Assembly Speaker Sheldon Silver said today that the Assembly had achieved many important goals during the 2008 Legislative
Session and said the Assembly remained committed to addressing the needs of working families and all New Yorkers.
"Considering all of the tumult New Yorkers endured in the first half of this year, the 2008 Legislative Session was
remarkably successful, though our work is not done," said Silver (D-Manhattan). "In a time of economic challenges
and political distress, Governor David Paterson worked with the Legislature to achieve a balanced and on-time budget, and
helped us to enact important legislation that prevents foreclosures, saves OTB jobs, keeps guns out of the hands of criminals,
ends mandatory overtime for nurses, strengthens the protections provided in Jonathan's Law, and reforms the state's brownfields
program, which is essential for upstate job creation."
"I am especially proud that we in the Assembly kept the CFE promise to improve the education our children receive, that
we finally succeeded in expanding health coverage to the state's 400,000 uninsured children, and that we dramatically increased
the state's investment in affordable housing."
Among the Assembly's legislative achievements this session are:
Subprime Lending Protections
The Assembly achieved a key goal of addressing the fallout caused by the national subprime mortgage crisis by passing
comprehensive legislation (A.10817-A/Towns) to modify the foreclosure process agreed to with
the Governor and Senate. Among the provisions is a requirement that homeowners struggling to make mortgage payments be
provided a 90-day pre-foreclosure notice and be advised of any assistance available to them. The legislation clearly defines a
subprime home loan and sets standards for lenders issuing them, as well as mandating that all businesses servicing loans be
registered with the state. The subprime measure also establishes the crime of residential mortgage fraud to prevent against
further dishonest lending that has threatened the homes of thousands of New Yorkers.
Ensuring Quality Education In New York Schools
The Assembly succeeded in securing historic school funding increases in the SFY 2008-09 budget. The $21.4 billion education
budget contained an increase of $1.75 billion over the previous year, including a $533 million increase in Foundation Aid for New
York City. The final budget included $450 million to expand universal Pre-K across the state, a major commitment of the
Assembly. The Assembly was also successful in maintaining $78 million in crucial funding to BOCES programs as well as
expanding aid to adult literacy education programs and libraries.
Brownfield Cleanup Program Reform
The Assembly approved legislation, as a part of a three-way agreement with the Governor and Senate, to reform the New York's
Brownfield Cleanup Program (BCP). The legislation (A.11768/Sweeney) is aimed at revitalizing
the state's economy by encouraging the cleanup and development of industrial sites across New York, many of which have been
unused for decades. The bill would improve the BCP to encourage more thorough cleanups and effectively target incentives to
developers by increasing tax incentives for certain projects by up to 50 percent of the remediation costs.
World Trade Center First Responder Benefits
As a part of its commitment to ensuring adequate benefits and care for those who participated in rescue and recovery work at the
World Trade Center site, the Assembly passed legislation (A.11730/Silver) that would add to
the list of first responders eligible for health benefits. The result of a three-way agreement with the Governor and Senate, the
measure would confer benefits on state and county corrections officers, deputy sheriffs, 911 dispatchers and first responders
who worked for any period of time at Ground Zero within the first 48 hours of the attack.
Ending Mandatory Overtime for Nurses
The Assembly approved legislation (A.11711/Gunther) that would help ensure occupational and
patient safety in hospitals and medical facilities by eliminating mandatory overtime for nurses. The result of a three-way
agreement with the Governor and Senate, the legislation would require health care employers to limit a nurse's on-duty time to be
no longer than his or her regularly scheduled shift. The legislation, which would help hospitals and medical facilities retain and
attract nurses, would still permit a nurse to voluntarily work overtime.
Preventing Abuse of Children and Adults in Residential Care Facilities
The Assembly passed a legislative package to prevent abuse in state-licensed residential mental health facilities. The legislation,
the result of a three-way agreement with the Governor and Senate, establishes clearer guidelines on what type of actions
constitute abuse in state-licensed residential mental health centers (A.11753/Gordon). Under
the measure, caregivers who kick, shove, bite or improperly restrain a resident could be charged with abuse and neglect, even if
the resident does not sustain physical injury. The Assembly also approved legislation that would extend until December 31,
2010 retroactive information requests relating allegations of abuse in residential care centers
(A.10897/Gordon) and forbidding caregivers from withholding food from residents as a means of
behavior modification (A.11482/Gordon). The package also included a bill
(A.11757/Rivera) that would create a workgroup to examine issues relating to the work hours for
direct care workers including stress and overwork. The workgroup would be comprised of caregivers, community-based
organization members, recipient family members and labor unions.
Net-Metering
Recognizing the burdens placed on residents and businesses by the rising cost of energy, the Assembly
approved legislation (A.11146/Englebright)
and (A.11592/Englebright) expanding the state's Net-Metering laws to
allow business, municipal and non-profit utility customers to receive credits for energy they produce through
renewable means, including solar and wind technologies. Under current law, only residential and agricultural
energy consumers were allowed to sell excess power back to utility companies. The measure would encourage
greater use of clean, renewable energy sources while reducing the cost of power across New York.
Improving The Safety Recall System on Toys and Other Children's Products
In response to recent well-publicized incidents involving recalled toys and other products for children, the Assembly passed
legislation (A.11316-A/Pheffer), as a part of a three-way agreement with the Governor and
Senate, that would outlaw the sale of recalled children's items and mandate that retailers take steps to notify consumers of
recalls. The legislation would also require firms that manufacture children's projects such as car seats, high chairs, playpens and
cribs to provide a product safety card to the consumer at the time of sale.
Protecting Students From Sex Offenders In Schools
As a means of ensuring safe and secure learning environments for students, the Assembly passed legislation
(A.11500-A/Nolan) that would require the state Education Department to revoke the applicable
licenses of any teacher, teaching assistant, psychologist, social worker, administrator or supervisor convicted of a sex offense
requiring registration with the state Sex Offender Registry. The legislation was the result of a three-way agreement with the
Governor and Senate.
Preserving New York City Off-Track Betting
The Assembly approved legislation (A.11635/Pretlow) to assist the struggling New York City
Off-Track Betting Corporation and save 1,500 jobs by authorizing the state to takeover its board of directors and betting
operations. The legislation, the result of a three-way agreement with the Governor and Senate, allowed NYC OTB to continue
operating as a public benefit corporation and permitted its employees to remain in the New York City Employee Retirement
System. Additionally the city would continue receiving a percentage of the surcharge issued on bets placed on races at
Aqueduct and Belmont race tracks.
Protecting School Taxpayers From Administrators Who Commit Fraud
The Assembly passed a bill (A.11513-A/Nolan) requiring SED to rescind any certification or
licenses of an administrator convicted of a crime involving fraud relating to theft of government funds. The measure, the result of a
three-way agreement with the Governor and Senate, is intended to safeguard against waste of much-needed tax dollars for
schools.
Post Release Supervision
The Assembly passed legislation (A.11764/Aubry) to assist the state Department of
Correctional Services and state Division of Parole to clarify the sentences of certain violent felons who were not properly
sentenced to post-release supervision (PRS) at the time of their commitment to prison. The bill, the result of a three-way
agreement with the Governor and Senate, rectifies recent court decisions which determined that DOCS could not add PRS to an
inmate's sentence. The legislation establishes a procedure by which DOCS may require the courts to review the commitment
document and address any error regarding a PRS term. The measure is a part of the Assembly's commitment to protecting New
Yorkers from violent crime.
Increasing Home Care for Disabled Children
The Assembly approved legislation (A.11416-A/Gottfried) that would increase the number of
significantly disabled children who would be eligible for home-based medical care through the state's Care at Home I/II Medicaid
waiver program. The result of a three-way agreement with the Governor and Senate, the bill would change the income eligibility
standards for home-based care that would otherwise be provided in a hospital or facility including ventilator-assisted respiration,
gastrostomy tube feeding and continuous monitoring.
Domestic Violence Prevention
In order to assist all domestic violence victims in escaping abuse and developing a sense of control over their safety, the
Assembly passed legislation (A.11707/Weinstein) allowing all victims the right to seek a civil
order of protection through the state family court system. The legislation, which had passed in the Assembly for more than 20
consecutive years, was a part of a three-way agreement with the Governor and Senate. The bill's passage will add New York to a
list of 35 states which allow couples in dating or intimate relationships to obtain a civil order of protection against an abuser.
Safeguarding Public Employee Pension Funds From Fraud and Waste
In order to prevent fraud and waste in public employee pension funds, the Assembly passed legislation
(A.11743/Sweeney) requiring school districts and Board of Cooperative Educational Services
(BOCES) to disclose all compensation arrangements for administrators, supervisors, consultants and attorneys they employ.
The bill, the result of a three-way agreement, comes in response to instances in which school districts and BOCES have
employed attorneys and consultants already drawing benefits from the state employee pension system. Additionally, the
legislation would create civil and criminal penalties for those who participate in illegal benefits arrangements.
2010 Campaign Finance Reform Act
The Assembly passed legislation (A.11507-A/Silver) that would provide for optional public
financing of statewide and legislative elections. The measure is intended to restrain the influence of large donors and special
interests in state elections and would require increased disclosure of contributions to independent political communications,
such as broadcast commercials and mass mailings aimed at candidates and ballot issues. Additionally, the bill would create a
$5 check-off option on state tax forms in order to contribute to the non-partisan campaign fund.
"Safe Harbour" For Exploited Youths
The Assembly passed legislation (A.5258-C/Scarborough) that would provide essential
services for the increasing number of New York youths who are exploited by the sex trade. Instead of being remanded to juvenile
detention facilities, sexually exploited youths would be provided essential counseling and medical care. The sweeping measure
would classify as sexually exploited youths those under the age of 18 who have engaged, agreed or offered to provide sexual
services for money, food, clothing or shelter. Additionally, youths who have stripped, been filmed performing sexual acts, traded
sex for drugs or been found guilty of loitering for the purpose of prostitution would also be classified as sexually exploited.
Reforming the Empire Zone Program
To bring the state's Empire Zone economic development program back in line with its original purpose of targeting tax incentives
for job creation, the Assembly passed legislation (A.9125/Silver) authorizing the Empire State Development Corporation to
conduct a review of all businesses that have received tax abatements under the program. The bill is aimed at ensuring that tax
incentives are properly targeted at firms who locate and create jobs in economically distressed areas and preventing the
mismanagement of the valuable economic development initiative
Assisting New York's Growing Veteran Population
To assist the growing number of New Yorkers returning from active military duty in Iraq and Afghanistan, the Assembly passed a
package of bill aimed at providing additional services, job training and educational programs to the state's veterans. Among the
measures passed was legislation (A.11651/Espaillat) authorizing the state Division of Veterans
Affairs to evaluate the number of military personnel anticipated to return to New York from recent deployments and
(A.11650/Espaillat) establishing a veteran program consolidation council to improve services
and outreach programs for men and women who have served in foreign military operations. The Assembly also approved
legislation to increase construction mentoring and training through various state agencies
(A.11652/Peoples) and a measure that would provide training to veteran-owned businesses in
obtaining procurement contracts from state agencies (A.11648/Destito).
Windfall Profit Tax on Big Oil Companies
The Assembly passed a comprehensive legislative package to address the rising cost of oil, which has affected residents and
drivers throughout New York. Among the bills approved was a measure
(A.11590/Cahill) to recapture lost tax revenue currently being withheld by large oil companies.
Funds would be redirected to the Home Energy Assistance Program (HEAP), which helps low and moderate income New
Yorkers, including elderly residents living on fixed-incomes obtain home heating oil. The legislation, which could generate as
much as $406 million in revenue, contains provisions prohibiting oil companies from passing along additional costs through
price increases. Another bill (A.11588/Cahill) would help drivers already absorbing the shock of
rising gasoline prices by fighting "pump jump". The bill would mandate that gasoline pumps dispense the accurate
amount of fuel the consumer is charged for by the filling station. The Assembly energy package also includes a bill
(A.11589/Cahill) to reduce the amount of fuel used by state agencies by requiring that all new
light-duty vehicles purchased-except police and emergency vehicles-be alternative fuel vehicles.
Bigger Better Bottle Bill
As a part of it's commitment to preserving natural resources through greater recycling, the Assembly again passed the
"Bigger Better Bottle Bill" (A.8044-A/Sweeney), legislation to expand New York's container deposit program to
include non-carbonated beverages including bottled water, sports drinks, fruit juices and iced tea. The bill would adapt the nearly
three-decade old deposit program to product changes in the beverage industry, which has grown substantially in that period.
Unclaimed five-cent deposits, currently kept by bottlers and distributors, would be paid into the state's Environmental Protection
Fund.
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