Annual Report 2oo1
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Committee on
Governmental Operations
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New York State Assembly
Annual Report 2oo1 |
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Committee on Governmental Operations |
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| RoAnn M. Destito, CHAIR | Sheldon Silver, SPEAKER | ||
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December 15, 2001
The Honorable Sheldon Silver Dear Speaker Silver: As Chairperson of the Assembly Standing Committee on Governmental Operations, I respectfully submit to you the 2001 Annual Report. I have outlined the Committee's significant legislation and our outlook for the 2002 session. The committee has achieved a number of significant accomplishments this year. The state's "Son of Sam" law was improved, making it easier for victims of crime to recoup losses from their perpetrators. The legislature passed other initiatives to protect the rights of crime victims, establish clearer privacy protection for individuals whose genetic material is used in research, create an internet privacy policy, and expand the provisions of FOIL to deal with the flow of electronic information in a way that protects the state's computer system. The agenda for 2002 will continue the Committee's focus on improving government efficiency, as well as improving the regulations that address the role that technology plays in the relationship between citizens and government. Additionally, while public safety has always been an important issue to the committee, in the wake of the September 11 tragedy, improving programs and communications technology for all emergency services will be an even greater priority. I would like to take this opportunity to thank the members of the Committee for their continued support. Their contributions have been central to the past years achievements. |
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Sincerely,
Assembly Committee on Governmental Operations |
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MEMBERS OF THE NEW YORK STATE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS RoAnn M. Destito, Chair |
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MAJORITY Nettie Mayersohn Jeffrey Dinowitz Scott Stringer Ruben Diaz, Jr. Margaret M. Markey Sam Hoyt |
MINORITY Catherine Young Ranking Minority Member Robert Oaks |
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COMMITTEE STAFF Joanne Barker, Legislative Coordinator Rachel Thielmann, Analyst Elizabeth Hogan, Counsel Sondra Addobea-Reese, Committee Assistant Nick Antennucci, Committee Clerk Kathleen Quackenbush, Secretary |
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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, 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 Administrative Regulation Review Commission, and the Legislative Commission on Government Administration. |
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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 in 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.
This law will extend the time for filing a claim with the Crime Victims Board when the claimant had no knowledge of the compensation program. Crime victims must file compensation claims with the Crime Victims Board, in person or by mail, no later than one year after the occurrence of the crime. This period may be extended indefinitely if the Board feels that there exists good cause evidencing why a crime victim did not file a claim within the one-year period. The Crime Victims Board has estimated that annually, over 26,000 crime victims in New York State have crime-related bills or lost earnings and may be eligible for compensation under the state program. Of these victims less than half file claims with the Board. For those claims that are filed, over 2,000 are denied simply because victims filed claims after the one-year period as they were not aware of the compensation program. This act waives this restriction if the victim was not notified of their eligibility to receive compensation at the police station, hospital or other agency named by the Crime Victims Board.
This law expands the provisions of the "Son of Sam" law in New York State. This expansion addresses deficiencies of the current law dealing with both the status of the offender and the assets that are accessible to the victim under the statute. This law extends the period of time during which the convicted criminal could be found civilly liable for damages caused by the crime to include time served for the crime or time served on conditional release or parole and the three years following the end of such a sentence. This law also expands the type of assets that the victims and families of victims could make claims against to include all assets regardless of source with the exception of child support. These expansions will allow more crime victims to receive compensation for the expenses related to the crimes committed against them.
Crime victims have indicated that decisions denying compensation claims awards by the Crime Victims Board 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, thereby provoking an appeal of the decision on that basis. This bill would require that all determinations of claims made by the Crime Victims Board be rendered in accordance with the State Administrative Procedure Act, which requires stating 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.
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.
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 Corrections Committee.
This bill would grant court's discretion to designate part or all of any fine or penalty paid by an adjudicated violator of the state's antitrust laws to be deposited with the Crime Victims Board. Antitrust crime, by its very nature, is an economic crime against the interest of the people of this state. In these cases, it is appropriate for courts to be given discretion to direct fines to the Crime Victims Board. This bill passed the Assembly, but died in the Senate Consumer Protection Committee.
This bill would change the reporting requirements regarding 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.
This bill would authorize the Crime Victims Board to accept other official documents in lieu of police reports to document eligibility for compensation for rape or sexual assault. Studies show that many victims need time to deal with the effects of a sexual assault and are not emotionally ready to go to the police immediately after a crime has been committed. Failure to file a police report should not bar compensation. New York State is not precluded under federal law or regulation from changing the eligibility criteria. This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Corrections Committee.
This bill would define the term "necessary court appearance" for the purpose of determining a crime victim's award or 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.
This bill would increase the amount of money that the Crime Victims Board can award for the repair or replacement of personal property. Currently, the Board can only award victims $100. This bill would increase that amount to $750, which would represent a fairer evaluation of the personal financial damages that victims face as the result of the crimes committed against them. This bill passed the Assembly, but died in the Senate Finance Committee.
This measure would establish a crime victim's ombudsman within the Division of Criminal Justice Services and prescribe such person's functions, powers and duties. Interviews and discussions with crime victims have demonstrated that there is a need for a third party to act as a liaison between crime victims and the Crime Victims Board, the courts and other governmental agencies. This bill would establish a state-level office with broad investigative powers and the sole purpose of acting as an advocate for crime victims. By providing this advocate the State would be taking an important step in addressing the mental trauma suffered by victims of crime, by making it as comfortable as possible to deal with the necessary government agencies. This bill passed the Assembly, but died in the Senate Finance Committee.
Under current law any compensation to a victim that meets or exceeds $5,000 must be investigated to determine whether the claimant would suffer financial difficulty in the event the award is not granted. In 1996, the burial expense award was increased from $2,000 to $6,000. The award increase had the unintended effect of subjecting every family who seeks the maximum burial expense allowance to the financial difficulty test. By raising the threshold amount from $5,000 to $6,000, this bill would eliminate the extra paperwork and burden to families of victims by creating parity between the burial expense and the threshold for providing compensation without a determination of financial difficulty. This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Corrections Committee
This bill would eliminate the $100,000 cap on exemption of a claimant's homestead in determining financial difficulty for purposes of crime victim compensation. When making an award over $5,000 to a qualified victim, the Crime Victims Board must consider a claimant's assets in determining whether the victim would suffer financial difficulty in the absence of an award. Current statute contains a $100,000 cap on the exemption of a claimant's homestead despite the fact that property values have changed significantly since the law was last amended in 1983. This bill, by removing the limitation on homestead exemptions, would allow for fluctuation of property values due to economic factors beyond the homeowner's control, and would offer crime victims more equitable compensation. This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Correction Committee.
This bill would require the Secretary of the Crime Victims Board to conduct an investigation to determine whether a claimant is eligible to receive an award. By providing a better initial review of claims most eligible cases would ultimately receive a quicker disposition. The current method of investigating claims has led to a backlog of unresolved cases. In addition, under the current system, some claimants have had to wait up to a year, only to be told that they are ineligible to receive an award. This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Correction Committee.
This bill would add a health care provider to the Crime Victims Board. Historically there has been little or no health care representation on the Board. Since many of the claims filed with the board involve health care issues due to injuries inflicted on victims, the medical expertise offered by a health care practitioner would prove an asset to the Board. This bill passed the Assembly, but died in the Senate Crime Victims, Crime, and Correction Committee.
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 would be removed from the victim. This bill passed the Assembly, but died in the Senate Finance Committee. |
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III. 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.
This bill would make provisions for the use of biological samples in scientific research and testing while protecting the identity of the individuals donating these samples. While the state recognizes the importance of continuing genetic research, these important developments must be balanced with protecting the privacy of the individuals contributing their tissue samples to be used in this research. This bill would require the collecting agency to remove any identifying information from tissue samples that would allow the sample to be associated with the donating individual. This bill would also require that participants must provide their consent for the use of their sample, be informed that their samples will be used for testing, and be informed how long the tissue samples will be kept. In addition, this bill would require the participants to be able to choose whether or not they wish to be contacted in the future.
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 complaint 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, Taxation, and Governmental Operations Committee.
This bill would prohibit discrimination in education, employment, or public accommodation based on an individual's actual or perceived sexual orientation. Currently, State law provides for equal opportunity regardless of age, race, creed, color, national origin, sex, disability, or marital status, but offers no protection against discrimination based on sexual orientation. This exception in law is glaring, particularly in a State that has been a leader in preserving the fundamental right of privacy. This measure would take the appropriate steps to establish civil rights protection for the citizens of this state regardless of their sexual orientation. This bill passed the Assembly for the ninth time in 2001, but died in the Senate Rules Committee.
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 is intended to insure that the rights of the aggrieved party to obtain redress will be maintained if his or her 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.
This bill would make 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 written, however, inadvertently restricts certain reasonable research practices. This bill passed the Assembly, but died in the Senate Investigations, Taxation, and Governmental Operations Committee.
This resolution to amend the state constitution would formally recognize the parity of men and women in the state constitution. In the first 13 pages of the constitution alone, words of the masculine gender are used 75 times. The male reference is used throughout Article IV when referring to Executive powers. These amendments grant women parity in the state constitution. This resolution was initially passed by both houses of the state legislature during the 1999-2000 legislative session. Having meet this initial requirement of being enacted by two separate legislatures, the resolution will be delivered to the secretary of state to be placed on the ballot for adoption or rejection by the voters. This resolution was enacted by public approval as a part of the 2001 general election ballot.
This bill would prohibit different pricing schemes for similar or like services based solely upon a person's sex. Several studies, including one conducted by the New York City Commissioner of Consumer Affairs, have shown that women are often charged more than men for services by the same service provider when there is no difference in the type, nature or duration of service rendered. This situation has been most frequently documented in cases involving dry cleaning and haircutting. Consumers injured by a violation would be authorized to bring actions to recover either treble damages or $100, whichever is greater. Attorney's fees would also be awarded to a prevailing plaintiff and the Attorney General would be authorized to make an application for an injunction against the continuance of an alleged violation. In addition, the State Consumer Protection Board would be required to maintain a record of complaints and actions taken regarding price discrimination and to report its activities and statistics in this area annually. This bill passed the Assembly, but died in the Senate Consumer Protection Committee.
This bill would make it an illegal discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth. A January 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 that makes it an unlawful discriminatory practice to engage in such discrimination. This bill passed the Assembly, but died in the Senate Investigations, Taxation, and Governmental Operations Committee. |
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IV. 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 deliberations and decisions that go into the making of public policy. Both these laws ensure the government's accountability to the people.
This law make changes to the freedom of information law (FOIL) to allow state agencies to better protect their information technology. Under state law, state agencies were allowed to deny access to their computer access codes, but the terminology of the law, enacted in 1984, was not adequate to protect all information that could allow unauthorized access to electronic files, communications and other assets. This law amends that section, expanding the exemption to better reflect the current technology.
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 in the Senate Investigation, Taxation, and Governmental Operations Committee.
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.
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.
This bill would reform the record keeping of the Executive Chamber. This bill would require that the executive keep both public and private records for the sitting 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.
This bill would require that when planning a public meeting, those in charge of planning the 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.
This bill would require that twelve of the executive's major regulatory agencies keep records of all communications with policy-making personnel that are intended to influence their decisions on changes in agency rules. The twelve agencies are: Department of State, Banking Department, Insurance Department, State Liquor Authority, Department of Agriculture and Markets, Department of Education, Department of Environmental Conservation, Department of Health, Division of Housing and Community Renewal, Department of State, Department of Public Service, Industrial Board of Appeals, and the Department of Law. This bill would further require that this record of communication be available to the public for inspection and copying. This bill passed the Assembly but died in the Senate Finance committee. |
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V. 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.
This law delays application of the existing regulations governing lobbying to municipalities. The effective date of this provision when first enacted was January 1, 2001, which gave local governments time to adjust to the new rules and regulations that accompanied this extension to municipalities. This law requires a report detailing the effect of the lobbying act's provisions on municipalities to be completed by October 1, 2001, and delays the effective date of these new regulations until April 1, 2002, six months after the required report.
This law will expand an existing exemption in the public officer's law to allow former state officers and employees to testify in state civil actions and proceedings. Under existing law, in cases in which the attorney general represents a state agency in a civil matter, the attorney general can certify to the ethics commission that a former employee has specific knowledge or expertise that the state could not acquire at comparable cost elsewhere, and therefore that former employee is allowed to testify, appear at depositions and otherwise participate in the case. This law will expand that exemption to allow the agency's general counsel to make the same certification to the state ethics commission in cases in which the attorney general is not representing the agency.
This bill would expand the protection offered to the public from legal actions brought against them in retribution for actions seeking to protect the public interest. Under current law, these suits are only prohibited in very specific instances, leaving a great number of individuals open to malicious litigation instigated by public officials in positions of power, when their use of that power is questioned. This bill would expand the number of cases in which public speech and petitioning rights are protected by broadening the definition of public officials to include all those elected or appointed to and employed by a government body or agency. 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 which 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 Rules Committee.
This bill would require that all candidates for state-wide office and the state legislature who file petitions with a party must also submit financial disclose forms for public review. These financial disclosure forms would be due no later than 14 days after the deadline for the filing of petitions. This bill passed the Assembly, but died in the Senate Finance Committee. |
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VI. 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 effect 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.
This law will require agencies to consider petitions from local governments concerning alternative methods of implementing regulatory provisions. There is a need for flexibility in implementing regulations that impose mandates on local governments in order to avoid any unfair burdens placed on small municipalities. This legislation aims to reduce administrative burdens on localities while still having provisions implemented effectively.
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 adopting 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.
The Community Notification and Empowerment Act would require community notification and review of proposed state-financed facilities in a City of one million or more. This bill would mandate that state-funded facilities in New York City undergo a review process similar to the City Charter Fair Share Process. Unfortunately, state-financed facilities are not currently required to undergo the same rigorous review as are City projects. City residents are often uninformed and powerless with regard to placement of state financed facilities because there are no provisions requiring community notification and review. This measure would allow citizens to participate in decisions which affect the character of their neighborhood and the quality of their lives. This bill passed the Assembly, but died in the Senate Finance Committee.
This bill would amend the duties of the State Workforce Investment Board to make them consistent with the Federal Workforce Investment Act of 1998. This bill would create more comprehensive standards for evaluating the preparedness and resourcefulness of the state workforce and the business climate. This bill passed the Assembly, but died in the Senate Finance Committee.
This bill would protect small businesses from being overcharged fees by state agencies by creating a tier system for certain government and agency fees, based on the size and income of the business. By creating this tier system, the state would be aiding small businesses by making them more able to compete with their larger competitors. This bill passed the Assembly, but died in the Senate Commerce, Economic Development, and Small Business Committee.
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 resort to 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.
This bill would improve the rule-making process by providing expanded information on 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.
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 enable the state to replicate 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 on 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 Commerce Committee.
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 100 or more New York State residents. This bill would also authorize these agencies to employ innovative techniques, such as evening and weekend hearings, utilization of broadcast and teleconferencing 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.
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.
This bill would increase the public comment period on proposed rules changes from 45 to 60 days, following their publication in the state register. In addition this bill would require that the public service commission either print their proposed rule changes in the state register 45 days prior to adoption or, in cases in which a hearing is statutorily required on a set of rules, that at least 45 days notice be given for comment before the hearing. This bill passed the Assembly, but died in the Senate Commerce, Economic Development, and Small Business committee.
This bill would require any agency audited by the Office of the Comptroller to provide follow-up reports every 90 days until the recommendations by the comptroller with which the agency concurs have been implemented. These follow up reports must be distributed to all parties who received the original audit and recommendations. This bill passed the Assembly, but died in the Senate Rules Committee.
This bill would enact the "Reporting Requirement Reform Act." This measure would provide mandate relief through the elimination of unneeded reporting requirements and would improve government accountability through strengthened reporting requirements. This bill passed the Assembly, but died in the Senate Rules Committee. |
VII. LEGISLATION AFFECTING PERSONS WITH
DISABILITIES
This bill would expand the state Human Rights law by creating a newly recognized discriminatory practice. 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.
This bill would define the term "public entity" as the state, state agency, department, or any 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.
This bill would establish liability on the part of the State for violations of the Americans with Disabilities Act. 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 (ADA). 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.
This bill would reverse the impact of the adoption of the International Building Code on handicapped accessibility, and reinstate more stringent regulations regarding the mandatory entrances and number of access points for the disabled. The recent adoption of the IBC would greatly reduce the required number of entrances, and the number of units in a multiple dwelling building that must be adaptable, for accessibility by the disabled. This bill passed the Assembly, but died in the Senate Rules Committee. |
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VIII. 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.
This law will require all commercial and industrial structures constructed with truss type construction to display a sign or symbol disclosing the information. Knowledge of the way the building is constructed can be of vital importance to fire and emergency services personnel in the event of an emergency. By making this information readily available on site, safety conditions will be improved for those who work in the building and emergency services personnel. This law does not apply to buildings within the city of New York.
This law allows public safety officers at New York's State Universities to complement their public safety officer training with additional training requirements to qualify for police officer certification. In 1998, legislation was passed that restored the State University of New York public safety officers to full police officer status. As a result, all new officers will be required to take basic police officer training courses and receive a police officer certification. As a result of this action, additional legislation was enacted, which allowed individuals who had taken the basic training course for public safety officer and who also completed additional training equivalent to that of the police officers training to be certified as police officers. However, individuals who had only taken the public safety officers exam were not permitted to complete the additional training necessary to be certified as police officers in combination with their public safety certification.
This law creates a new grant program within the Office of Fire Prevention and Control, intended to aid municipalities in the purchasing of thermal imaging cameras. These important devices allow fire fighters significantly greater visibility in dark, smoke-filled rooms. Having access to this technology saves the lives of both fire fighters and those that they are trying to find. However, these cameras are extremely expensive and the cost alone prevents many departments from obtaining them. This grant program provides either matching funds or total grants, depending on the annual operating budget of the department.
This bill would continue the State's practice of recognizing the contributions of the Merchant Marines by extending to them similar benefits that we offer to other members of our armed services. Under current law, military personnel who have applied to take a civil service exam and are then unable to take the examination due to the responsibilities of their military position are entitled to a make up exam when they return home. This bill would offer the same consideration to members of the Merchant Marine. This bill passed the Assembly, but died in the Senate Veteran and Military Affairs Committee.
This bill would require the owners of residential properties in Rockland County to register with the county their name, address, and a description of the property. This bill would also require that when ownership changes, the primary residence of the owner changes, or, in the case of cooperate ownership, office location changes, that the new information be provided to the county. By requiring that the owners of residential properties register both their names and addresses, the county will be able to find the owners of buildings that are in violation of the current building code, thus reducing the potential for homes falling into disrepair due to absentee landlords. This bill passed the Assembly, but died in the Senate Rules Committee.
This bill would allow the police commissioner of Suffolk county to receive reports on arson investigations in place of the county sheriff. Under existing law, fire departments have the right to perform background checks on prospective employees, including the receipt of any arson investigations that the prospective employee has been a part of. However, in Suffolk county, the police commissioner fills that role in place of the county sheriff. This bill would allow the Suffolk County police commissioner to receive the reports and transmit the information required by the fire department to properly screen applicants. This bill passed the Assembly, but died in the Senate Rules Committee.
This bill would increase the monies available to the Division of Military and Naval Affairs by continuing to allow them to collect and retain the monies collected as rent from public and private users. If the current law were allowed to expire, as it is scheduled to do in March of 2001, the DMNA would be allowed to keep only half of these revenues, but would still be responsible for maintaining these facilities. Although this bill was not enacted in this form, this provision of law was extended until 2003 as a part of the 2001-2002 budget. This bill passed the Assembly, but died in the Senate Rules Committee. |
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IX. OFFICE OF GENERAL SERVICES
This law authorizes the commissioner of the Office of General Services to convey certain real property in the Town of Groveland, Livingston County, to American Legion Post 1341. The Hally-Allen Post (Post 1341) is currently using much of the land adjacent to its post and this act will formally transfer the land to it.
This law authorizes the Commissioner of Environmental Conservation to transfer state owned lands and buildings to the Orange County Historical Society. This transfer applies only to land and structures that are not needed for the expansion of Stewart Airport, for an amount that is to determined by the involved parties. These properties are being transferred to the historical society due to the historical significance of many of the structures still standing on the property, which have been maintained by the historical society. Should they cease to be used for historical preservation purposes, these lands will revert back to state ownership.
This law allows the Town of Islip to alter their 1985-86 land transfer to the New York Institute of Technology (NYIT) to allow the Institute to sell surplus lands. Under the terms of the original transfer from the Town to the Institute, there are a number of restrictions placed of NYIT's use of the land, as a result of the conditions of the 1982 transfer of the land from the State to the Town of Islip. This law will allow the Town to submit a resolution changing the conditions regarding the use of the land to the Commissioner of the Office of General Services for approval of the intended use of the land.
In 2000, the legislature as a part of the procurement laws created a preference for New York State businesses that supply rock salt for state use. This law creates an expiration date for this practice of preference on October 20, 2002, so it's effectiveness can be reviewed.
This law allows for the transfer of land in the City of Troy to the Altamont Program, Inc., to be used by this organization as a location for programs to serve women and children in need. Should the land be used for any other purpose, under the provisions of this law the title of the land would revert back to the State.
This law allows the State to convey specified property in the Town of Sennett, Cayuga County, to the Town to be used as a public park. If at any time the land is used for any purpose other than a public park, the land will revert back to the State.
This law extends the expiration date of Chapter 674 of the laws of 1993. This chapter permitted the Commissioner of General Services to authorize, without public bidding, contracts for emergency construction in amounts up to $200,000. Without this chapter amendment, as of June 30, 2001, in emergency situations the commissioner would only be authorized to enter contracts totaling $40,000.
This law allows the sale of state land in the borough of Manhattan to EDAD, Inc., for the price of $1.00. This sale is conditional on the development of the property as a shelter for the homeless in the city of New York, as well as a multi-service center to encourage local development, social services, education, and housing.
This law authorizes the sale of state land in the town of Orangetown, in the county of Rockland, to the Town. The commissioner of the Office of General Services is empowered to approve the final sale. If the sale takes place, the land must be used for municipal or recreational purposes. |
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X. MISCELLANEOUS
The law amends chapter 606 of the laws of 2000, which amended the military law, extending the same benefits to police officers serving in a military capacity abroad that they would receive if they continued to serve as police officers domestically. This law makes technical changes to the process specifying that police officers must receive permission from their employer prior to leaving their positions to go abroad.
This law creates the Internet Privacy Policy Act. Under this act, regulations and standards are set forth for state agency website's privacy and disclosure policies. The state office for technology would be responsible for designing a model policy regarding what information can be collected, the length of time it can be stored, and how the collection of that information will be disclosed. All state agencies collecting information about their users will be required to comply with the standards of the model policy.
This law extends the authority of the Department of State to administer the Federal Community Services Block Grant program. Under current law, authorization for the important community-based programs financed by this money would expire September 30, 2001. This law postpones the sunset date until September 30, 2002.
This law allows real estate appraisers to complete continuing education requirements through computer-based distance learning courses. Under existing law, it is unclear if the Department of State has the authority to approve this type of internet-based course, because there are not adequate provisions for monitoring and completion of course hours. Use of these computer-based training courses is conditional upon the approval of the specific program by the Department of State.
This law corrects a legislative oversight in a prior chapter. Chapter 171 of the laws of 2000 extends the term of a notary public license from two to four years. Inadvertently, the $10 fee payable to the office of the county clerk for a two-year license was not raised to $20 to correspond with the new four year term. This law will correct that oversight, by making the fee $20 every four years.
This bill would allow the acting city court judge for the city of Mechanicville to reside any where in Saratoga County. Under existing law the acting city court judge for this municipality is required to reside within the city boundaries.
This law allows the town of Somers, in Westchester County, to hire residents of Dutchess County, which is adjacent to Westchester County, to fill the positions of Town Building Inspector and Court Clerk. Existing law requires that these positions be filled by Westchester County residents, thus severely limiting the number of qualified applicants.
This law will allow the Town of North Castle in Westchester County to hire a non-resident of the Town as the Town Building Inspector. Under existing law this position must be filled by a town resident.
This law eliminates separate categories for waterfront development projects to allow both. This change is intended to encourage the development and revitalization of waterfront properties by making it easier to engage in intermunicipal development projects. The primary source of funding for waterfront redevelopment is through the Environmental Protection fund, and while the existing regulations governing the Federal Coastal Zone Management Act would still apply to grants through the federal government, the state as a whole would benefit by allowing inland waterways to receive monies through the EPA's revitalization programs. By removing these barriers, and therefore opening new funding streams to these redevelopment projects, the state is removing one of the most significant roadblocks to urban revitalization.
This bill would alter existing regulations regarding the financial disclosures that must be made by charitable organizations to include the definition of "professional fund raiser," and to require that these "professional fundraisers" make the same disclosures as individuals who are directly affiliated with the organization for which money is being raised. This bill would also give the attorney general greater ability to regulate and investigate the practices of charitable organizations, as well as altering income thresholds for certain financial disclosures. This bill passed the Assembly, but died in the Senate Rules Committee.
This bill would require notaries who are not attorneys to post a sign in English and Spanish stating that fact. This bill would protect Hispanic immigrants from fraudulent and exploitative dealings by "notaries publics." This type of disclosure is necessary if the individual advertises in Spanish, as the term in Spanish, unlike English, indicates that the individual is entitled to practice law. A sign must be posted, in English and Spanish, stating that a notary is not an attorney or counselor at law licensed to practice law in New York and is not authorized to give legal advice or accept fees for legal advice. Any notary public who violates these regulations, upon conviction, would be fined up to two hundred and fifty dollars. This bill passed the Assembly, but died in the Senate Finance Committee. |
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XI. COMMEMORATION
This law designates December 16 as Bastogne Day, a day of commemoration. Bastogne Day refers to the battle in Europe during World War II, also known as the Battle of the Bulge, which began December 16, 1944. It was a major German offensive in the Ardennes forest region of Belgium and Luxembourg, which took Allied forces by surprise and was intended to split the Allied forces in Europe by breaking through the Allied lines, crippling Allied fuel supply lines, and exacerbating tensions within the alliance. The American, British, and other Allied forces overcame great odds throughout the battle, including most famously the action of the 101st Airborne Division in holding back German forces at the key Belgian crossroads town Bastogne, thereby preventing German forces from achieving their main objectives. This day is intended to honor the American and European soldiers who battled heroically on that day.
This bill would authorize the Commissioner of the Office of General Services to erect a monument in either Capitol Park or the Nelson A. Rockefeller Empire State Plaza in the City of Albany, honoring emergency service workers who have lost their lives. This bill passed the Assembly, but died in the Senate Rules Committee. |
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XII. PUBLIC HEARINGS
The Governmental Operations Committee participated in four public hearings during the 2001 Legislative Session.
911 Emergency Telephone Service
The Charitable Response to the September 11, 2001 Terrorist Attack on
the World Trade Center The purpose of this hearing was to inform the legislature and the public about the planned uses and distribution of charitable donations made in response to the attack on the World Trade Center. As a result of this hearing, the Committee reported and the Assembly passed A.871, which would enhance regulations regarding financial disclosures that must be made by charitable organizations.
September 11, 2001 Emergency Appropriations The purpose of this hearing was to inform the legislature and the public about the status of federal and state appropriations to help New York City and its residents and businesses recover from the September 11, 2001, attack on the World Trade Center. The hearing was useful in reviewing how much money has been pledged, how much money had been raised and how funds would be dispersed.
Issues Related to the Operation of the Indian Point Nuclear
Facility The purpose of this hearing was to obtain information on the safety and operability of the Indian Point Nuclear Facility. |
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XIII. CONSIDERATIONS FOR THE 2002 LEGISLATIVE SESSION
The Governmental Operations Committee will continue to look at ways to enhance public safety through improving communication systems and other important equipment needs for police, fire and paramedic personnel state wide. Building the state-wide wireless communication system and expanding C-911, expanding the distribution of thermal imaging cameras, and improving the guidelines for use of ballistic body armor are only some of the issues that the Committee hopes to address in the 2002 legislative session. The Governmental Operations Committee will continue to pursue legislative remedies to the unique problems and struggles faced by crime victims and work to improve the functions and responsiveness of the Crime Victims Board. The Committee will again work to achieve Senate passage of its full legislative package. New legislative initiatives will be explored through outreach by the Chair to members of the Crime Victims Board and its Advisory Council as well as to victims and victims' advocates. Of particular importance will be efforts to improve victim awareness of the existence of the Board. In addition the Committee will explore such issues as improved compensation levels, particularly an essential personal property award increase, and the need to extend loss of earnings/loss of support coverage to parents or guardians of child victims. |
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APPENDIX A
2001 SUMMARY SHEET
Summary of Action on All Bills GOVERNMENTAL OPERATIONS |
| Final Action |
Assembly Bills |
Senate Bills |
Total Bills |
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Bills reported With or Without Amendment |
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| Total in Committee | 506 | 28 | 534 |
| To Floor; not returning to Committee | 21 | 0 | 21 |
| To Ways and Means Committee | 47 | 0 | 47 |
| To Codes Committee | 31 | 0 | 31 |
| To Rules Committee | 17 | 0 | 17 |
| To Judiciary Committee | 1 | 0 | 1 |
| Total | 117 | 0 | 117 |
| Bills Having Committee Reference Changed | |||
| To Local Governments Committee202 | 2 | 0 | 2 |
| To Corporations Committee | 1 | 0 | 1 |
| Total | 3 | 0 | 3 |
| Senate Bills Substituted or Recalled | |||
| Substituted | 0 | 7 | 7 |
| Recalled | 0 | 1 | 1 |
| Total | 0 | 8 | 8 |
| Bills Never Reported, Held in Committee | 384 | 20 | 404 |
| Bills Never Reported, Died in Committee | 0 | 0 | 0 |
| Bills Having Enacting Clauses Stricken | 2 | 0 | 2 |
| Number of Committee Meetings Held | 14 | ||
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CHAPTERS OF 2001 |
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VETOES OF 2001 |
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BILLS THAT PASSED THE ASSEMBLY |
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