Job Creation, Commerce and Industry Committee chair.

Judicial Selection Reform Legislation (A.7, A.8)

Assembly Judiciary Committee Chair Helene Weinstein reiterates the Assembly's commitment to judicial reform legislation to ensure that that the highest standards are applied in selecting judges to run for state courts.

The Assembly Judiciary Qualification Act would establish an impartial screening process for choosing elected Supreme Court justices and a range of appointed judges. Another bill would create a New York State judicial election campaign fund for the public financing of judicial campaigns.

Under selection process reforms, justices serving on the state Supreme Court and in other judicial offices would be chosen from a pool of candidates who are well qualified, ethical and committed to the fair administration of justice. The judicial election campaign fund would allow candidates to have access to public campaign funds and set a $500 limit as the maximum individual contribution to a judicial race.

"The enactment of this legislation will help ensure that New York's judiciary meets the highest standards of judicial ability, ethics and integrity and foster an improved quality of justice for New Yorkers who come in contact with the state's criminal or civil justice systems," said Assemblywoman Helene Weinstein (D-Brooklyn), Judiciary Committee chair. "In creating a new Commission on Judicial Diversity, and in requiring screening panels to reflect the diversity of each judicial district, we will also improve public confidence in the administration of justice by promoting a greater representation of minorities and women on the bench."

Procurement Lobbying (A.9)

These reforms would regulate the interactions between lobbyists and government officials. Current law requires disclosure of any lobbying associated with legislation but does not cover the awarding of state or municipal contracts or the implementation of state agency rules or the governor's executive orders.

Assemblyman "Pete" Grannis highlights for reporters Assembly legislation to reform government procurement lobbying in order to bring about more transparency and disclosure in the awarding and administration of contracts by state agencies. Assemblywoman RoAnn Destito, chair of the Government Operations Committee, also spoke about how critical it is for the Legislature to reform the state's procurement process to ensure public confidence in how government makes contract decisions.

Under the reforms, the definition of lobbying would be expanded to include efforts to influence the action of any public official - state or municipal - regarding the procurement of goods and services or relating to construction projects and the sale or acquisition of real property. It would also encompass efforts to influence the implementation of rules and regulations, as well as executive orders issued by the governor.

The initiative includes efforts to influence the approval, implementation and administration of tribal-state compacts, memoranda of understanding and any tribal-state agreement or any state actions relating to casino gambling, except to the extent barred by federal law.

"This bill will make a significant, long-needed improvement in the public's ability to evaluate the propriety of specific attempts to influence government actions," said Assemblyman Pete Grannis (D-Manhattan), a long-time proponent of procurement lobbying reform. "This bill focuses on a field of lobbying, procurement contracts, in which billions of dollars of public money are spent every year, but the lobbying activities related to it have largely been shielded from public scrutiny. The requirement that lobbyists disclose their activities and how much they are paid for those activities will allow people to more easily connect the dots between campaign contributions, lobbying activities and contract awards."

"It is both appropriate and necessary that those individuals who lobby for state and municipal contracts report on their activities. It is of equal importance that we have expanded the Lobbying Commission's jurisdiction to include procurement contracts. By doing so, we have significantly increased accountability for contracts and ensure state dollars are wisely spent. Ultimately, this will enhance the public's right to know and reinforce the public trust," said Assembly Governmental Operations Committee Chair RoAnn Destito (D-Rome).

Rockefeller Drug Law Reform

Calling last year's agreement on Rockefeller Drug law reform "an important step in the right direction," Silver said the Assembly will continue to work for a more meaningful and comprehensive reform of these much-criticized laws by restoring judicial discretion in the prosecution of drug offenses.

Assemblyman Jeffrion Aubry, chair of the Assembly Corrections Committee said the Assembly will continue seeking further reforms of the Rockefeller Drug Laws by building on the bipartisan agreements reached in the 2004 session

Assembly Corrections Committee Chair Jeffrion Aubry, the author of last year's historic legislation that partially reformed the laws, noted that while recently enacted legislation reduced some of the onerous, draconian sentences under the statute, that legislation did not provide judges discretion to sentence low-level, non-violent, addicted offenders to drug treatment as an alternative to incarceration. Aubry noted that such legislation had been repeatedly passed by the Assembly.

"The Assembly is continuing our commitment to bring about substantive, meaningful reform. This issue remains a priority for us and we are taking the necessary next steps to achieve changes that will result in more enlightened and effective policies to deal with our state's serious drug problem," said Aubry (D-Queens), chair of the Corrections Committee.

"All the measures contained in this reform agenda were advanced by the Assembly last year and continue our commitment to bringing real reform to state government," said Silver. "We call on the Senate and governor to work with us in implementing real change."

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