Committee on
Governmental Operations

RoAnn M. Destito - Chair
Sheldon Silver - Speaker




December 15, 2005

The Honorable Sheldon Silver
Speaker of the Assembly
State Capitol, Room 349
Albany, NY 12248

Dear Speaker Silver,

As Chair of the Assembly Standing Committee on Governmental Operations, I respectfully submit to you the 2005 Annual Report. I have outlined the Committee’s significant legislation and our outlook for the 2006 session.

The Committee had a number of accomplishments this year. The Lobbying Law was strengthened to capture procurement contracts and tribal-state compacts. The Freedom of Information Law was strengthened by requiring the government to provide public information faster to those who make requests. In addition, a loophole was removed from the State Ethics Law making public officials and employees more accountable for their actions. These three accomplishments will significantly reform how the State conducts business.

The agenda for 2006 will continue the Committee’s focus on improving the state’s procurement process and on strengthening existing laws promoting minority- and women-owned business enterprises. Government reform will remain a focus of discussion in 2006. The Committee will continue to be active participants in this process.

I would like to take this opportunity to thank the Speaker and the Committee members for their continued support. This past year had been a productive one, but much still remains to be done. I look forward to meeting the challenges ahead in the 2006 Legislative Session.

Sincerely,
signature
RoAnn M. Destito, Chair
Assembly Committee on
Governmental Operations




MEMBERS OF THE NEW YORK STATE ASSEMBLY

STANDING COMMITTEE ON

GOVERNMENTAL OPERATIONS


RoAnn M. Destito, Chair

MAJORITY

Sandra R. Galef
Margaret M. Markey
Patricia A. Eddington
Robert P. Reilly
Michael Benedetto
George S. Latimer
Crystal D. Peoples
MINORITY

Louis A. Mosiello,
Ranking Minority Member
Clifford Crouch
COMMITTEE STAFF

Joanne Barker, Legislative Coordinator
Cheryl L. Couser, Principal Policy Analyst
Elizabeth Hogan, Counsel
Nichole Hedglin, Committee Assistant
Anne Sconiers, Committee Clerk
Kathleen Quackenbush, Secretary



TABLE OF CONTENTS
  1. Introduction

  2. Legislation Affecting Military Personnel

  3. Crime Victims

  4. Division of Human Rights

  5. Freedom of Information Law

  6. Governmental Reform

  7. Governmental Administration

  8. Regulatory Reform

  9. Legislation Affecting Persons with Disabilities

  10. Disaster Preparedness, Fire and Safety

  11. Office of General Services

  12. Miscellaneous

  13. Commemoration

  14. Committee Hearings

  15. Considerations for the 2006 Legislative Session

Appendix A:  2005 Summary of Action on All Bills

Appendix B:  Chapters of 2005

Appendix C:  Vetoes of 2005

Appendix D:  Bills Passed by the Assembly




I.  INTRODUCTION

The Governmental Operations Committee’s jurisdiction encompasses a broad spectrum of legislative issues. The Committee’s subject areas include: governmental reform, lobbying laws, crime victims, human rights, the Executive Law, the rights of the physically challenged, state procurement, Indian affairs, the Freedom of Information and Open Meetings Laws, public lands and buildings, and the organization and operation of the executive and legislative branches of State government. The Committee also acts on legislation referred to it by the Assembly Ethics and Guidance Committee, the Assembly Committee on Oversight, Analysis, and Investigation, the Administrative Regulation Review Commission, and the Legislative Commission on Government Administration.




II.  LEGISLATION AFFECTING MILITARY PERSONNEL
  1. Extension of Public Retirement Loan Repayment Obligations
    (Chapter 150 of the Laws of 2005/ A.7517, Destito)

    Due to the continuing war in Afghanistan and Iraq, loan repayment obligations incurred by military personnel need to be extended. Many of the soldiers, sailors, and marines taking part in the military operations are employees of New York State when not serving in the military. This law extends the provisions of Chapter 127 of the Laws of 2004, in relation to suspended public retirement loan repayment obligations to members of the military, for another year. This law will continue the high level of support provided to the men and women serving the military.

  2. Protecting Veterans From Identity Theft
    (Chapter 298 of the laws of 2005/A.7516, McEneny)

    This law seeks to protect veterans from identity theft by limiting access to discharge certificates filed in the county clerk’s office. County clerk offices throughout the State will accept and keep on file a copy of a veteran’s discharge paper in order to keep the document in a safe, known location. Many veterans have not used this benefit in fear that their information would be obtained by strangers, thus breaching their privacy.

    This law provides that military discharge certificates can only be released by a county clerk to the veteran or veteran’s parent, spouse, dependant child, representative of the estate, or a public official acting within the scope of their duties, unless the disclosure is authorized in writing by the veteran. This law will help to protect veterans’ privacy while ensuring that veterans will still have access to the certificates when needed.



III.  CRIME VICTIMS

The Governmental Operations Committee considers legislation addressing the Crime Victims Board, the agency charged with advocating for and compensating eligible crime victims. The Committee’s interest and commitment to the concerns of crime victims goes beyond issues directly relating to the Board itself. The Committee developed a legislative package to improve the responsiveness of the criminal justice system to crime victims and to improve the structure of the Board.

  1. Increased Victim Notification
    (Chapter 186 of the laws of 2005/ A.714-B, Pheffer)

    This law enhances crime victim awareness of and participation in judicial proceedings and the parole process by increasing notification of the crime victim of his or her rights. This law requires the Crime Victim Board to include the Division of Parole’s toll free telephone number in its pamphlet to enable the victim to update his or her contact information in order to receive an inmate’s incarceration status. The law also requires district attorneys to consult with crime victims on the disposition of judicial proceedings and to send a letter to the crime victim within sixty days of the final disposition of the case. Lastly, the Department of Corrections must notify the district attorney in the county where the inmate is incarcerated of the date and time of parole.

  2. Determining Financial Hardship
    (Chapter 322 of the laws of 2005/A.4466-A, DiNapoli)

    This law helps crime victims by raising the $100,000 cap on the exemption of a claimant’s homestead from the calculation of assets to $500,000, and also extends the rental period used to offset savings when calculating available assets from five to ten years for the purposes of determining "financial hardship" for crime victim compensation. This provision will allow crime victims more equitable compensation by recognizing the increase in average housing costs, which are beyond the homeowner’s control. The initial thresholds were enacted in 1983 and had not been adjusted for inflation.

  3. Helping Child Crime Victims
    (Chapter 408 of the laws of 2005/A.6717, Paulin)

    This law strengthens the rights of crime victims by expanding coverage for out-of-pocket losses to include the exacerbation of a pre-existing condition or injury for child victims, and by requiring written notice to crime victims of their rights during the claim process. This law was prompted by the partial denial of a claim involving an eight-year-old witness involved in a murder trial in Westchester County. The trauma of being a witness to a murder exacerbated a pre-existing learning disability and required private schooling to address the witness’s educational needs.

  4. Victim Relocation Expenses
    (Chapter 539 of the laws of 2005/A.8526, Weinstein)

    This law will assist crime victims, particularly domestic violence victims, who wish to relocate to be safe but lack the financial resources to do so by authorizing the Crime Victims Board to award up to $2,500 in relocation expenses to victims when necessary for the safety or health of the claimant. Relocation expenses are defined as the reasonable cost of moving and transportation associated with the relocation of a crime victim for health or safety of the crime victim. This law will aid victims when establishing a new life in a safe environment.

  5. Streamlining Reporting Requirements
    (A.35, Sanders)

    This bill would change the reporting requirements relative to restitution and fair treatment standards from annually to every two years and would consolidate annual reporting requirements. While annual reporting for crime victim service programs would be maintained, biennial reporting would be implemented regarding the manner in which the rights, needs, and interests of crime victims are being addressed by the criminal justice system.

    This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Correction Committee.

  6. Designation of Fines to the Crime Victims Board
    (A.257, Destito)

    This bill would grant courts discretion to designate that part or all of any fine or penalty paid by an adjudicated violator of the State’s Antitrust Law be paid to the Crime Victims Board. The bill would also provide that funds collected from these fines and deposited with the Crime Victims Board be expended for the provision of aid, care, and support of crime victims.

    This bill passed the Assembly, but died in the Senate Consumer Protection Committee.

  7. Administrative Procedure for Determination of Claims
    (A.1236, Dinowitz)

    Crime victims have indicated that decisions by the Crime Victims Board denying compensation claims do not contain an explanation of the reasoning behind the decision. Often a claimant is not given a basis for the Board’s denial of a claim, which provokes an appeal of the decision on that basis.

    This bill would require that all determinations made by the Crime Victims Board be rendered in accordance with the State Administrative Procedure Act, which includes a requirement that the decision state the reason for the determination. Additionally, Board members would be required to include the reason for departing from precedent.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  8. Awards for Parents and Guardians of Crime Victims
    (A.2941, Diaz)

    This bill would allow crime victim awards to include lost wages for the parents or guardians of a victim when the victim of a crime is under the age of eighteen. In the event that a minor child is physically or emotionally injured as the result of a criminal act committed against him or her and hospitalization is necessary, the presence of parents or other caretakers is not only helpful in the healing process of the child but sometimes a necessary assistance for medical personnel. Current law does not allow the parents of victims to seek wage reimbursement, thus adding the burden of a loss of income to families dealing with the aftermath of a crime. By allowing parents and guardians to seek reimbursement for wages lost as the result of a crime committed against their child, the State would be strengthening support afforded to the victim’s families.

    This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Correction Committee.

  9. Establishing an Advocate for Crime Victims in State Government
    (A.3577, DiNapoli)

    This bill would establish an advocate for crime victims in the State government by creating an ombudsman within the Division of Criminal Justice Services. This ombudsman would be authorized to investigate certain complaints brought by crime victims and issue subpoenas and administer oaths in the course of an investigation. The ombudsman would be required to establish a toll-free telephone number to communicate with crime victims and to report their findings to the complainant and the investigated party or entity. This bill would benefit crime victims by essentially providing a third party liaison between the crime victim, the Crime Victims Compensation Board, and other governmental agencies.

    This bill passed the Assembly, but died in the Senate Finance Committee.

  10. Providing a Health Care Representative
    (A.4194, DiNapoli)

    This bill would require a member of the Crime Victims Board to be a health care provider who has professional experience treating or counseling crime victims. Currently, there is little or no health care representation on the Crime Victims Board, and the addition of such a representative would add medical knowledge needed to accurately determine claims.

    This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

  11. Expedited Claim Disposition
    (A.4195, DiNapoli)

    This bill would expedite the disposition of claims by the Crime Victims Board. Specifically, this bill would require the Board to issue receipts for filed claims, authorize the Board to conduct an investigation to determine whether a claimant is eligible to receive an award, and require the investigation to be complete within sixty days of receipt of the claim, unless there is good cause for an extension, none of which may exceed thirty days. This bill also outlines an appeal process for ineligible claimants. This bill would help claimants by resolving their claims sooner.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  12. Raising Claim Threshold
    (A.4279, DiNapoli)

    This bill would raise the threshold amount for claims for compensation for crime-related losses at which the Crime Victims Board must determine that the claimant will suffer financial difficulty unless the claim is approved from $5,000 to $6,000. Only a handful of such claims are denied annually for being unable to establish financial difficulty, and this bill would reduce the burden of crime victims and shorten the reimbursement process.

    This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

  13. Continuing Education for Public Officials Who Interact With Crime Victims
    (A.3690, Destito)

    This bill would establish a victims’ assistance education program, which would be developed by the Crime Victims Board and the Division of Criminal Justice Services. Attendance by the staff of the Crime Victims Board would be mandatory on a biennial basis; board members would attend at least one program. Education programs would also be developed for use by police, sheriffs, administrative law judges, district attorneys, and providers of victim assistance services. This measure would ensure that members and staff of the Crime Victims Board are fully knowledgeable and trained in skills that would provide assistance to crime victims.

    This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

  14. Victim Notification Procedure
    (A.3691, Destito)

    This bill would ensure that crime victims are made aware of available assistance programs. It would require the Commissioner of the Division of Criminal Justice Services, in cooperation with the Crime Victims Board, to develop procedures and forms to be used by police agencies, sheriff’s departments, and district attorney’s offices to notify crime victims about their rights under the law and about the existence of victim assistance programs.

    This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Correction Committee.

  15. Clarification of Statutory Language
    (A.5512, Ortiz)

    This bill would define the term "necessary court appearance" for the purpose of determining a crime victim’s award for compensation. The success of the judicial system is directly influenced by the treatment of and input from crime victims. Our judicial system can function more effectively when victims report crimes, confer with prosecutors, testify at hearings and trial, and participate in other phases. Some victims, however, can ill afford the transportation costs associated with attending and participating in all phases of prosecution. This legislation would define the term "necessary court appearance" in order to aid crime victims in the process of determining crime victims’ awards.

    This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Correction Committee.

  16. Authority for the Crime Victims Board to Hear, Audit, and Determine the Claims of Cory Boyd, for and on behalf of William Gouin, a minor
    (A.7183, Paulin)

    This bill would authorize the Crime Victims Board to hear, audit, and determine the claims of Cory Boyd, for and on behalf of William Gouin, a minor. The State would also consent to have its liability on such claim determined notwithstanding the effective date of a new chapter of the Executive Law as proposed in A.6717. The purpose of this bill is to allow Ms. Boyd another opportunity to appear before the Board.

    This bill passed the Assembly, but died in the Senate Rules Committee.



IV.  DIVISION OF HUMAN RIGHTS

The State Division of Human Rights is the agency charged with enforcement of the State’s Human Rights Law, which protects the citizens of New York from discrimination based on race, sex, marital status, and other protected categories.

  1. Technical Corrections Regarding Employment Discrimination and Genetic Information (Chapter 75 of the laws of 2005/A.3107, Sweeney)

    This law makes technical corrections regarding employment discrimination based on genetic characteristics and information. This law corrects the unintended effects of Chapter 497 of the Laws of 1996, which prohibited the testing of DNA samples without the informed consent of the person from whom the sample was taken or that person’s authorized representative, with exceptions in certain forensic cases. The statute as previously written, however, inadvertently restricted certain reasonable research practices.

    This measure permits a genetic test subject to consent to extended retention of DNA samples and allows for result verification and for subsequent tests with renewed consent. It authorizes genetic tests of newborn infants that may be required by the Public Health Law without the consent requirements currently in statute. In addition, this measure allows tests to augment those authorized for research under institutional review board-approved protocols, provided that personal identification of the sample has been permanently removed.

  2. Special Administration of Licensing Examinations
    (Chapter 422 of the Laws of 2005/ A.8367, Silver)

    This law ensures that all persons have equal access to licensing examinations administered in the State of New York by requiring the special administration of any licensing examination that occurs on a day of religious observance. This law specifies that when a licensing examination is administered on a day of religious observance, a special administration of such licensing examination or an equivalent examination must be offered no more than thirty days before or after the regular test administration. This law also mandates that the special administration of the licensing examination or equivalent examinations must be offered at a comparable time, place, and cost.

  3. Use of Respectful Language
    (A.5616, Weisenberg/ Veto Message # 60)

    This bill seeks to make an impact on how people with disabilities are perceived by society by requiring all new and revised statutes, local laws, ordinances, charters, or regulations promulgated or publications published by the State or any subdivision to avoid certain language when referencing people with disabilities. The bill would require that the language not imply that the person a whole is disabled and that the language not equate persons with their conditions. Additionally, the language would not have negative overtones or be regarded as derogatory; disrespectful language would be replaced with respectful language that refers to persons with disabilities as persons first.

    Governor Pataki vetoed this bill by stating law "should not attempt to uniformly ban a broad and subjectively defined class of language from its lexicon."

  4. Authorizing Class Actions
    (A.282, Christensen)

    This bill would direct the Division of Human Rights to promulgate rules of practice to permit complaints alleging unlawful discriminatory practices to be filed as class actions or to be consolidated. Currently, grievances that are filed with the Human Rights Division can be filed on an individual basis only. Complaints alleging unlawful discriminatory practices often involve several people in the same job classification subject to similar discrimination. In such a situation, this bill would enable a group of similarly situated plaintiffs to file their complaints with the Human Rights Division in a manner that would allow a more efficient, less expensive resolution.

    This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.

  5. Awards in Court Actions for Unlawful Discriminatory Practices
    (A.1235, Dinowitz)

    This bill allows the award of attorneys’ costs, fees, and exemplary damages in court actions brought for unlawful discriminatory actions pursuant to the human rights laws. This bill would strengthen the remedies and awards in relation to such court actions and would provide financial relief to those parties filing a discriminatory suit.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  6. Promoting Pay Equity
    (A.2825, DiNapoli)

    This bill would make it an illegal discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth. A 1998 Assembly hearing on comparable worth and pay equity issues yielded several suggestions that would help resolve some of the problems resulting from gender-based wage discrimination in the work place. Of these suggestions, the greatest impact on the problem would be achieved by an explicit prohibition in the Human Rights Law of gender-based wage setting in female-dominated job classifications.

    This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.

  7. Hearing of Complaints by the Division of Human Rights
    (A.4133, Morelle)

    This bill would improve the remedies available to people who suffer discrimination in New York State by requiring the Division of Human Rights (DHR) to implement a comprehensive management and training program to improve claim processing. This bill would establish a permanent training advisory committee, a professional mediation unit, a no-probable-cause unit, and an ombudsman. This bill would also require an order reporting link and monthly statistical management reports to be placed on DHR's website. Lastly, this bill would provide for the preservation of evidence of claims and permit the award of certain court related fees and damages.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  8. Reducing the Dismissal of Complaints Due to Administrative Convenience
    (A.6065, Sanders)

    This bill would designate a time frame in which a court action may be filed with the State Division of Human Rights. Occasionally, complaints before the State Division of Human Rights are dismissed for administrative convenience after investigation and conciliation efforts. The Division has broad powers regarding its ability to dismiss complaints and may impose such a dismissal against the wishes of a complainant to pursue his or her complaint. This legislation would to ensure that the rights of the aggrieved party to obtain redress will be maintained if their complaint is dismissed after the statute of limitations set forth in the Human Rights Law has expired.

    This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.

  9. Protecting Victims of Domestic Violence
    (A.6282-A, Destito)

    This bill would protect domestic violence victims from housing discrimination based on their status as a victim by incorporating a 1985 formal opinion issued by the New York State Office of the Attorney General into the Human Rights Law. The formal opinion (85-F15) recognized that barring rentals to domestic violence victims would have a disproportionate impact on women. The opinion stated that an individual seeking housing should not be denied such housing based on a third party’s previous violence and also affirmed that a property owner may adopt non-discriminatory rules to protect against damage to persons or property.

    This would ensure that domestic violence victims and property owners have clear notice of their legally binding rights and responsibilities, so as to further ensure that persons are protected from, not punished for being subjected to, domestic violence.

    This bill has passed the Assembly, but died in the Senate Rules Committee.



V.  FREEDOM OF INFORMATION AND OPEN MEETINGS LAWS

The Freedom of Information Law extends the public’s right to know the process of governmental decision-making by allowing citizens to review documents that form the bases of governmental decisions and actions. The Open Meetings Law ensures that citizens are fully aware of and can observe the performance of public officials by attending and listening to the deliberation and decisions that go into the making of public policy. Both these laws ensure the government’s accountability to the people.

  1. Requests for Agency Records
    (Chapter 22 of the Laws of 2005/ A.6714, Destito)

    This law clarifies aspects of the Freedom of Information Law (FOIL) for both the requesters of information and State agencies that respond to such requests. This law requires that when a request for a record is made, and an agency is unable to furnish the records within twenty business days, the agency must express in writing the reason for the inability to provide the records and a date certain on which it will provide the records. This law provides that failure to comply with a request in a timely manner constitutes a denial of the request, allowing the denied party to appeal. This law also places the burden on the agency to prove that a requested record is within the classes of information exempt from FOIL, and it provides that the court may assess certain reasonable fees against an agency when the court finds the record to be of significant public interest and that the agency lacked a reasonable legal basis for withholding the record.

  2. Photographing, Broadcasting, and Recording of Open Meetings
    (A.90, Sanders)

    This bill would allow for the photographing, broadcasting, and recording of open meetings, so long as such activities are not disruptive to the meeting. This bill would allow the public body to adopt rules governing the location of equipment and personnel during the meeting to ensure orderly proceedings. This bill would provide increased public access to public meetings.

    This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.

  3. Access to Public Meetings for the Hearing Impaired
    (A.815, Stringer)

    This bill would require that those in charge of planning a public meeting provide an interpreter for the deaf when requested and when practical. This bill would require that this request be in writing and be made in a reasonable amount of time prior to the public meeting.

    This bill passed the Assembly, but died in the Senate Finance Committee.

  4. Strengthening the Open Meetings Law
    (A.1258, John)

    This bill would fortify the Open Meetings Law by providing alternate judicial remedies to the courts when any aspect of a meeting is closed in violation of the Open Meetings Law.

    Specifically, this bill would subject any action or substantial deliberation taken or held in violation of the Open Meetings Law to either a stay or a remand of that action to the public body for reconsideration. This bill would also allow courts to impose a fine of up to five hundred dollars on any public body engaged in a violation of the Open Meetings Law.

    This bill passed the Assembly, but died in the Senate Investigations and Government Operations Committee.

  5. Access to Public Records
    (A.1675, Grannis)

    This bill would strengthen the public's ability to obtain access to records pursuant to the Freedom of Information Law (FOIL) by allowing for reimbursement of attorney and litigation fees by the plaintiff in cases in which access to records was wrongfully denied pursuant to FOIL. This bill would allow for reimbursement when the applicant can show that the agency lacked a substantial reason for withholding the information, and it would also eliminate restrictions mandating that information must be of clearly significant interest to the general public.

    This bill passed the Assembly, but died in the Senate Investigations and Government Operations Committee.

  6. Preserving Executive Records
    (A.2531, Hoyt)

    This bill would reform the record keeping of the Executive Chamber. This bill would require that the executive keep both public and private records during the executive’s term in office. At the end of the term, all such records would be turned over to the state archives, at which point the state archivist would take control of the records and make decisions regarding the access and disposition of those records. This act would apply to all records not exempted under the existing Public Officers Law.

    This bill passed the Assembly, but died in the Senate Finance Committee.

  7. Public Meetings Locations
    (A.3032, Pretlow)

    This bill would mandate that when planning a public meeting, the body in charge of planning must make all reasonable efforts to hold the meeting in a location that is appropriate to accommodate the members of the public that wish to attend.

    This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.

  8. Requesting and Receiving Requests Through Electronic Mail
    (A.7993, Latimer)

    This bill would update the Freedom of Information Law (FOIL) by enabling the public to request and receive records by electronic mail (e-mail). By allowing for the use of available technology, this bill would increase the public’s ability to request information, as well as State entities’ ability to provide it. This bill would require the Committee on Open Governments to create and make available on the internet a form that the public could use to request records. This bill would also require that all State entities that are reasonably able to receive and respond to electronic requests do so via e-mail unless another format is requested, and it would also authorize government entities to accept, send, and store information electronically.

    This bill passed the Assembly, but died in the Senate Rules Committee.



VI.  GOVERNMENTAL REFORM

The Governmental Operations Committee has jurisdiction over the Public Officers Law, which regulates many of the actions of public employees. Some of these regulated actions deal with interactions between individuals and state agencies and address professional ethics, while others deal with protection for public employees. In many cases these laws are an important demonstration to the public of government’s desire to have an open and ethical system of government.

  1. Lobbying Reform
    (Chapter 1 of the Laws of 2005/ A.8964, Silver)

    This law will increase public confidence in state and local government by taking steps to regulate the interactions between lobbyists and government officials. It will capture procurement lobbying, executive orders, and tribal-state compacts in the current lobbying law (registration and disclosure); create for state procurements a restricted contact period regarding procurements that will begin with earliest written notice, advertisement, or solicitation of a request for proposal or other solicitation and end with the final contract award; outline a procedure for complaints regarding the procurement process; establish penalties, including debarment, for knowing and willful violations of the restricted period; and create an advisory council on procurement lobbying. This law will also raise the threshold of allowable expenditures and compensation at which lobbyist registration is required from $2,000 to $5,000 annually, beginning in 2006, and prohibit payments that are contingent upon the adoption of terms of an executive order, the acceptance of a bid or contract by any governmental entity or municipal official, or any other procurement-related decision or action regarding articles of procurement by a governmental entity or municipal official.

  2. Pursuing Action Against Former Public Officials
    (Chapter 165 of the Laws of 2005/ A.4975-A, Destito)

    This law extends the authority of the State Ethics Commission to address allegations of misconduct made against public employees and candidates who have left their public positions by extending the authority of the State Ethics Commission to pursue action against an individual for one year after he or she has held public employment or run for office. This law will help to restore the public's trust in the integrity of public servants and government officials by enabling the Commission to pursue individuals who have committed an offense while they were subject to the Commission’s jurisdiction.

  3. State Agency Contracts for Personal Services
    (A.1259, John)

    This bill would set forth conditions for when a state agency may enter into a contract for personal services. Such conditions include highly specialized or technical services and various other services that cannot be completed by state agencies or civil service employees due to ability or availability. This bill would protect the public interest by ensuring that when taxpayers' money is used to fund a contract for services, the expenditure is necessary and prudent.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  4. Prohibits State Agency Loans to Employees
    (A.1348, Morelle)

    This bill would prohibit the practice of state agencies offering interest-free loans to employees. This practice has the potential to divert state funds, which could be used for other purposes, with no tangible benefit to the taxpayers or the State as a whole. By prohibiting this practice, the State would ensure state funds intended for economic development and other public projects will not be used as personal loans.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  5. Financial Disclosure by Candidates for State Office
    (A.3256, DiNapoli)

    This bill would amend the law that requires candidates for statewide office and the state legislature who file petitions with a party to also submit financial disclose forms for public review. These financial disclosure forms would be due no later than fourteen days after the deadline for the filing of petitions. Currently, they are due seven days after the deadline.

    By extending the financial disclosure filing deadline from seven days to fourteen, this legislation would be set the financial disclosure deadline date after the deadline for withdrawing one’s candidacy. Declining candidates are not required to file a financial disclosure statement.

    This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.

  6. Revolving Door Exemptions
    (A.5871, Canestrari)

    This bill would exempt certain State workers who lost their jobs as a result of the reduction in the State work force in the 1997 calendar year from the two-year bar that prevents a State worker from practicing before the agency where he or she was employed. This is intended to open new employment opportunities for those workers who have lost their jobs through no fault of their own.

    This bill passed the Assembly, but died in the Senate Finance Committee.

  7. Capturing Quasi-Governmental Agencies under the State Ethics Law
    (A.8361, Destito)

    The purpose of this bill is to increase public confidence in certain government-related entities by requiring them to abide by the State Code of Ethics. To facilitate this, the bill would redefine the term "state agencies" to include five entities: Youth Research, Inc., Research Foundation for SUNY, Research Foundation for Mental Hygiene, Health Research, Inc., and Welfare Research, Inc. These entities would then be bound by the same code of ethics as state agencies.

    This bill passed the Assembly, but died in the Senate Rules Committee.



VII.  GOVERNMENTAL ADMINISTRATION
  1. Distribution of the Community Services Block Grant
    (Chapter 329 of the laws of 2005/ A.6595-B, Jacobs)

    This law extends the authorization for the Department of State to administer the Community Services Block Grant (CSBG) through the year 2005. Data from the 1995 census revealed that 16.5% of individuals in New York State had incomes below the poverty level as compared to 13.8% nationally. Approximately one in four children in New York State lives in poverty and that percentage increases each year. Compounding these percentages is the fact that poverty among women, especially elderly women, is increasing at an accelerated rate. This law enables community action agencies to continue providing services to the poor in New York State.

  2. Implementing Amber Alert Plans
    (Chapter 348 of the Laws of 2005/ A.8312, Magnarelli)

    This law will help to prevent child abductions and apprehend perpetrators by implementing and operating Amber Alert plans in all jurisdictions in New York State. This law requires the Division of Criminal Justice Services to make ongoing outreach efforts to local government entities and law enforcement agencies to assist in the implementation and operation of Amber Alert plans

  3. Assembly and Senate Historians
    (Chapter 398 of the laws of 2005/A.3469, Brodsky)

    This law creates the positions of Assembly and Senate historians. Each historian will compile an annual record of the significant events and accomplishments of his or her house and submit that record to leadership within one hundred and twenty days of the end of the legislative session. Each historian will be chosen by leadership from a list compiled by the minority and majority members of that house. This law will help to preserve the rich history of both houses of the Legislature.

  4. Special Administration of Licensing Examinations
    (Chapter 422 of the laws of 2005/A.8367, Silver)

    This law will ensure that all persons have equal access to licensing examinations administered by the State of New York by requiring the special administration of any licensing examination that occurs on a day of religious observance. Such specially mandated licensing examinations will be offered at a comparable time, place, and cost no more than thirty days before or after the regular examination date.

  5. Transferring Certain Mainframe Computing Functions
    (Chapter 539 of the Laws of 2005/ A.8545, Reilly)

    This law allows for the transfer of certain mainframe computing functions relating to the State data center consolidation from the Division of State Police to the Office for Technology and provides transferred employees with civil service protections. The law also provides that no employees who are transferred will experience a reduction in seniority, salary, or leave. The law also provides that permanent employees who are employed in the classified service of the State Police and are being transferred will be given permanent class rights and status without further examination.

  6. State Contracts with Not -for-Profit Providers
    (A.3454, Bing/ Veto Message# 25)

    This bill would assist not-for-profit providers by strengthening the provision of the prompt payment law to ensure that not-for-profit providers are receiving timely notice of the states’ intent to not renew contracts and to curtail the misuse of the waiver of intent provisions. Additionally, this bill would provide a reporting mechanism to analyze and improve contracting and payment methods as well as the calculation and payment of interest to a not-for-profit organization when the Comptroller disallows a contractual waiver provision.

    This bill was vetoed by Governor Pataki due to technical concerns raised by state agencies that might impose penalties on state agencies despite their best efforts.

  7. Evaluating Minority- and Women-Owned Business Enterprise Programs.
    (A.6527, Cook)

    This bill would strengthen the provisions of Article 15-A of the Executive Law by prohibiting the use of automatic waivers of requirements to contract with MWBE’s, enhancing agency reporting requirements and requiring the recertification of MWBE’s every three years. This bill would help reduce methods used to circumvent the existing provisions of law.

    This bill passed the Assembly, but died in the Senate Finance Committee.

  8. Preventing Police Misconduct
    (A.2413, Wright)

    This bill would ensure fairness and public confidence in the judicial system by giving the attorney general expanded authority to investigate and prosecute police officers who have allegedly committed criminal offenses in relation to the performance of their duties.

    This legislation would ensure the effective investigation and prosecution of alleged criminal conduct committed by police officers in instances when the local prosecutor lacks adequate resources to prosecute or when it is needed to safeguard the public’s confidence in the judicial system.

    This bill has passed the Assembly, but died in the Senate Rules Committee.

  9. Increasing Inter-Governmental Cooperation for Caregiver Background Checks
    (A.3257, DiNapoli)

    This bill would clarify the role of the Division of Criminal Justice Services (DCJS) in processing information supplied by the FBI by requiring DCJS to provide a criminal history report to prospective employers of caregivers. In 1998, Kieran’s law was enacted in response to the death of 10-month-old Kieran Dunne at the hands of his in-home caregiver.

    The statute was intended to give parents, hiring in-home caregivers for their children, the opportunity to learn of any criminal history on record with either DCJS or the FBI prior to hiring such caregiver. The FBI has refused to comply with the law, claiming it would require the delivery of criminal history directly to private employer, an act that they are prohibited from doing. This bill would clarify that the FBI is required to deliver the criminal history directly to DCJS, an authorized agency, which will then prepare a report for the employer.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  10. Audits and Follow-Up Reviews of State Agencies
    (A.4372, Brennan)

    This bill would require that agencies provide the Governor and the Legislature with continuing status reports on recommendations made by the State Comptroller’s audit report every ninety days until all recommendations with which the agency concurs have been implemented. This would provide the Legislature and the Governor with increased information on agency compliance.

    This bill passed the Assembly, but died in the Senate Finance Committee.



VIII.  REGULATORY REFORM

The Governmental Operations Committee has jurisdiction over the State Administrative Procedure Act (SAPA), which governs the conduct of state administrative hearings and proceedings. Regulations are promulgated by agencies in order to carry out their missions and to implement laws. In many cases, regulations issued by State agencies have as much impact on the health, safety, and welfare of citizens as do the laws of the State.

  1. Posting of State Agency Applications on the Internet
    (Chapter 65 of the Laws of 2005/ A.4762, Bing)

    This law clarifies and makes technical amendments to Chapter 727 of the Laws of 2004. This law requires all state agencies to post on the internet only those applications that are both readily converted to internet form and intended for general public use, but it does not require state agencies to process applications submitted through the internet. Additionally this law provides that the Office of Technology will consult with the Governor’s Office of Regulatory Reform to create rules and regulations to implement this law’s provisions.

  2. Providing Fiscal Audits to Reduce Fiscal Abuses
    (Chapter 267 of the Laws of 2005/A.6761-B, DiNapoli)

    This law helps to reduce fraud, waste, and other abuses by providing the Comptroller with further authority to conduct audits of school districts, boards of cooperative educational services (BOCES), and charter schools. This law requires the Comptroller'’s plan provide for the assessment of the practices of these institutions and organizations to ensure that they are consistent with established standards and provide adequate protection against theft, embezzlement, and other abuses. This law also authorizes the Comptroller to inform the Governor and the Legislature each December regarding a review of such audits and requires that any findings that identify fraud, waste, or other criminal conduct be provided to the Commissioner of Education and the proper law enforcement agency.

  3. Installment Payment Plan for Small Businesses and Local Governments
    (A.7061, Christensen/Veto Message # 49)

    This bill would assist small businesses and local governments by enabling them to make installment payments for fees or civil penalties owed to state agencies. Fees are required to ensure that the beneficiaries, and not the taxpayers, bear the costs of obtaining agency permits, and civil penalties are necessary to enforce regulatory standards. These monetary amounts, however, can impose a disproportionate burden on small businesses or local governments. Allowing such entities to use installment payments is one way to alleviate that burden. This measure would ensure that any penalty or fee amount of $3000 or more could be paid in quarterly installments.

    The Governor vetoed this bill, stating that an administrative burden would be placed on state agencies. The Governor stated in his veto message that he has directed his administration to review the feasibility of installment payments.

  4. Small Business Compliance Guideline Regulations
    (A.6333, Christensen/Veto Message # 102)

    This bill would require agencies that regulate small businesses to prepare compliance guides that explain in plain language the actions small businesses are required to take in order to comply with state rules. This would create a state version of the federal Small Business Regulatory Enforcement Fairness Act of 1996, which addressed a major small business concern about the way regulations are enforced.

    The Federal Act requires the development and dissemination of "small business compliance guides" by federal regulatory agencies as a way to promote voluntary compliance with regulatory standards. It also requires the development of joint federal-state guides when regulatory responsibilities are shared. This measure would establish the same program to provide plain-language information about compliance requirements with regard to state regulatory programs with small businesses, and encourage the state agencies to cooperate in the development of joint documents.

  5. Increasing Public Participation in the Rulemaking Process
    (A.2537, McLaughlin)

    This bill would establish a pilot program that would require seven state agencies to hold hearings on proposed rules if there is a petition of one hundred or more New York State residents requesting a hearing on an issue. This bill would also authorize these agencies to employ innovative techniques, such as evening and weekend hearings, utilization of broadcast and tele-conferencing technologies, and roundtable discussions, to increase the public participation in these hearings, so long as the utilization of these new technologies and formats does not impede existing access.

    This bill passed the Assembly, but died in the Senate Commerce, Economic Development, and Small Business Committee.

  6. Sunset and Effective Date Provisions
    (A.3173, Gottfried)

    This bill would simplify the process of providing for the taking effective date or amending a law that sunsets. This bill would provide that any amendment to a law that passed before the underlying law takes effect take effect until the underlying law does so. In order for legislation to amend the sunset date or effective date contained in a section of law, the legislation must specifically cite that date if the legislation intends to amend it. This bill would prevent the unintentional elimination of sunset provisions.

    This bill passed the Assembly, but died in the Senate Investigations and Government Operations Committee.

  7. Regulating the Enactment of Agency Rules and Regulations
    (A.6350, McLaughlin)

    This bill would add definitions and controls to the State Administrative Procedure Act (SAPA) sections dealing with the ways in which sub-regulatory documents are created. Currently, the legal status of these documents is not clearly stated, and the procedures for handling them vary from agency to agency. This bill would require that their scope be uniformly defined and recognized.

    This bill passed the Assembly, but died in the Senate Commerce, Economic Development, and Small Business Committee.



IX.  LEGISLATION AFFECTING PERSONS WITH DISABILITIES
  1. Protecting State Employees with Disabilities
    (A.2159, Lifton)

    This bill would establish liability on the part of the State for violations of the Americans with Disabilities Act (ADA). Under this prospective legislation, employees of the state would attain the right to seek damages in state court for violations of their rights under the Americans with Disabilities Act. In addition, this bill would allow citizens with disabilities to seek damages if the state does not meet the ADA’s standards for access to government buildings, programs, and services.

    This bill passed the Assembly, but died in the Senate Codes Committee.

  2. Increasing the Responsibilities of Public Entities to the Disabled
    (A.6328, Cahill)

    This bill would define the term "public entity" as the state, any state agency, department, or political subdivision of the state. This bill would expand the definition of "unlawful discriminatory practices" to include the refusal of such a public entity to make reasonable accommodations to a person with a disability to allow them to participate as fully as possible in events and to receive services from the public entity.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  3. Unlawful Discriminatory Practices
    (A.7294, Paulin)

    This bill would clarify the scope of protections against discriminatory practices on the basis of disability under the NYS Human Rights Law in the area of public accommodation so that it is consistent with the federal Americans with Disabilities Act (ADA). This bill would require the owners and proprietors of public places, such as resorts and places of amusement, to make all reasonable accommodations to allow individuals with disabilities to utilize their facilities.

    This bill passed the Assembly, but died in the Senate Rules Committee.



X.  DISASTER PREPAREDNESS, FIRE AND SAFETY

The Governmental Operations Committee considers legislation concerning the four entities charged with the delivery of emergency services in the State. These agencies are the Office of Fire Prevention and Control in the Department of State, the Bureau of Emergency Services in the Department of Health, the State Emergency Management Office within the Division of Military and Naval Affairs, and the Office of Homeland Security.

  1. Quarterly Evacuation Drills of Public Buildings
    (Chapter 207 of the laws of 2005/ A.7055, McEneny)

    This law increases safety in state buildings by requiring evacuation drills on a quarterly basis. With the tragic events of September 11, 2001 in mind, it is important to be prepared for an emergency that may require an emergency evacuation of a building. This law requires quarterly evacuation drills in order to increase safety and preparedness of workers.

  2. Installation of Carbon Monoxide Detectors
    (Chapter 438 of the Laws of 2005, A.2947, Morelle)

    This law requires that any multiple unit dwellings designed to accommodate three or more families independently as their temporary or permanent residence must be fitted with a carbon monoxide detector, if the building has an attached garage or appliances that run on combustible fuels. This law helps to prevent unnecessary deaths due to carbon monoxide poisoning. Under previous law, the installation of carbon monoxide alarms is only required in one and two family dwellings and in condominiums and cooperatives sold or constructed after 2002.

  3. Establishing a Statewide First Responders Building Mapping System
    (A.8072, Galef/ Veto Message # 112)

    This bill would provide first responders to building emergency incidents with the maximum information possible to protect the public when disaster strikes by establishing a statewide first responder building mapping information system task force, which would determine how best to design and operate a statewide first responder building mapping information system and make recommendations to the governor and legislature.

  4. More Accessible Training for Firefighters
    (A.5414, Ramos)

    This bill would make training more easily accessible to firefighters by authorizing the use of training videos by either video or computer. This bill would require the state fire administrator to study the use of video and computer training programs and mandate that the Office of Fire Prevention and Control permit the use of video and computer training for firefighters to the maximum extent possible.

    The bill passed the Assembly, but died in the Senate Finance Committee.



XI.  OFFICE OF GENERAL SERVICES
  1. Surplus State Personal Property
    (A.147, Destito)

    This bill would aid municipalities by directing the commissioner of the Office of General Services (OGS) to provide municipalities with the first opportunity to obtain surplus state personal property. The Commissioner of OGS would be required to list any surplus property on the OGS website, and after determining that no municipalities are interested, the surplus property would be available for purchase by the public.

    This bill passed the Assembly, but died in the Senate Finance Committee.



XII.  MISCELLANEOUS
  1. Notifying Consumers in the Event of Unauthorized Computer Breaches
    (Chapter 442 of the Laws of 2005/ A.4254, Brennan)

    This law helps protect consumers from identity theft by ensuring that residents of the State are informed when an unauthorized party gains access to their vulnerable personal information due to a security breach of a government computer system. It would also ensure that consumers are informed when a third party has gained access to vulnerable personal information due to an unauthorized breach of a corporate computer system. This law also provides for a private right of action for violation of this law and authorizes the Attorney General to enforce this law.

  2. Revitalizing the Tug Hill Region Waterways
    (Chapter 729 of the Laws of 2005/ A.6096, Destito)

    This law includes certain rivers and creeks within the Tug Hill region in the definition of "inland waterways" so that these regions will be able to participate in waterfront revitalization programs. Specifically, this law includes Deer Lake and the north and south branches of the Little Salmon Lake in the definition of "inland waterways," as well as the Cincinatti, Little Sandy, Sandy, and South Sandy Creeks and the east and west branches of Fish Creek.

  3. Honeoye Falls Residency Requirements for Code Enforcement Officers and Building Inspectors
    (Chapter 81 of the Laws of 2005/ A.6853, Errigo)

    This law allows the code enforcement officers and building inspectors of the village of Honeoye Falls, Monroe County, to live in Monroe County or an adjacent county within New York State. This law allows greater flexibility regarding the residency of code enforcement officers and building inspectors and enables the village to use a larger pool of applicants when filling such positions.

  4. Schuyler County Residency Requirements for Deputy Sheriffs
    (Chapter 388 of the Laws of 2005/ A.8614-A, O’Mara)

    This law allows deputy sheriffs of Schuyler County to live in Schuyler County or a county that is contiguous to Schuyler County. This law provides greater flexibility regarding the residency of deputy sheriffs and assists Schuyler County by expanding the pool of candidates for these positions.

  5. Establishing Protections for the Manufactured Home Industry
    (Chapter 560 of the Laws of 2005/ A.8411, Destito)

    This law protects manufactured home purchasers. This law provides for the training and certification of persons employed in the manufacture, sale, installation, and repair of manufactured homes, and provides a dispute resolution in the manufactured home industry. This law also establishes a Manufactured Housing Advisory Council and provides for penalties for noncompliance with this law.

  6. Defense and Indemnification of Public Employees
    (Chapter 488 of the Laws of 2005/A.8746, Latimer)

    This law helps the New York State Environmental Facilities Corporation (EFC) by extending full indemnification protection to all directors, officers, and employees of the New York State Environmental Facilities Corporation. It is necessary in order to keep pace with the expanded duties and responsibilities of EFC. This law removes the provision stating that indemnification coverage will only be extended to directors, officers, and employees engaged in EFC’s hazardous waste activities and industrious solid waste activities.

  7. Assisting Residents in Essex and Warren Counties
    (Chapter 222 of the Laws of 2005/ A.8945, Sayward)

    This law assists residents in Essex and Warren Counties whose property was damaged by severe weather between June 9, 2005, and June 20, 2005. This law provides real property tax relief to these residents by allowing them to request that the tax assessment of their property be valued based on their property after the flood.

  8. Establishing the Astoria Residential Emergency Economic Relief Program
    (A.5866-A, Gianaris/Veto Message # 4)

    This bill would authorize the State Emergency Management Office to use certain funds to assist residents in Astoria, Queens County, who are recovering from flooding due to a water main break on or about February 16, 2005. This bill would assist residents by helping to offset the costs associated with clean-up, debris removal, and recovery costs not covered by other programs or private insurance.



XIII.  COMMEMORATION
  1. A Day of Commemoration for Shirley Chisholm
    (Chapter 445 of the laws of 2005/A.5830-C, Perry)

    This law designates November 30th of every year as "Shirley Chisholm Day," a day of commemoration. This law honors the accomplishments and contributions of Shirley Chisholm, a political leader who dedicated herself to voicing the needs of minorities, women, and children in New York. Shirley Chisholm was a former member of the New York State Assembly and the first black woman elected to Congress, and she was the first woman to be considered for presidential nomination. Shirley Chisholm was an inspiration to many, and her dedication, fortitude, and tireless work towards equality warrant a day of commemoration in recognition of all that she has accomplished.

  2. A Day of Commemoration for Elizabeth Cady Stanton
    (A.4452, Christensen)

    This bill would designate November 12th of every year as "Elizabeth Cady Stanton Day." Elizabeth Cady Stanton was a tireless advocate for women’s rights and social reformer, and she was also a driving force in the fight against slavery. Setting aside a day in commemoration would help to recognize the great impact that she has had on the lives of New York State residents.

    This bill passed the Assembly, but died in the Senate Rules Committee.

  3. A Day of Commemoration for Gold Star Mothers Day
    (A.4576, Carrozza)

    This bill would designate the last Sunday in September as "Gold Star Mothers’ Day," a day of commemoration. This legislation would honor mothers who have lost a son or daughter in service to our country by designating the last Sunday in September as "Gold Star Mother’s Day." Gold Star Mothers are the mothers of those individuals who died in the line of duty while defending the United States of America. A day set aside to remember the mothers of individuals who gave their lives for the country would demonstrate our national pride for their heroic actions.

    This bill passed the Assembly, but died in the Senate Finance Committee.



Committee Hearings

Procurement Stewardship Act

On September 27, 2005, the Committee held a hearing to examine the effectiveness of the State’s Procurement Stewardship Act (PSA). The PSA is set to expire on June 30, 2006. In 1995, the Procurement Stewardship Act (State Finance Law, Article 11) was enacted in order to consolidate, codify, and update the procurement laws of New York State. Recognizing that the law would need to be periodically reevaluated, the Legislature enacted an original sunset date of 2000 for the law. At that time it was renewed for an additional five years. This year, a one-year extender was enacted in the budget, providing additional time for a reevaluation of New York State’s procurement law.

When the Stewardship Act was renewed in 2000, a number of significant changes were made to the State Finance Law. This hearing will obtain information in order to review the impact of those changes. It also seeks comment on a number of issues that have a significant impact on the State procurement laws and bills that have been introduced to improve the State’s procurement process. Many entities, including the State Comptroller, the Office of General Services, and Industries for the Blind testified.

Minority- and Women-Owned Business Enterprises (MWBEs)

The Committee of Governmental Operations continued its review and oversight on the implementation of Article 15-A of the Executive law which was designed to promote a level playing field for minority- and women -owned business enterprises to compete for state contracts. In doing so, the Committee convened a hearing on March 3, 2005, in New York City to assess State agency compliance with Article 15-A. In addition, the Committee convened a hearing in Syracuse, New York, on October 25, 2005, to obtain constituent feedback regarding the implementation of this law.

In addition to assessing compliance and obtaining feedback with regards to Article 15-A, the Committee also participated in a hearing, on April 14, 2005, to review MWBE access to surety bonding. Access to capital, insurance, and bonding are often impediments to MWBE owners to compete for state contracts. This hearing examined the surety business and avenues to increase access to necessary financial tools.

The Exercise of Eminent Domain in New York State

The Committee has jointly held hearings in Albany and New York City with the Judiciary Committee, the Corporations, Authorities and Commissions Committee, and the Committee on Local Government to review New York State laws governing the use of Eminent Domain in the State. In light of a recent Supreme Court decision that addressed a Connecticut statute governing the taking of property for economic development purposes, the Committees are acting to ensure that any proposal to take property affords a property owner every available safeguard and the ability to be heard regarding the proposed taking.

Disaster Preparedness

The Committee on Governmental Operations continued its oversight of the State’s preparedness efforts by holding a series of hearings in New York City and Long Island. The New York City hearings on September 29, 2005 and October 31, 2005, examined New York City’s emergency response and evacuation plans in the event of a weather-related emergency. The hearing on Long Island on December 13, 2005, focused on disaster coordination between units of government.

Regulation of Social Security Numbers and Personal Identifying Information

On September 15, 2005, the Committee on Governmental Operations and the Committee on Consumer Affairs and Protection held a hearing to examine federal and state law regulating the use of social security numbers (SSNs) and other personal identifying information and how such use affects consumers, particularly whether such use increases the risk of identity theft. A number of bills have been introduced in the Committee on Consumer Affairs and the Committee on Governmental Operations seeking to regulate the use of SSNs and personal identifying information by businesses and state agencies. Issues of federal pre-emption, alternative identifiers, and state actions regarding this issue were also reviewed.

Budget Implementation Hearings

One of the responsibilities of each Assembly Standing Committee is to examine the impact of the State Budget on programs within its jurisdiction. The Committee on Governmental Operations held budget implementation hearings on November 16, 2005, and December 5, 2005, in Albany, New York. The hearings were useful to assess the implementation of policy and to plan for the upcoming budget cycle.

On November 16, 2005, the Committee received testimony from the Office of Homeland Security, the Division of State Police, the Division of Military and Naval Affairs, the Crime Victims Board, the Division of Human Rights, the Office for Technology and the Temporary State Commission on Lobbying. On December, 5, 2005, the Committee held a joint hearing with the Committee on Local Governments to review the budget of the Department of State. The Committees also received testimony from the New York State Association of Fire Chiefs, the Firemen"s Association of the State of New York and the Association of Fire Districts of the State of New York.




Considerations for the 2006 Legislative Session

The Committee will focus on improving the state’s procurement process in conjunction with the renewal of the Stewardship Act, which expires on June 30, 2006. We will continue our oversight of the implementation of Article 15-A of the Executive Law dealing with minority and women business enterprise access to state contracts.

The Committee will also continue to focus on strengthening the State’s Open Meetings Laws and Freedom of Information Law and ensuring that adequate measures are taken to secure the State and its communities against terrorist attack and the consequences of natural disasters.




APPENDIX A
2005 SUMMARY SHEET
SUMMARY OF ACTION ON ALL BILLS
REFERRED TO THE COMMITTEE ON

Governmental Operations
FINAL ACTION ASSEMBLY
BILLS
SENATE
BILLS
TOTAL
BILLS

BILLS REPORTED WITH OR WITHOUT AMENDMENT
TO FLOOR; NOT RETURNING TO COMMITTEE
28 0 28
TO FLOOR; RECOMMITTED AND DIED
0 0 0
TO WAYS AND MEANS
40 0 40
TO CODES
40 0 40
TO RULES
15 0 15
TO JUDICIARY
0 0 0
TOTAL
123 0 123
BILLS HAVING COMMITTEE REFERENCE CHANGED
TO Governmental Employees COMMITTEE
1 0 1
TO Codes COMMITTEE
1 0 1
TO Economic Development COMMITTEE
1 0 1
TO Tourism, Arts, and Sports Development COMMITTEE
1 0 1
TOTAL
7 1 7
SENATE BILLS SUBSTITUTED OR RECALLED
SUBSTITUTED
  11 11
RECALLED
  0 0
TOTAL
  11 11
BILLS DEFEATED IN COMMITTEE 0 0 0
BILLS NEVER REPORTED, HELD IN COMMITTEE 398 36 434
BILLS NEVER REPORTED, DIED IN COMMITTEE 0 0 0
BILLS HAVING ENACTING CLAUSES STRICKEN 3 0 3
MOTIONS TO DISCHARGE LOST 0 0 0
TOTAL BILLS IN COMMITTEE 531 47 578
TOTAL NUMBER OF COMMITTEE MEETINGS HELD 15    



Appendix B: Chapters of 2005

A.714-B Pheffer Enhances victim awareness of and participation in judicial proceedings and the parole process by increasing notification to the crime victim of his or her rights. Chapter 186 of the laws of 2005.
A.2947 Morelle Requires the installation of carbon monoxide detectors in multiple dwellings constructed or offered for sale. Chapter 438 of the laws of 2005.
A.3107 Sweeney Protects individuals from employment discrimination based on genetic profiling. Chapter 75 of the laws of 2005.
A.3469 Brodsky Authorizes the appointment of Assembly and Senate historians. Chapter 398 of the laws of 2005.
A.4186 Diaz, R. Streamlines and simplifies the rulemaking process. Chapter 441 of the laws of 2005.
A.4189 Diaz, R. Makes technical amendments to Chapter 730 of the laws of 2004, which provides the public access to agency guidance documents. Chapter 253 of the laws of 2005.
A.4254 Brennan Ensures that consumers will be notified if access to their personal information is compromised due to an unauthorized breach of a government or corporate computer system. Chapter 442 of the laws of 2005.
A.4257-A Brennan Eliminates unnecessary reporting requirements, modifies frequency of other reports, and enhances quality of reports. Chapter 524 of the laws of 2005.
A.4466-A DiNapoli Eliminates the $100,000 homestead value limitation for the purposes of determining "financial hardship" for crime victim compensation. Chapter 322 of the laws of 2005.
A.4762 Bing Clarifies rules and regulations that relate to the posting of application forms of state agencies on the internet. Chapter 65 of the laws of 2005.
A.4975-A Destito Extends the authority of the State Ethics Commission to pursue action against an individual for one year after they have held public employment or run for public office. Chapter 165 of the laws of 2005.
A5830-C Perry Designates November 30th of every year as "Shirley Chisholm Day," a day of commemoration in recognition of Shirley Chisholm’s accomplishments. Chapter 445 of the laws of 2005.
A.6096 Destito Includes certain rivers and creeks within the Tug Hill region in the definition of "inland waterways" in order to be able to participate in waterfront revitalization programs. Chapter 560 of the laws of 2005.
A.6595-B Jacobs Extends the authorization of the Department of State to administer the Community Services Block Grant (CSBG) through the year 2006. Chapter 329 of the laws of 2005.
A.6714 Destito Clarifies aspects of the Freedom of Information Law (FOIL) for both the requesters of information and State agencies that respond to FOIL requests. Chapter 22 of the laws of 2005.
A.6717 Paulin Strengthens crime victims’ rights by expanding coverage for certain out-of-pocket losses and by requiring written notice to crime victims of their rights during the claim process. Chapter 408 of the laws of 2005.
A.6761-B DiNapoli Provides for fiscal audits of school districts, boards of cooperative educational services, and charter schools to reduce fiscal abuses. Chapter 267 of the laws of 2005
A.6853 Errigo Allows the code enforcement officer and building inspector for the village of Honeoye Falls, Monroe County, to live in Monroe County or an adjacent county within New York State. Chapter 81 of the laws of 2005.
A.7055 McEneny Requires that any state office located in a building that is owned or leased by the State conduct at least two evacuation drills annually. Chapter 207 of the laws of 2005.
A.7516 McEneny Protects the privacy of veterans by limiting the disclosure of honorable discharge certificates. Chapter 298 of the laws of 2005.
A.7517 Destito Extends for another year the provisions of the Patriot Plan that suspended public retirement loan repayment obligations to members of the military. Chapter 150 of the laws of 2005.
A.8312 Magnarelli Requires the Division of Criminal Justice Services to make ongoing outreach efforts to assist in the implementation and operation of Amber Alert plans. Chapter 348 of the laws of 2005.
A.8367 Silver Requires the special administration of any licensing examination that occurs on a day of religious observance. Chapter 422 of the laws of 2005.
A.8411 Destito Provides for the training and certification of persons employed in the manufactured home industry, as well as a dispute resolution mechanism in the manufactured home industry. Chapter 729 of the laws of 2005.
A.8526 Weinstein Authorizes the Crime Victims Board to award up to $2,500 in relocation expenses to victims when necessary for the safety or health of the claimant. Chapter 377 of the laws of 2005
A.8545 Reilly Allows the transfer of certain mainframe computing functions from the Division of State Police to the Office of Technology. Chapter 539 of the laws of 2005.
A.8614-A O’Mara Allows the deputy sheriff of Schuyler County to live in Schuyler County or a county that is contiguous to Schuyler County. Chapter 388 of the laws of 2005.
A.8746 Latimer Extends full indemnification protection to directors, officers, and employees of the New York State Environmental Facilities Corporation (EFC) in the course of their performance of EFC’s activities. Chapter 488 of the laws of 2005.
A.8945 Sayward Assists residents in Essex and Warren Counties whose property suffered flooding damage by allowing a special reduction in assessments for certain properties affected by the June 2005 floods. Chapter 222 of the laws of 2005.
A.8964 Silver Regulates certain interactions between lobbyists and public officials. Chapter 1 of the laws of 2005.



Appendix C: Vetoes of 2005

A.3454-A Bing Would amend provisions relating to prompt contracting for state contracts with not-for-profit organizations. Veto memo # 25.
A.5616 Weisenberg Would require the use of certain language or terminology in legislation when referring to individuals with disabilities. Veto memo # 60.
A.5866-A Gianaris Would establish the Astoria Residential Emergency Economic Relief Program in order to assist residents recovering from flooding due to a water main break on or about February 16, 2005. Veto memo # 4.
A.6333 Christensen Would require that rule-making agencies provide an easily understandable small business guide, informing small businesses owners what they must do to be in compliance with state regulations. Veto memo # 102.
A.7061-A Christensen Would assist small businesses and local governments by enabling them to make installment payments for civil penalties owed to State agencies. Veto memo # 4
A.8072 Galef Would establish a statewide first responder building mapping information system task force. Veto memo #112



APPENDIX D

BILLS THAT PASSED THE ASSEMBLY


A.9-C Silver Would regulate the interactions between lobbyists and government officials in order to increase public confidence in state and local government.
A.35 Sanders Would change reporting requirements for the Crime Victims Board regarding restitution and fair treatment standards from annual to biannual.
A.90 Sanders Would provide for open meetings to be photographed, broadcast, and recorded by audio or video means.
A.147 Destito Would require that surplus state personal property be offered to municipalities prior to public sales of such property.
A.257 Destito Would grant a court discretion to direct that a portion of any fine or penalty paid by an adjudicated violator of the State’s Antitrust Law be paid to the Crime Victims Board.
A.282 Christensen Would direct the Division of Human Rights to institute rules of practice for the consolidation of complaints when appropriate.
A.815 Stringer Would require that public bodies make reasonable efforts to have qualified interpreters for the hearing-impaired at public meetings.
A.1235 Dinowitz Would permit the awarding of reasonable attorneys’ fees, costs, and exemplary damages in court actions for unlawful discriminatory practices.
A.1236 Dinowitz Would require that the Crime Victims Board issue awards in accordance with the State Administrative Procedure Act.
A.1258 John Would strengthen the open meetings law by providing alternative judicial remedies to the courts when any aspect of a meeting is closed in violation of the Open Meetings Law.
A.1259 John Would establish conditions for when a state agency shall enter into a contract for personal services.
A.1348 Morelle Would prohibit the practice of state agencies extending loans to employees.
A.1675 Grannis Would allow for the reimbursement of attorney and litigation fees in wrongful denial of access to records under the Freedom of Information Law.
A.1678-A Gunther Would establish the Orange and Sullivan County Residential and Small Business Economic Relief Program to assist residents and businesses recover from storms that occurred.
A.2213 Koon Would increase the tools available to law enforcement by expanding the information entered into the databank to include shell casings and projectiles.
A.2159 Lifton Would waive the immunity of the State and its subdivisions for actions resulting from violations of the Americans with Disabilities Act.
A.2413 Wright Would grant the Attorney General jurisdiction to investigate and prosecute police misconduct.
A.2531 Hoyt Would require that the Executive maintain specified public and private records, as well as establish protocols for control of the records following the governor's term in office.
A.2825 DiNapoli Would prohibit the practice of compensating employees of different sexes differently for work of comparable value.
A.2941 Diaz, R. Would include within compensable losses lost wages of the parent or guardian of a minor who is hospitalized as the result of a crime in crime victims’ compensation awards.
A.3032 Pretlow Would require that public bodies make a reasonable effort to hold meetings in a location that will accommodate all members of the public who wish to attend.
A.3173 Gottfried Would relate to the amendment of legislation containing future effective dates or sunset dates.
A.3256 DiNapoli Would relate to the filing of financial disclosure documents.
A.3257 DiNapoli Would require the FBI to provide to the Division of Criminal Justice Services criminal history report on individuals seeking employment as caregivers to the prospective employers.
A.3577 DiNapoli Would establish an advocate for crime victims in State government.
A.3690 Destito Would establish a victims’ assistance program within the Crime Victims Board.
A.3691 Destito Would require the development and implementation of uniform procedures to be used to notify crime victims of their rights.
A.4133 Morelle Would relate to the hearing of complaints by the Division of Human Rights.
A.4194 DiNapoli Would provide a health care provider to the Crime Victims Board.
A.4195 DiNapoli Would expedite the disposition of claims by the Crime Victims Board.
A.4279 DiNapoli Would raise the threshold amount for certain claims for compensation for crime-related losses from $5,000 to $6,000.
A.4372 Brennan Would relate to audits and follow-up reviews of state agencies by the state comptroller.
A.4452 Christensen Would designate November 12th of every year as "Elizabeth Cady Stanton Day."
A.4576 Carrozza Would designate the last Sunday in September as a day of commemoration for Gold Star Mothers.
A.5414 Ramos Would require the state fire administrator to make training programs available on computer and by video to the maximum extent practicable.
A.5512 Ortiz Would redefine the term "necessary court appearance" when determining an individual’s award from the Crime Victims Board.
A.5625-A Destito Would clarify aspects of the Freedom of Information Law for both the requesters of information and for the agencies that respond to these requests.
A.5871 Canestrari Would extend the exceptions to restrictions on business and political activities of certain state employees who were terminated after January 1, 1995, and before April 1, 2002, for certain reasons, such as economic changes, abolition of duties, or consolidation within their departments
A.6065 Sanders Would allow individuals to bring valid civil suits in relation to human rights violations for three years after their cases are dismissed for administrative reasons by the Division of Human Rights.
A.6282-A Destito Would prohibit certain discriminatory practices against domestic violence victims relating to housing.
A.6328 Cahill Would make the scope of protection for individuals with disabilities under the state human rights law consistent with federal legislation.
A.6350 McLaughlin Would authorize the use of innovative techniques to enhance public participation in the rulemaking process, provided that all existing opportunities to participate remain undiminished.
A.6527 Cook Would create policies to strengthen the opportunities of minority- and women-owned business enterprises to compete for state contracts.
A.6809-A Nolan Would ensure that the United States flag is displayed in all New York State parks.
A.7294 Paulin Would more effectively protect individuals with disabilities from discrimination in public accommodations.
A.7993 Latimer Would update the Freedom of Information Law by enabling the public to request and receive records by electronic mail.
A.8361 Destito Would require closely affiliated not-for-profits corporations to abide by the State Code of Ethics.


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