December 15, 2003

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

Dear Speaker Silver,

As Chair of the Assembly Standing Committee on Governmental Operations, I respectfully submit to you the 2003 Annual Report. I have outlined the Committee's significant legislation and our outlook for the 2004 session.

The Committee had a number of significant accomplishments this year. The Patriot Plan was enacted to provide support to our military personnel and their families when serving our country.

The Committee continued its role as the Legislature's advocate for crime victims, working to improve the responsiveness of the Crime Victims Board and enacting a law that aids elderly and disabled crime victims when they are victims of a financial crime, such as identity theft. New laws were also enacted to extend and strengthen existing laws promoting minority and women owned business enterprises.

The agenda for 2004 will continue the Committee's focus on improving the state's procurement process and on measures to reduce corporate fraud. Strengthening the state's lobbying law, to include procurement lobbying and executive orders, is a top priority of the Committee. The Committee will also continue its active role in homeland security issues. We are working hard to ensure greater accountability and efficiency related to preparing and equipping New York State to deal with natural and man-made disasters.

I would like to take this opportunity to thank the Committee Members for their continued support. Their contributions have been crucial to the past year's achievements.

MEMBERS OF THE NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON
GOVERNMENTAL OPERATIONS

RoAnn M. Destito, Chair

COMMITTEE STAFF

Joanne Barker, Legislative Coordinator
Cheryl L. Couser, Senior Policy Analyst
Elizabeth Hogan, Counsel
Julie Marlette, Committee Assistant
Lisa Setticase, Committee Clerk
Kathleen Quackenbush, Secretary

1. Introduction
2. Legislation Affecting Military Personnel
3. Crime Victims
4. Division of Human Rights
5. Freedom of Information Law
6. Governmental Reform and Administration
7. Regulatory Reform
8. Legislation Affecting Persons with Disabilities
9. Fire and Safety
10. Office of General Services
11. Legislation Affecting Minority and Women Owned Businesses (MWBEs)
12. Miscellaneous
13. Commemoration

Committee Hearings

Considerations for the 2004 Legislative Session

Appendix A: 2003 Summary of Action on All Bills

Appendix B: Chapters of 2003

Appendix C: Vetoes of 2003

Appendix D: Bills Passed by the Assembly

1. 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, the Administrative Regulation Review Commission, and the Legislative Commission on Government Administration.

2. LEGISLATION AFFECTING MILITARY PERSONNEL

1. The Patriot Plan: Supporting our Military Personnel and Families
   (Chapter 106 of the laws of 2003/ A.9110, Silver)
   The Patriot Plan provides new and enhanced benefits to New York State military personnel that will minimize the disruptions military activation may cause in their lives and in the lives of their families.

   This law establishes a family liaison office at the Department of Military and Naval Affairs (DMNA); requires at least one library in every county to designate a computer for the use of family members of those called to active duty; directs the DMNA to negotiate bulk telephone service rates for persons in military service; provides facilities in armories for teleconferencing between active duty personnel and their families; allows students to remain in the same school district if a parent relocates due to being called to active duty; helps veterans transfer their military training and experience to civilian jobs; and extends the certification period for emergency medical technicians who have been ordered to active military duty.

   The law also waives continuing professional educational requirements to armed forces personnel who are on active duty; establishes a hotline to provide information on the Persian Gulf syndrome, Agent Orange, Hepatitis C and other war-related illnesses; establishes the Military Enhanced Recognition, Incentive and Tribute (MERIT) scholarship program that makes scholarships available to the military personnel who are legal residents of New York State, and who are permanently and severely disabled, and to the children of soldiers who have died, been declared missing or has become permanently and severely disabled during active duty in a combat theater or combat zone of operations on or after August 2, 1990.

   In addition, the Patriot Plan establishes a New York State supplemental burial allowance program to help defray the cost of burial of a resident who died in combat.

3. 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. Financial Counseling for Elderly and Disabled Crime Victims
   (Chapter 391 of the laws of 2003, A.8136/Destito)
   This law expands eligibility for crime victim awards to include the cost of financial counseling provided to elderly and disabled victims of fraud and economic crime. The National Institute of Justice estimated that over twenty-four million people become a victim of fraud or economic crime. The Federal Trade Commission (FTC) has stated that the elderly population comprises at least 80% of telemarketing fraud victims and that the elderly and disabled populations are targeted by identity theft criminals.

   Fraud and economic crimes have devastating impacts on all victims, especially the elderly and disabled. This law helps such victims to obtain financial counseling in order to recover from the effects of such crime. This law was drafted to ensure that federal funds allocated to the State could be used to cover the costs of such counseling.

2. Administrative Procedure for Determination of Claims
   (A.2853, 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 Crime Victims, Crime and Correction Committee.

3. Establishing a Victim's Assistance Education Program
   (A.1738, Sidikman)
   This bill would establish a victim's 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.

4. Victim Notification Procedure
   (A.1739, Sidikman)
   This bill would help to 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 attorneys' 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.

5. Reporting Requirements
   (A.5533, 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. Clarification of Statutory Language
   (A.4011, 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.

7. Awards for Parents and Guardians of Crime Victims
   (A.3097, Diaz)
   This bill would allow crime victim awards to include lost wages for the parents or guardians 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 additional 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 Rules Committee.

8. Sexual Assault Forensic Examiner Payment Plan
   (A.11, John)
   This bill would allow hospitals that provide sexual assault forensic exams (SAFE) to victims of sexual assault to directly bill the Crime Victims Board for their services, including the forensic exam, laboratory tests and medications. These payments would be set at a flat rate by the board, in cooperation with the Department of Health and would be periodically reassessed. By allowing the hospital in lieu of the victim to apply for this compensation, the added pressure of cost associated with a visit to the hospital will be removed from the victim.

   This bill passed the Assembly, but died on the Senate 3^rd Reading.

4. 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. Protecting Victims of Domestic Violence
   (A.8135, 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.

2. Temporary Commission to Review the Institute for Basic Research
   (Veto # 123/ A.8996, Cusick)
   This bill would create a temporary state commission to investigate the future of the Institute for Basic Research (IBR) in developmental disabilities. Since IBR was established over thirty-six years ago, it has conducted research on various developmental disabilities including Alzheimer's disease and other neurological disorders.

   In the past few years, IBR's future has been in question due to budgetary reductions. This past year, the executive budget proposed the total withdrawal of State support for the Institute. This bill would establish a temporary commission to investigate the future of the Institute and would report its findings to the Governor and Legislature by November 1, 2003.

   The Governor vetoed this bill and issued an executive order to create a commission to determine the future of IBR. The critical difference between this legislation and the executive order is the control over appointing members to the commission. The executive order provides the Governor with the power to appoint all fifteen members. This approach denies the legislature a role.

   The bill passed both houses of the Legislature and was vetoed by Governor Pataki.

3. Authorizing Class Actions
   (A.148, 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 and advanced to the 3^rd Reading in the Senate.

4. Reducing the Dismissal of Complaints Due to Administrative Convenience
   (A.1949, 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, Taxation, and Governmental Operations Committee.

5. Technical Corrections Regarding Employment Discrimination and Genetic Information
   (A.2660, Sweeney)
   This bill would make technical corrections regarding employment discrimination based on genetic characteristics and information. This bill would correct 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 written, however, inadvertently restricts certain reasonable research practices.

   This measure would permit a genetic test subject to consent to extended retention of DNA samples and would allow for result verification, and for subsequent tests with renewed consent. It would authorize 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 would allow tests to augment those authorized for research under institutional review board approved protocols, provided that personal identification of the sample has been permanently removed.

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

6. Extending the Timeframe to File Human Rights Complaints
   (A.5446, Sanders)
   This bill would extend the time frame to file a complaint with the State Division of Human Rights from one to three years. Under current law, a complaint may be filed with the Division of Human Rights up to one year from the time of the alleged incident and a civil case based on an alleged Human Rights violation may be filed up to three years following the alleged incident. This bill would make the time frame to address human rights violations consistent among the appropriate state agency and the court system.

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

7. Promoting Pay Equity
   (A.3998, 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 making gender-based wage setting in female-dominated job classifications an unlawful discriminatory practice.

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

5. 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. Redefining the Term "Public Body" in the Open Meetings Law
   (A.71, John)
   This bill would clarify the definition of "public body" for purposes of inclusion under the Open Meetings Law. The Department of State Committee on Open Government recommended in its 1992 Report to the Governor and the Legislature that section 102(2) of the Public Officers Law be amended to clarify the term "public body," and to include designated advisory committees and subcommittees within that definition. Under the current language, the application of the Open Meetings Law to these advisory bodies is ambiguous. Amending the language of this section would prevent the proceedings and decisions of such advisory bodies from falling beyond the scope of the Open Meetings Law.

   This bill passed the Assembly, but died on the 3^rd Reading in the Senate.

2. Public Meetings Locations
   (A.4846, Pretlow)
   This bill would mandate that when planning a public meeting the body in charge of planning 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, Taxation, and Governmental Operations Committee.

3. Penalties for Unauthorized Disclosure of Warrants
   (A.4881, Stringer)
   This bill would regulate the public disclosure of information stored in the statewide computerized registry of orders of protection and family offense warrants by establishing a criminal penalty for any person who willfully allows the inappropriate release of any data or information stored in the registry. In addition, a civil fine of up to $5,000 could be imposed for negligent release of this information.

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

4. Preserving Executive Records
   (A.623, 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.

5. Access to Public Meetings for the Hearing Impaired
   (A.4503, 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 Rules Committee.

6. GOVERNMENTAL REFORM AND ADMINISTRATION

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 ethical concerns, 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. Distribution of the Community Services Block Grant
   (Chapter 196 of the laws of 2003/ A.2407, Jacobs)
   This law extends the authorization of the Department of State to administer the Community Services Block Grant (CSBG) through the year 2004. 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 allows community action agencies to continue providing services to the poor in New York State.

2. State Indemnification Extended to the Municipal Bond Bank Agency
   (Chapter 435 of the laws of 2003/ A.9077, Schimminger)
   This law provides indemnification to the employees, directors, and officers of the New York State Municipal Bond Bank Agency (MBBA). In the past, the Legislature has granted indemnification against financial loss to members, officers and employees of various public authorities and public benefit corporations.

   MBBA is in the process of developing a tax lien securitization program pursuant to Chapter 203 of the laws of 2000. This law provides indemnification to MBBA's directors, officers and employees for any liability arising out of services performed on behalf of MBBA.

3. Mandating Reporting Requirements for NYSTAR
   (A.6463, Magnarelli - Veto message 142)
   This bill would require the New York State Science, Technology, and Academic Research (NYSTAR) Advisory Council to report annually to the Legislature. The State has invested in various programs related to research and development. These investments, in the forms of grants and awards, go to public and private research institutions engaged in research and development in such programs. By requiring NYSTAR to annually report about their activities and programs, the State would be better able to evaluate the effectiveness of such grants and awards.

4. Prohibits State Agency Loans to Employees
   (A.188, 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. Refund of Unaccepted Document Processing Fees
   (A.1233, Kaufman)
   This bill would require the Department of State to return filing fees accompanying any document when the Department refuses to accept such document. The Department of State maintains that it refunds all fees when a document is not accepted for filing. This bill would place a current administrative procedure into law.

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

6. Revolving Door Exemptions
   (A.1707, 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 up 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. Responsible Bidders Database Act
   (A.3730, Klein)
   The bill would create a responsible bidders database. The database would be a central storage area for agency information on bidder background and history information. A centralized database would enable agencies to store, share and exchange bidder information prior to a contract award.

   This bill was based off of a New York City law, which established its successful Vendex database. By creating a central storage system, all agencies will have more complete information when considering bids for state contracts.

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

8. Financial Disclosure by Candidates for State Office
   (A.3882, 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 increasing the financial disclosure filing deadline from seven days to fourteen, this legislation would be make 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 Rules Committee.

9. Preventing Police Misconduct
   (A.6488, 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.

10. Creating an Independent Legislative Budget Office
    (A.8446, Grannis)
    This bill would establish the New York State Legislative Budget Office (NYSLBO) to provide objective, non-partisan analysis of state revenues, expenditures and management practices. This bill was modeled after the Congressional Budget Office and the New York City Independent Budget Office.

    The Senate and Assembly would have access to the same data, analyses and information, thereby helping to eliminate disparities in both revenue and expenditures. This bill would help the budget process by having a non-partisan office provide legislators with the information they need to make decisions regarding the budget.

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

11. Increasing Inter-Governmental Cooperation for Caregiver Background Checks
    (A.3881, 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.

12. Requiring Notices for "Notarios Publicos"
    (A.6079, Sanders)
    This bill would protect individuals from being victimized by "notarios publicos" who intentionally hold themselves out as experts in legal matters. People of hispanic descent may associate the term "notario publico" with a person highly specialized in the knowledge and practice of law. This is not the definition conveyed by the term "notary public" in New York.

    This bill would require that any notary public who is not an attorney and who offers or advertises the service of "notario publico" to display a notice in any advertisement and at the place of business that such person is not authorized to give legal advice. By requiring conspicuous notices, residents will be better informed and protected from fraud.

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

13. Regulating Charitable Solicitations
    (A.8137, Destito)
    This bill would strengthen the State's ability to enforce actions against individuals and entities that engage in fraudulent charitable solicitations. In response to the events of September 11, 2001, the Executive, pursuant to his disaster emergency authority, issued an executive order that implemented various anti-fraud protections. The executive order remained in effect only during the period of the disaster emergency. This bill would adopt those reforms to permanently strengthen the State's ability to enforce actions against those that engage in fraudulent charitable solicitations.

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

14. Disclosing Charitable Information
    (A.8746, Lentol)
    This bill would increase the ability of prospective donors to obtain information regarding the percentage of money raised in phone solicitations going directly to the charity for which the solicitation is being made. It would require professional fund raisers to inform potential donors that such donor is entitled to know the proportion of funds the charity has received in prior telemarketing campaigns and how much the charity retained.

    This bill would add firefighter organizations to the definition of "law enforcement organizations," which would enable the State to strengthen enforcement actions for fraudulent or misleading solicitations made on behalf of firefighter organizations.

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

15. Lobbying Reform
    (A.9062, Silver)
    The purpose of this bill is to increase public confidence in state and local government by taking steps to require public disclosure of interactions between lobbyists and government officials. This would be accomplished by expanding the definition of "lobbying" to include actions related to the procurement of goods or services by a state agency or municipality and executive orders. This bill would also extend the prohibition of contingency retainers to the adoption of an executive order, contracts, local laws and ratemaking proceedings.

    The lobbying law does not govern attempts to influence agency or municipal officials when seeking a favorable decision on a bid. By including procurement and executive orders in the lobbying law, the State would be instituting stronger protections for integrity in the procurement process.

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

7. 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 affect the law. 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. Increasing Public Comment on Proposed Rules
   (Chapter 327 of the laws of 2003/ A.8477-A, Diaz, R.)
   This law provides a minimum forty-five days for public comment for proposed rules subject to a five-year review pursuant to the State Administrative Procedure Act (SAPA). In 1996, the Legislature enacted section 207 of SAPA which placed all new rule adoptions by state agencies on a five-year review cycle. Agencies must publish such rules in their regulatory agendas along with reasons for wanting to continue or modify such rule. This process ensures that rules do not become obsolete or limit the use of new technology.

   While section 207 requires each agency to invite public comment, the law does not require a set time frame to receive comments. While most agencies have provided the public with a forty-five day period, some have allowed less time, or failed to specify a comment period. This law creates a standard comment period for such proposed rules.

2. Increasing Public Comment Time Frame on Summarized Rules
   (Chapter 429 of the laws of 2003/ A.6902, Diaz, R.)
   This law increases the ability of the public to obtain and react to proposed regulation and rule changes by requiring the public comment period be extended from forty-five days to sixty days for rules that published only a summary of text of the proposed rule changes. In cases in which the full text of a rule exceeds two thousand words, only a summary of the rule is published in the State Register, along with information regarding from whom to obtain a copy of the complete text.

   The additional time involved in requesting the full text takes away from the forty-five day comment period. This law provides the public with an extra fifteen days in the comment period for rules which are summarized.

3. Legislative Notice of Required Rules
   (A.82-A, John)
   This bill would direct state agencies to send a draft notice of proposed rule-making changes to the prime legislative sponsors of the bill that created the law. In a 1995 report, "A Revolution in Regulations," the Public Policy Institute argued that agencies sometimes are slow in promulgating rules that are required by law and are needed to implement statutory provisions. This bill would mandate state agencies to notify legislative sponsors of any upcoming or necessary change.

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

4. Regulatory Impact Statements
   (A.147, Christensen)
   This bill would improve the rule-making process by providing expanded information about the costs and benefits associated with an agency's proposal. The requirement for regulatory impact statements has improved the quality of rules by requiring agencies to disclose the benefits of a proposal and the costs that would be imposed on the regulated parties.

   In many cases, agencies do not fully address the issues of who would benefit from adoption of a regulation and who would bear the costs. This legislation would require a detailed analysis of the full range of expected benefits and costs of a proposed agency action.

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

5. Small Business Compliance Guideline Regulations
   (A.149, Christensen)
   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 of providing 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.

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

6. Installment Payment Plan for Small Businesses and Local Governments
   (A.345, Christensen)
   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.

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

7. 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.

8. Regulating the Enactment of Agency Rules and Regulations
   (A.2642, McLaughlin)
   This bill would add definitions and controls to the State Administrative Procedure Act (SAPA), 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.

9. Emergency Adoption of Rules
   (A.2645, McLaughlin)
   This bill would change the standards for adopting emergency rules by requiring that emergency rules be adopted only at times when there is an immediate threat to public health, safety or welfare. At all other times regulations regarding rulemaking would apply. Current standards allow agencies to institute emergency rules when it is necessary to preserve the public health, safety and welfare, a less stringent standard, which allows greater opportunity for abuse.

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

8. LEGISLATION AFFECTING PERSONS WITH DISABILITIES

1. Increasing the Responsibilities of Public Entities to the Disabled
   (A.5468, 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.

2. Unlawful Discriminatory Practices
   (A.5469, Cahill)
   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.

3. Protecting State Employees with Disabilities
   (A.5511, 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 Rules Committee.

4. Strengthening Guide Dog Protections
   (A.8752, Weprin)
   This bill would prevent discrimination against people with disabilities who are accompanied by guide, hearing and service dogs by creating a new penalty for repeated violation of section 47 of the Civil Rights Law. Although state and federal law prohibit discrimination against people with disabilities accompanied by guide, hearing and service dogs, many places of business bar these individuals access to their facilities or demand that these animals be left outside the premise.

   People with disabilities accompanied by guide, hearing or service dogs would benefit from increased penalties for entities that habitually violate current provisions of the Civil Rights Law.

9. FIRE AND SAFETY

   The Governmental Operations Committee considers legislation concerning the three 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, and the State Emergency Management Office within the Division of Military and Naval Affairs.

1. Increasing Safety at Live Fire Exercises.
   (Chapter 125 of the laws of 2003/ A.8145, Destito)
   This law prohibits the use of a person to portray a victim in firefighter training done under live fire conditions. Training under live fire conditions is an important part of firefighter training. Recently, there have been a number of incidents in which having persons play victims in live fire situations has led to injury and even death.

   While recognizing the importance of live fire training, there is no justification for the use of any person as a victim. The National Fire Protection Association (NFPA) standards of live fire training recommend that no person play the role of victim in these situations. This law codifies NFPA standard into law.

2. Increasing the Reach of the Emergency Services Loan Account
   (Chapter 646 of the laws of 2003/A.6960, Canestrari)
   This law allows more funds to be made available to emergency service, ambulance and fire districts by increasing the percentage of project funds that may be borrowed from the emergency services loan account from fifty percent to seventy-five percent. This law provides the Emergency Services Low Interest Revolving Loan Board with flexibility to deal with the needs of less advantaged communities by allowing districts to borrow up to seventy-five percent of the cost of fire apparatuses, ambulances or other rescue vehicles.

3. Quarterly Evacuation Drills of Public Buildings
   (A.1808, McEneny)
   This bill would increase safety in state buildings by requiring evacuation drills on a quarterly basis. With the recent events of September 11, 2001, it is important to be prepared for an emergency that may require an emergency evacuation of a building. This bill would require quarterly evacuation drills in order to increase safety and preparedness of workers.

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

4. Equipping Public Buildings with External Defibrillators
   (A.4421-A, Gottfried)
   This bill would require all state institutions and buildings to be equipped with automated external defibrillators (AED's). Over 250,000 people die each year from sudden cardiac arrest. Defibrillation is the only known therapy to treat an individual in cardiac arrest.

   In recent years, the Legislature has enacted several laws to increase the use of AED's. In 1998, the Legislature eliminated obstacles to permitting non-medical providers to use AED's and in 1999, the Legislature enacted a $500 tax credit for the purchase of an AED. This bill would greatly increase survival rates from cardiac arrest victims by placing AED's in targeted public areas.

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

10. OFFICE OF GENERAL SERVICES

1. Extending the Maximum Value Limitation for Emergency Construction Contracts
   (Chapter 94 of the laws 2003/ A.8131, Destito)
   This law extends the provision of law that allows the state to enter into emergency construction contracts at a value of two hundred thousand dollars. If the law were not extended the commissioner of the Office of General Services could only authorize contracts up to forty thousand dollars. Construction costs have steadily increased with inflation and this law would allow the Commissioner sufficient flexibility to amend emergency construction without formal bidding.

   The emergency contracting statute was enacted with the intent to enable the commissioner to promptly address a large variety of building and facility damages, which occur on state property. Construction emergencies may create a direct threat to health, safety and the lives of state employees and members of the public. This law extends the expiration date of these provisions from June 30, 2003, to June 30, 2005.

2. Land Conveyance to the County of Steuben
   (Chapter 412 of the laws of 2003/A.5656-A Bacalles)
   This law authorizes the commissioner of the Office of General Services, with the consent of the commissioner of the Department of Transportation, to transfer and convey certain state land in the county of Steuben to the County of Steuben. The ten-acre parcel of state land that could be conveyed would be the future site of a solid waste transfer station for Steuben County. Upon cessation of the use of the parcel as a waste transfer station, the land will revert back to the State.

3. Sale of Real Property to Siena College
   (Chapter 454 of the laws of 2003/A.8466, Canestrari)
   This law authorizes the commissioner of the Office of General Services to sell certain state land to Siena College. The current headquarters of State Police Troop G is located across from the Siena campus. This land is sought for future expansion of the campus. This law provides a mechanism by which the State and the College may coordinate the sale of the property should it become available in the future.

4. Land Conveyance to Historic Hudson Inc.
   (Chapter 610 of the laws of 2003/A.8347-A, Manning)
   This law authorizes the commissioner of the Office of General Services, with the consent of the commissioner of the Department of Correctional Services, to lease certain state land to the Historic Hudson, Inc. The Plumb-Bronson house is located in the City of Hudson on the grounds of the Hudson Correctional Facility. The house was built in 1812 and has been opened by the Department of Correctional Services on a limited basis for benefit preview and public open houses to raise money for restorations. Restorations have been made, and Historic Hudson would like to open the home for public enjoyment. This law would lease such land to Historic Hudson for the public enjoyment of the home.

11. LEGISLATION AFFECTING MINORITY AND WOMEN OWNED BUSINESSES

1. Protecting Minority and Women Owned Businesses
   (Chapter 628 of the laws of 2003, A.7233-A/Destito)
   This law extends the provisions of Article 15-A of the Executive Law for fifteen years. The purpose of Article 15-A, enacted in 1988, is to promote the development of minority and women owned businesses (MWBE's) and to ensure that a fair share of state contract dollars are spent on products and services provided by MWBE's. To ensure that the State continues its policies and programs to improve the participation of minorities and women in state contracts, the provisions of Article 15-A have been extended. In addition, this law adds the Urban Development Corporation (UDC) and its subsidiaries to the list of state agencies subject to Article 15-A.

2. Strengthening Participation of Minority and Women Owned Businesses
   (Chapter 636 of the laws of 2003, A.9057/Towns)
   This law requires that every state agency, department and authority that handles two million dollars or more in service and construction contracts to undertake a biannual study to determine if its current state policies for procurement preclude participation in the bidding process by MWBE's and to create a service directory of certified MWBE's. Under the provisions of this law, agencies must contact the businesses in the service directory on an annual basis to inform them of potential contract opportunities.

   A study by the Department of Economic Development (DED) demonstrated that the State needs to make a more concerted effort to promote participation by MWBE's in the state contract process. This law promotes participation by requiring agencies to review current policy and increase contact to MWBE's.

3. Ensuring State Compliance with Article 15-A
   (A.6750-A, Millman)
   This bill would require the Department of Audit and Control to report on the status of current compliance with the regulations governing the treatment of Minority and Women Owned Businesses in the competitive bidding process.

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

4. Evaluating Minority and Women Owned Business Enterprise Programs.
   (A.8715-B, 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 strengthen the MWBE program throughout the state by reducing methods used to circumvent the existing provisions of law.

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

12. MISCELLANEOUS

1. Requiring Security Measures for Power Generating Facilities
   (Chapter 403 of the laws of 2003/A.3102-B, Gianaris)
   This law increases security at power generation stations by requiring the Office of Public Security to establish uniform statewide standards and procedures. Prior to the enactment of this law, there were no mandated security requirements for power generation facilities in this State. Security measures and decisions were made on a facility by facility basis without state supervision. This legislation is designed to ensure greater safety and oversight.

2. Madison County Residency Requirements
   (Chapter 129 of the laws of 2003/ A.4698-A, Magee)
   This law allows Madison County to hire as deputy sheriff residents of either Madison County or an adjacent county. This will allow Madison County to expand the recruitment pool to include more populous adjacent counties.

3. Town of Barker Residency Requirements
   (Chapter 471 of the laws of 2003/A.6972-A, Finch)
   This law allows the Town of Barker to hire as court clerk residents of Broome County or any adjoining county. This law will provide more flexibility for the Town of Barker in hiring a court clerk.

4. Town of Maine Residency Requirements
   (Chapter 472 of the laws of 2003/ A.7353-A, Finch)
   This law allows the Town of Maine to hire as building inspector/code enforcer residents of any adjoining county to the County of Broome. Expanding the residency requirement from solely Broome County residents will provide the Town of Maine with more flexibility when hiring a building inspector/code enforcement officer.

5. Tompkins County Residency Requirements
   (Chapter 313 of the laws of 2003/ A.8643, Committee on Rules)
   This law allows Tompkins County to hire as deputy sheriff residents of contiguous counties. The change in the county residency requirement will provide the county with a larger pool of applicants.

13. COMMEMORATION

1. Perry B. Duryea, Jr. State Office Building
   (Chapter 459 of the laws of 2003, A.5453-A, Thiele)
   This law designates the state office building located on Veterans highway in the town of Islip, county of Suffolk, as the "Perry B. Duryea, Jr., State Office Building." Mr. Duryea served as the Speaker of the State Assembly from 1969 to 1974.

2. A Day of Commemoration for Harriet Tubman
   (Chapter 402 of the laws of 2003/ A.8969, Robinson)
   This law designates March 10th as "Harriet Tubman Day," a day of commemoration. Harriet Ross was born into slavery in 1819 or 1820, in Maryland. At the age of 25, she married John Tubman, a free African-American. Five years later, she made her escape from slavery. Following her escape, Harriet Tubman devoted herself to freeing other slaves as a conductor on the underground railroad. Her courage and dedication deserve recognition by the State through the establishment of a day of commemoration in her honor.

3. A Day of Commemoration for Susan B. Anthony
   (A.2509, Klein)
   This bill would designate February 15th as Susan B. Anthony Day, a day of commemoration. For over fifty years, Susan B. Anthony was a leader of the women's suffrage movement, and during her lifetime successfully campaigned to have voting rights established in four states. Ultimately, her work led to the passage of the nineteenth amendment to the United States Constitution giving women the right to vote. Susan B. Anthony tirelessly advocated for women's voting and property rights in New York State. Her pioneering spirit and lifetime of dedication to the causes of labor, abolitionism and women's suffrage warrant recognizing her birthday as a day of commemoration.

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

4. A Day of Commemoration for Juneteenth Freedom Day
   (A.3098-A, Towns)
   This bill would designate June 19th as Juneteenth Freedom Day, a day of commemoration. This day would commemorate the end of slavery. Juneteenth day is an African-American holiday that dates back to June 19, 1865, when Union soldiers under the command of Major General Granger arrived in Galveston, Texas, with the news that the Civil War had ended and all slaves were free. New York would become the eighth state to officially recognize Juneteenth Freedom Day. The others states that recognize this day are Texas, Oklahoma, Florida, Delaware, Alaska, Iowa and Idaho.

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

5. A Day of Commemoration for Gold Star Mothers Day
   (A.6729, Carrozza)
   This bill would designate the last Sunday in September to be known 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 Rules Committee.

In 2003, the Committee participated in four public hearings and four roundtable meetings. In addition, four hearings were held by the Temporary Joint Legislative Committee on Disaster Preparedness and Response. Assemblywoman Destito served as co-chair of this joint committee.

Temporary Joint Legislative Committee on Disaster Preparedness and Response

In 2003, the State Legislature adopted Concurrent Resolution 897, which established the Temporary Joint Legislative Committee on Disaster Preparedness and Response. The Joint Committee was charged with analyzing the existing structure of New York State government that addresses emergency and disaster preparedness, evaluating interagency cooperation, and ensuring greater accountability and efficiency related to better preparing and equipping New York State to deal with natural and man-made disasters.

The Joint Committee held four hearings across the state. It met initially in New York City on June 30, 2003, and met again in New York City on September 29, 2003, to examine cyber-security issues. On October 2, 2003, it held a hearing in Jamestown on agri-terrorism, and on December 9, 2003, the committee held a hearing in Albany on budgeting for disaster preparedness and response.

The Joint Committee has received a great deal of information on a wide array of preparedness and response issues. Pursuant to the concurrent resolution, it will issue to both houses of the legislature detailing its findings.

Help American Vote Act Hearings

The Committees on Governmental Operations and Election Law held three joint hearings across New York State in order to obtain public comment on New York State's implementation of the federal Help Americans Vote Act (HAVA). Both Chairwoman Destito and Assemblyman Keith Wright, chairman of the Election Law Committee, have been designated as the Assembly representatives on the New York State HAVA Task Force. The implementation of HAVA will impact voting procedures for all New Yorkers for the foreseeable future.

HAVA requires the New York State Task Force to develop a statewide centralized electronic database of eligible voters, ensure access to voting for all citizens, especially minority and disabled communities, broaden participation and set requirements for the statewide training of officials and poll workers.

The first hearing was held on April 4, 2003, in New York City, followed by an April 14, 2003, hearing in Albany, and an April 23, 2003, hearing in Rochester. These hearings provided a forum, open to the public, to comment on what should be included in the state plan to implement HAVA.

As a result of these hearings, the Assembly issued a minority report highlighting important measures that should be incorporated into New York State's implementation plan.

Hearing on the Implementation of the Cigarette and Fire Safety Act of 2000

On June 12, 2003, the Committee on Governmental Operations held a joint hearing with the Committee on Insurance to assess the adoption status of the cigarette fire safety standards required by the Cigarette Fire Safety Act of 2000, and to evaluate the impact of any delay of the mandated standards on insurers and other stakeholders.

The Cigarette Fire Safety Act of 2000 requires the Department of State, in consultation with the Department of Health, to promulgate safety standards to limit the risk of fires from carelessly handled cigarettes. Pursuant to statute, preliminary cigarette fire safety standards are to be promulgated within two years of its January 1, 2002 enactment date, with final standards to be in place no later than one hundred and eighty days after such date. The Office of Fire Prevention and Control issued proposed standards on December 31, 2002, the latest date permitted by law, making the latest compliance date for the issuance of final standards July 1, 2003.

As the compliance date drew near, the Committees held a hearing to assess the status of the Department of State's regulatory review and proposed standards and the projected date for their finalization, as well as the impact of timely adoption on property owners, firefighters, health care providers, insurers and other interested stakeholders.

On December 31, 2003, the Department of State adopted fire safety standards for cigarettes that will require all cigarettes sold in New York State to be low ignition strength, making them less likely to cause fires if left unattended. The cigarette fire safety standard becomes effective June 28, 2004.

Roundtable on the Extension of Article 15-A (Participation by Minority Group Members and Women with Respect to State Contracts).

On May 30, 2003, the Committee held a joint roundtable with the Committee on Corporations, Authorities and Commissions, the Committee on Small Business, the Black, Puerto Rican and Hispanic Legislative Caucus, the Task Force on Women's Issues and the Puerto Rican/Hispanic Task Force to examine the reauthorization of Article 15-A of the Executive Law and in order to obtain input of minority and women-owned business enterprises (MWBE's) on the effectiveness of the program. The roundtables were well attended by trade groups, business organizations and minority and women business owners, who shared their experiences and suggestions for reform of Article 15-A.

As a result of this roundtable and a 2002 hearing on Article 15-A, a legislative package was proposed and enacted. Assembly bill 7233-A, introduced by Chairwoman Destito and enacted as Chapter 628 of the laws of 2003, extended the provisions of Article 15-A for fifteen years and added the Urban Development Corporation to the list of agencies subject to the provisions of the Article. Assembly bill 9057, sponsored by Assemblyman Darryl Towns and enacted as Chapter 636 of the laws of 2003, increased the oversight and outreach capabilities of the State in dealing with MWBE's.

Two other pieces of legislation also passed the Assembly. Assembly bill 6750-B, introduced by Assemblywoman Joan Millman, would require the State Comptroller to conduct an audit, review and disparity study to evaluate the effectiveness of Article 15-A. In addition, Assembly bill 8715-B, introduced by Assemblywoman Vivian Cook, would help increase participation in Article 15-A by prohibiting the use of automatic waivers of compliance by agencies, enhancing agency reporting requirements, and requiring the recertification of MWBE's.

Roundtable on Women and Technology in the 21st Century

The Committee on Governmental Operations, along with the Committee on Labor, the Task Force on Women's Issues, the Legislative Commission on Skills Development and Career Education, and the Legislative Commission on Science and Technology, held a series of roundtables focusing on Women and Technology in the 21st Century. The Committees, Commissions and Task Force recognize the fact that proportionally fewer women pursue science degrees and earn less than men in both technology fields and in the workforce at large. Because many new businesses in the economy derive from science and technology innovations, the under-representation of women in this field risks continued disparity in income between men and women.

The roundtables focused on the barriers that hinder women from succeeding in science and technology careers, the nature and extent of the barriers, and solutions that may increase women's participation in science and technology fields.

The first roundtable was held on March 20, 2003, in Utica. On April 15, 2003, a roundtable was held in Albany that focused on pay equity; a roundtable was also held in New York City on October 9, 2003. Participation at the roundtables has included industry representatives, educators, university representatives, profession organizations and labor groups.

The Committee will continue its work on assessing the structure and effectiveness of the state's disaster preparedness structure. In 2003, Chairwoman Destito served as co-chairperson of the Temporary Legislative Joint Committee on Disaster Preparedness and Response. The urgent need to hold hearings on this issue and develop further legislation continues.

The Governmental Operations Committee will continue to pursue legislative remedies to the unique problems faced by crime victims and will work to improve the functions and responsiveness of the Crime Victims Board.

The agenda for 2004 will continue the focus on strengthening the state's lobbying law by expanding the law to capture the procurement of state and municipal contracts and the issuance of executive orders.