Assembly Action Highlights
The Week Ending March 5, 2004

Charles Carrier, Press Secretary

Silver Assails Pataki Education Cuts, Renews Call For CFE School Funding In Budget

Appearing at an Albany school, Assembly Speaker Sheldon Silver spoke out against Gov. George Pataki's education cuts and renewed his call for this year's budget to include funds to address the recent Campaign For Fiscal Equity (CFE) court decision.

At the Arbor Hill Elementary School, which was named last month to the state Education Department's "Most Improved Schools" list, Silver held a news conference to highlight the tremendous progress by its students.

"This school is not only a testament to its dedicated staff and to committed parents, but it is proof positive that resources produce results. Arbor Hill Elementary's successful pre-K program, smaller class sizes, increased teacher training, after-school programs and improved student access to technology and labs are a model for student achievement and source of community pride," said Silver. "Without the necessary resources, however, we place in jeopardy our children's chances for achieving the higher standards we are now demanding of them.

"The governor's education cuts, coupled with his failure to address the CFE lawsuit in his budget proposal, shortchange our children and deny them the education they deserve and will need to compete for jobs in a global economy," said Silver.

"Failure to address CFE now will result in a court-imposed master who is obligated to follow the facts of the particular case and can only deal with New York City. By addressing the CFE decision now, in this budget, we can equitably provide for Albany schools and other high-need schools across this state, not just in New York City," said Silver.

Assembly Approves Bill To Raise State Minimum Wage
Bill Would Increase Hourly Rate From $5.15 To $7.10

Silver praised his colleagues for approving legislation aimed at lifting the minimum wage during the coming years to $7.10 an hour by 2006.

In announcing the legislation at a Capitol news conference, Silver also released a report, Rewarding Work: A Fair Minimum Wage. Joined by Assembly Ways and Means Committee Chairman Herman "Denny" Farrell, Jr. and Labor Committee Chair Susan John, Silver pointed to the report's analysis of the state's current minimum wage and its impact on working families in strongly urging the governor and the Senate to act swiftly in approving this measure.

"There are tens of thousands of New Yorkers who toil and struggle everyday to make ends meet, despite being employed. The state's failure to institute a minimum wage that lifts families out of poverty has only moved those ends further apart," said Silver. "Continued failure to address this issue will only exacerbate the challenges New York already faces in areas such as education, health care and unemployment."

Silver praised Farrell and John for their unwavering pursuit of legislation to ensure the state's working men and women receive a fair wage. Under the Fair Minimum Wage Act bill (A.9710, John), New York's hourly wage would increase incrementally from $5.15 to $7.10 as of January 1, 2006. The initial raise to $6.00 per hour would be effective October 1, 2004. The next increase would be to $6.75 per hour, effective July 1, 2005.

"While women account for less than half of New York State's workforce, they make up more than 60 percent of workers earning less than $7.10 per hour. This devastating statistic is further compounded by the fact that almost half of those women have children," said Farrell. "The time for action is long overdue. How can we as a state understand that 14.5 percent of all families - and 29.2 percent of female-headed households - live in poverty, yet fail to act? I join the speaker and Labor Chair John in calling on the Senate and the governor to join us in acting now to institute a decent wage."

"In New York, low-wage workers earning less than $7.10 per hour represent 17.3 percent of all state hourly wage earners. Adults between 20 and 64 years of age comprise 74.7 percent of those earning less than $7.10 per hour and 48.4 percent of these adults work full time," said John. "A fair minimum wage means that working men and women will be able to provide for their families. This legislation once again proves the Assembly's commitment to all New Yorkers to earn a fair wage for a days work."

The Assembly's legislation would increase New York State's minimum wage for the first time since March of 2000 and bring it to a level consistent with the neighboring states of Connecticut, Massachusetts and Vermont. The bill was delivered to the Senate.

Assembly Passes Mental Health Parity Legislation

The Assembly passed legislation that would require health-insurance companies to provide a level of coverage for the treatment for mental illnesses, emotional disorders and alcoholism and substance abuse that is comparable to the coverage currently provided for other physical ailments.

Known statewide as "Timothy's Law," the measure (A.8301, Tonko) would eliminate the discriminatory practices of the health-insurance industry that limit coverage for mental-health and chemical-and substance-abuse treatment. The bill, promoted by the Timothy's Law Coalition, a broad-based organization of mental-health and chemical-dependency service advocates, takes aim at the failure of many health-care insurance policies to cover mental-health and substance-abuse conditions and the discriminatory application of policy conditions and limitations.

Assemblyman Paul Tonko, the bill's author, noted that under current law, insurance companies may deny coverage for the diagnosis and treatment of mental illnesses and chemical dependency. In addition, insurance companies that do offer policies covering these areas may place a limit on the number of days or visits permitted in which an insured may receive treatment. "With advancements, treatment and prevention, the time has long since passed that we stamp out discrimination and injustice against those who struggle with mental illness and chemical dependency," said Tonko. The bill was delivered to the Senate.

Assembly Approves Ban On Public Authority Political Polling

The Assembly approved a bill that would prohibit public authorities from conducting political public opinion polls. The measure (A.8004, Sweeney) responds to an incident last year when the Long Island Power Authority (LIPA) conducted a poll that included questions about the performance of the governor, other elected officials and specific individuals seeking elected office.

Long Island Assembly members Robert Sweeney (D-Lindenhurst) and Patricia Eddington (WFP/D/I-Medford) and Energy Committee Chair Tonko called for the legislation's passage because they were outraged that LIPA could use public funds to purchase political polling services and that other authorities also might do so.

Sweeney, Eddington and Tonko cited an audit by the state comptroller that they said clearly shows how LIPA has not been acting in the best interests of ratepayers. They believe LIPA's questionable dealings make this reform legislation very necessary. The bill was delivered to the Senate.

Assembly Overwhelmingly Passes Veteran Vendors Legislation
Bill Would Ensure No Vending At Ground Zero

Silver and Assemblyman Steven Sanders announced the Assembly gave overwhelming, bipartisan approval to legislation that would impose restrictions on veteran vendors selling merchandise on New York City Streets.

The bill (A.9889, Sanders) would prohibit vending at Ground Zero, increase the number of disabled veteran specialized licensees allowed to vend in Midtown Manhattan and restrict vending in specific congested areas that otherwise would pose a threat to pedestrian safety.

"As New York City continues to rebound from the impact of September 11, resolving the question of veteran vendors has been critically important," said Silver. "This bill seeks to address the needs of the disabled veteran vendor community, the City of New York, affected businesses and the thousands of New Yorkers and tourists who frequent Midtown."

"This permanent law strikes the right balance in preserving the special vending privileges of disabled veteran vendors and also represents the legitimate rights of retail businesses," said Sanders.

"Ensuring disabled veteran vendors the right to make a living on the streets of New York City is, and always has been, a top priority for me. This is a very emotional issue with a proud history and it demonstrates our respect and commitment to the veteran community," said Assembly Veterans Affair Committee Chair Ron Tocci.

The legislation establishes a series of provisions to continue veteran vending in New York, including creating an additional 45 specialized vending licenses, restricting vending to within 10 feet of a street corner and authorizing the New York City Police Department to move a vendor under exigent circumstances. The bill was signed into law by the governor.

Legislative Joint Conference Committee Met To Discuss Budget Reform

The joint Legislative Conference Committee on Budget Reform conducted three public meetings to resolve differences between Assembly (A.9615) and Senate (S.1-A and S.2-A) legislation aimed at improving the state's current budget process.

Co-Chairs Assemblyman Farrell, Jr. and Senator Owen H. Johnson agreed to continue the budget reform discussions next week on Monday, March 8, at a time and place to be announced.