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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, state procurement, Indian affairs, the Freedom of Information and Open
Meetings Laws, public lands and buildings, and the organization and operation of the executive and legislative
branches of State government. The Committee also acts on legislation referred to it by the Assembly Ethics and
Guidance Committee, the Assembly Committee on Oversight, Analysis, and Investigation, the Administrative
Regulation Review Commission, and the Legislative Commission on Government Administration.
II. LEGISLATION AFFECTING MILITARY PERSONNEL
A. The Patriot Plan II: Continued Support for our Military Personnel and Families
(Delivered to the Governor / A.11697, Destito)
The Patriot Plan II provides additional benefits to New York's military personnel in order to minimize the disruptions that military activation may cause in the lives of military personnel and their families. This law clarifies provisions from last year's Patriot Plan and adds new provisions to law.
New provisions in the Patriot Plan II include:
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defining "Afghanistan veteran" for the purposes of benefit eligibility;
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increasing daily pay allowances for members of the militia ordered into active service from $100 to $125;
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enabling local governments to hire retired members of a public retirement system for the purpose of performing
duties that are essential to public health and safety without a reduction of retirement benefits in the event the hiring
was triggered by an employee being called into active military service;
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permitting all active members of the militia and reserves to receive free fishing, small and big game, and trapping
licenses;
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granting personnel deployed in contingency operations special extensions to file income tax returns to mirror
provisions provided to personnel deployed in combat zones;
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providing tax relief to the estates of astronauts who died after December 31, 2002;
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exempting from income tax compensation received by members of the state organized militia for providing
active service relating to the effort to combat terrorism within the State; and
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revoking the state tax-exempt status for organizations designated as a terrorist organization by the Internal Revenue
Service (IRS).
Clarifications of last year's Patriot Plan include:
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a technical amendment to capture cross references to the definition of "children" in the merit scholarship
provisions;
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amending the provisions of law that enable dependents of military personnel in active service to terminate leases or
contracts in order to allow a dependent to apply to a benefit provider for relief without having to go through a court
proceeding; this change preserves the court's involvement in certain cases but lessens the burden on dependents
to secure this protection;
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clarifying the professional continuing education waiver by requiring the applicant to obtain the number of hours of
training proportional to the time not spent in service; and
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clarifying the professional license extension provisions for those called to active military service to specify that this
provision does not capture limited permits or credentials issued for less than two months or for those who licenses
were suspended or revoked.
B. Extension of Public Retirement Loan Repayment Obligations
(Chapter 127 of the laws of 2004 / A.11224, Destito)
This law extends the provisions of the Patriot Plan of 2003, in relation to suspended public retirement loan repayment
obligations to members of the military, for another year. Due to the continuing war in Iraq and Afghanistan, this provision
needs to be extended. Many of the soldiers, sailors, and marines taking part in the military operations are from New York
State. This law will continue the high level of support provided to the men and women serving the military.
C. State Police Test Extension for Military Personnel
(Chapters 94 and 478 of the laws of 2004 / A.9580 and A.11349, Nolan)
This law reduces employment hardships to members of the military by requiring the State Police to offer state police
trooper qualifying exams every six months during times of military conflict. The New York State Trooper exam is generally
given every three years. There are members of the armed forces who are eligible to sit for the exam but have been deployed
to Iraq and were not able to take the exam. This law recognizes the sacrifice of our soldiers and affords them the opportunity
to take the exam soon after their return home. Chapter 478 of the laws of 2004 is a chapter amendment to Chapter 94 of the
laws of 2004.
III. CRIME VICTIMS
The Governmental Operations Committee considers legislation addressing the Crime Victims Board, the agency
charged with advocating for and compensating eligible crime victims. The Committee's interest and commitment
to the concerns of crime victims goes beyond issues directly relating to the Board itself. The Committee developed
a legislative package to improve the responsiveness of the criminal justice system to crime victims and to improve the
structure of the Board.
A. Helping Child Crime Victims
(A.11647, Paulin / Veto Message # 252)
This bill would strengthen the rights of crime victims by expanding coverage for out-of-pocket losses to include
the exacerbation of a pre-existing condition or injury for child victims, requiring written notice to crime victims of
their rights during the claim process, and setting forth that a school's failure to provide a statement regarding its
inability to rehabilitate or meet the needs of a child victim would not create a negative inference or be used as
evidence in determining a claim for educational expenses. This bill was prompted by the partial denial of a
claim involving an eight-year-old witness involved in a murder trial in Westchester County. The trauma of being
a witness to a murder exacerbated a pre-existing learning disability that required private schooling to address
the witness's educational needs. The witness's claim for an award to cover the costs of private schooling was
denied.
The Governor vetoed this legislation citing concerns that the bill would "interfere with the longstanding legal
obligation of school districts to provide appropriate educational services to meet the special needs of its students
B. Authority for the Crime Victims Board to Hear, Audit and Determine the Claims of Cory Boyd, for and on behalf
of William Gouin, a minor
(Delivered to the Governor / A.11648, Paulin)
This bill would authorize the Crime Victims Board to hear, audit, and determine the claims of Cory Boyd, for and
on behalf of William Gouin, a minor. The State would also consent to have its liability on such claim determined
notwithstanding the effective date of a new chapter of the Executive Law as proposed in A.11647. The purpose of
this bill is to allow Ms. Boyd another opportunity to appear before the Board.
This bill has passed both houses and is awaiting action by the Governor.
C. Establishing a Victim's Assistance Education Program
(A.1738, Sidikman)
This bill would establish a victims' assistance education program, which would be developed by the Crime
Victims Board and the Division of Criminal Justice Services. Attendance by the staff of the Crime Victims Board
would be mandatory on a biennial basis; board members would attend at least one program. Education programs
would also be developed for use by police, sheriffs, administrative law judges, district attorneys, and providers of
victim assistance services. This measure would ensure that members and staff of the Crime Victims Board are
fully knowledgeable and trained in skills that would provide assistance to crime victims.
This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.
D. Victim Notification Procedure
(A.1739, Sidikman)
This bill would ensure that crime victims are made aware of available assistance programs. It would require the
Commissioner of the Division of Criminal Justice Services, in cooperation with the Crime Victims Board, to develop
procedures and forms to be used by police agencies, sheriff's departments, and district 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.
E. 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.
F. 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.
G. 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.
H. Increasing the Awards Threshold
(A.4863, Sanders)
This bill would increase the threshold award from $1,000 to $5,000 before requiring a review by the Crime Victims
Board and the Attorney General. The current threshold award of $1,000 was enacted in 1986 and has never been
adjusted. Increasing the threshold would require the review of fewer claims and would be cost effective for the CVB.
This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.
I. 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.
IV. DIVISION OF HUMAN RIGHTS
The State Division of Human Rights is the agency charged with enforcement of the State's Human Rights
Law, which protects the citizens of New York from discrimination based on race, sex, marital status, and other
protected categories.
A. 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, but died in the Senate Investigations and Governmental Operations Committee.
B. 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 and Governmental Operations Committee.
C. 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 and Governmental Operations Committee.
D. 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 of gender-based wage setting in female-dominated job classifications.
This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.
E. Awards in Court Actions for Unlawful Discriminatory Practices
(A.5022, Kaufman)
This bill allows the award of attorneys' costs, fees, and exemplary damages in court actions brought for unlawful
discriminatory actions pursuant to the human rights laws. This bill would strengthen the remedies and awards in
relation to such court actions and would provide financial relief to those parties filing a discriminatory suit.
This bill passed the Assembly, but died in the Senate Energy and Telecommunications Committee.
F. 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 frames to address human rights violations consistent.
This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.
G. 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.
H. Hearing of Complaints by the Division of Human Rights
(A.11229, Morelle)
This bill would improve the remedies available to people who suffer discrimination in New York State by requiring the
Division of Human Rights (DHR) to implement a comprehensive management and training program to improve claim
processing. This bill would establish a permanent training advisory committee, a professional mediation unit, a
no-probable-cause unit, and an ombudsman. This bill would also require an order reporting link and monthly statistical
management reports to be placed on DHR's website. Lastly, this bill would provide for the preservation of evidence of
claims and permit the award of certain court related fees and damages.
This bill passed the Assembly, but died in the Senate Rules Committee.
V. FREEDOM OF INFORMATION AND OPEN MEETINGS LAWS
The Freedom of Information Law extends the public's right to know the process of governmental decision-making by
allowing citizens to review documents that form the bases of governmental decisions and actions. The Open Meetings
Law ensures that citizens are fully aware of and can observe the performance of public officials by attending and listening
to the deliberation and decisions that go into the making of public policy. Both these laws ensure the government's
accountability to the people.
A. 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.
B. Access to Public Meetings for the Hearing Impaired
(A.4503-A, 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.
C. Public Meetings Locations
(A.4846, Pretlow)
This bill would mandate that when planning a public meeting, the body in charge of planning must make all
reasonable efforts to hold the meeting in a location that is appropriate to accommodate the members of the public
that wish to attend.
This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.
D. 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.
E. Photographing, Broadcasting, and Recording of Open Meetings
(A.6082, Sanders)
This bill would allow for the photographing, broadcasting, and recording of open meetings, so long as such
activities are not disruptive to the meeting. This bill would allow the public body to adopt rules governing the
location of equipment and personnel during the meeting to ensure orderly proceedings. This bill would provide
increased public access to public meetings.
This bill passed the Assembly, but died in the Senate Rules Committee.
VI. 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.
A. Distribution of the Community Services Block Grant
(Chapter 105 of the laws of 2004 / A.9387, Jacobs)
This law extends the authorization for the Department of State to administer the Community Services Block
Grant (CSBG) through the year 2005. Data from the 1995 census revealed that 16.5% of individuals in New York
State had incomes below the poverty level as compared to 13.8% nationally. Approximately one in four children in
New York State lives in poverty and that percentage increases each year. Compounding these percentages is the
fact that poverty among women, especially elderly women, is increasing at an accelerated rate. This law enables
community action agencies to continue providing services to the poor in New York State.
B. Extension of the State Indemnification Benefit Provided to the Municipal Bond Bank Agency
(Chapter 96 of the laws of 2004 / A.10436, Schimminger)
This law extends the benefit of indemnification provided to the New York State Municipal Bond Bank Agency (MBBA)
in 2003 to the employees, directors, and officers of the New York State Municipal Bond Bank Agency tax lien entities.
MBBA has developed its tax lien securitization program pursuant to the changes of the laws that gave the MBBA the
authority to conduct such transactions (Chapter 203 of the laws of 2000). This law will ensure that the tax lien entities
of the MBBA are afforded state indemnification as intended by Chapter 435 of the laws of 2003, which indemnified the
directors, officers, and employees of the MBBA.
C. Allowing Local Government Officials to Appear Before Certain State Agencies
(Chapter 530 of the laws of 2004 / A.8974, Destito)
This law permits State employees who serve as paid local officers or employees to appear before State agencies,
other than their own, while carrying out local government duties. Such an appearance may only be made while carrying
out official duties as an elected or appointed local government official or employee. Appearances before an employee's
own Sate agency remains prohibited.
D. Retaining Experience in State Government
(Chapter 523 of the laws of 2004 / A.11591, Destito)
This law permits a former State officer or employee with expertise in a particular matter to render services to a State
agency. This recognizes that some post-employment restrictions have worked to the detriment of the State by precluding
an agency from retaining the services of a former employee who had special expertise and could be hired more cost
efficiently. This law provides an exception similar to the one that enables the Attorney General to use the services of a
former employee, who has expertise or unique experience, when such services are related to a civil action in state or
federal court. The State Ethics Commission and the State Comptroller must certify that such a hiring is needed. This
certification serves as a mechanism to ensure that such a hiring is used only as needed.
E. Retaining the Experience of Health Care Professional in New York State
(Chapter 540 of the laws of 2004 / A.11593, Destito)
This law permits former state-employed health care professionals to treat patients and clients at the State facility that
formerly employed such individuals. This law was based on State Ethics Commission Advisory Opinion No. 94-15. In
this advisory opinion, the Commission held that this modification of the revolving door restrictions would not significantly
loosen the restrictions or impede the legal intent. This law helps to ensure that patients will receive continuity of care,
which may aid their clinical progress.
F. Refund of Unaccepted Document Processing Fees
(A.1233, Kaufman, Veto Memo #223)
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.
The Governor vetoed this legislation on the ground that the State spends money in processing all filings, even those
that are not accepted and returned to the filer.
G. Standardized Selection of Architectural and Engineering Firms
(A.6028, Schimminger, Veto memo #245)
This bill would provide that public authorities and public benefit corporations be required to negotiate for contracts
for architectural and engineering services in the same manner as is presently required for other New York State
departments and agencies. This would apply to such public authorities and public benefit corporations of which at
least one member has been appointed by governor. The negotiations would be required to be based on competence,
qualifications, and a reasonable fee.
The Governor vetoed this bill citing a technical defect in that the bill failed to repeal another section of law that also
governs the selection of architectural and engineering firms.
H. 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 Finance Committee.
I. 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 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.
J. State Agency Contracts for Personal Services
(A.1726-A, John)
This bill would set forth conditions for when a state agency may enter into a contract for personal services. Such
conditions include highly specialized or technical services and various other services that cannot be completed by
state agencies or civil service employees due to ability or availability. This bill would protect the public interest by
ensuring that when taxpayers' money is used to fund a contract for services, the expenditure is necessary and prudent.
This bill passed the Assembly, but died in the Senate Finance Committee.
K. 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 on 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 Finance Committee.
L. 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.
M. 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 Finance Committee.
N. Audits and Follow-Up Reviews of State Agencies
(A.4653, Klein)
This bill would require that agencies provide the Governor and the Legislature with continuing status reports on
recommendations made by State Comptroller's audit report every ninety days until all recommendations with which
the agency concurs have been implemented. This would provide the Legislature and the Governor with increased
information on agency compliance.
This bill passed the Assembly, but died in the Senate Finance Committee.
O. Consolidating Reporting Requirements
(A.4734, Klein)
This bill would eliminate unnecessary reporting requirements, modify frequency of other reports, and enhance the
quality of other reports. This bill eliminates nineteen reports, reduces the frequency of sixteen reports, and strengthens
six reports. The bill also creates a consistent policy for distributing reports to the legislature and provides for an executive
summary that will highlight certain report provisions.
This bill passed the Assembly, but died in the Senate Finance Committee.
P. 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 origin 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.
Q. Improper Lobbying Influence
(A.6322-B, Stringer)
The purpose of this bill is to limit the influence that lobbyists have over the procurement process. The bill defines
the term "improper lobbying influence" and calls for the appointment of procurement integrity officers
and the creation of procedural controls to prohibit improper lobbying influence. Under the bill, any improper lobbying
attempts would have to be reported, and all contract decisions would have to be solely merit based. The bill would
also prohibit State contracts from including vendors' costs for outside lobbyists.
The bill passed the Assembly, but died in the Senate Rules Committee.
R. 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.
S. Providing Preference in Awarding State Contracts
(A.6847-A, Grannis)
This bill would provide a preference in state contracts for contractors that provide their employees with
employer-sponsored health coverage. This would encourage employers to provide such health care coverage to their
employees. In order to be eligible, the benefits provided must be equivalent to those provided to state officers and
employees, and they must be available to all eligible employees. Any bidders not in compliance with the provisions
would be granted the opportunity to comply with such provisions by the effective date of the proposed contract.
This bill passed the Assembly, but died in the Senate Rules Committee.
T. 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 Finance Committee.
U. 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 Finance Committee.
V. Lobbying Reform
(A.9062-A, 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.
Currently, 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 Finance Committee.
W. State Contracts with Not -for-Profit Providers
(A.11284, Bing)
This bill would assist not-for-profit providers by strengthening the provision of the prompt payment law to ensure
that not-for-profit providers are receiving timely notice of the states' intent to not renew contracts and to curtail the
misuse of the waiver of intent provisions. Additionally, this bill would provide a reporting mechanism to analyze and
improve contracting and payment methods as well as the calculation and payment of interest to a not-for-profit
organization when the Comptroller disallows a contractual waiver provision.
This bill passed the Assembly, but died in the Senate Rules Committee.
X. Fraudulent Charitable Solicitations
(A.11466, Morelle)
This bill would improve the oversight of charitable organizations and help reduce fraudulent charitable solicitations.
The bill would clarify the definition of "fundraising counsel," prohibit solicitations that fail to provide that
registration does not constitute State approval or endorsement, clarify that governmental agencies and subdivisions
are exempt from registration requirements, and exempt religious organizations that do not employ professional fund
raising staff. This bill would not only streamline registration and filing requirements for charitable organizations, but it
would also protect the contributing public.
This bill passed the Assembly, but died in the Senate Finance Committee.
Y. Capturing Quasi-Governmental Agencies under the State Ethics Law
(A.11592, Destito)
The purpose of this bill is to increase public confidence in certain government-related entities by requiring them to
abide by the State Code of Ethics. To facilitate this, the bill would redefine the term "State Agencies" to
include five entities: Youth Research Inc., Research Foundation for SUNY, Research Foundation for Mental Hygiene,
Health Research Inc., and Welfare Research Inc. These entities would then be bound by the same code of ethics as
state agencies.
This bill passed the Assembly, but died in the Senate Finance Committee.
VII. 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.
A. Increasing the Accessibility of Documents
(Chapter 339 of the laws of 2004 / A.9518, Paulin)
This law clarifies that the fifteen-day period in which to file a request for a judicial review of an adverse determination
by a state agency regarding public accessibility of government documents applies only to appeals by a private company
seeking to block the disclosure of records. This is significant as this law clarifies that the fifteen day period does not limit
a member of the public seeking records to fifteen days in which to appeal an adverse determination.
B. Regulatory Agenda Extender
(Chapter 516 of the laws of 2004 / A.10083, Diaz, R.)
This law extends the provisions of law relating to the submission of regulatory agendas for an additional four years.
This law also adds the Department of Motor Vehicle and the Department of State to the list of agencies that are required
to submit regulatory agendas. In addition, agencies are required to include a contact e-mail address on the regulatory
agenda. The regulatory agenda is a useful tool to provide regulated parties and the public with advance notice of
rule-making actions under development or consideration at regulatory agencies. This law increases the accessibility
of government documents to the public.
C. Regulatory Mandate Alternatives
(Chapter 123 of the laws of 2004 / A.11236, Diaz R.)
This law permanently extends the provisions of law requiring agencies to consider petitions from local governments
that allow for alternate methods of complying with a regulatory mandate if a local government could carry out the
requirements of the rule in a more cost-effective way. This law provides local governments with more flexibility to
comply with regulatory mandates.
D. Access to Agency Guidance Documents
(Delivered to the Governor / A.8478-A, Diaz, R.)
This law requires all agencies to annually submit a list of all documents on which they rely to the Secretary of State
and to provide information on where and how the documents may be obtained. The Secretary of State may exempt an
agency from publishing documentation if the agency has published the full text of all guidance documents on its website.
The website information of exempted agencies must be published by the Secretary of State. This law provides the public
with access to agency documents and helps to ensure compliance with guidance documents.
E. Installment Payment Plan for Small Businesses and Local Governments
(A.345-A, Christensen / Veto Message # 11)
This bill would assist small businesses and local governments by enabling them to make installment payments for fees
or civil penalties owed to state agencies. Fees are required to ensure that the beneficiaries, and not the taxpayers, bear
the costs of obtaining agency permits, and civil penalties are necessary to enforce regulatory standards. These monetary
amounts, however, can impose a disproportionate burden on small businesses or local governments. Allowing such
entities to use installment payments is one way to alleviate that burden. This measure would ensure that any penalty or
fee amount of $3000 or more could be paid in quarterly installments.
The Governor vetoed this bill citing that an administrative burden would be placed on state agencies. The Governor
stated in his veto message that he has directed his administration to review the feasibility of installment payments.
F. Standards for the Adoption of Emergency Rules
(A.2645-B, McLaughlin / Veto Message # 224)
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.
The Governor vetoed this bill citing that many state agencies oppose the "imminent and substantial threat"
standard as it would preclude such agencies from "adopting important emergency regulations that protect and
benefit the public." One example provided in the Governor's veto message is that the Office of Parks and Recreation
would be precluded from changing its fee structure in the height of the summer.
G. Legislative Notice of Required Rules
(A.82-B, 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.
H. 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.
I. 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 Commerce, Economic Development and Small Business Committee.
J. 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.
K. 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.
L. Sunset and Effective Date Provisions
(A.3273, Gottfried)
This bill would simplify the process of providing for the taking effect of a law or amending a law that sunsets. This bill
would provide that any amendment to a law that goes into effect after it becomes law will not go into effect until the law
goes into effect. In order for legislation to amend the sunset date or effective date contained in a section of law, the
legislation must specifically cite that date if the legislation intends to amend it. This bill would prevent the unintentional
elimination of sunset provisions.
This bill passed the Assembly, but died in the Senate Investigations and Government Operations Committee.
VIII. LEGISLATION AFFECTING PERSONS WITH DISABILITIES
A. Assisting Persons Accompanied by Guide, Hearing or Service Dogs
(Chapter 295 of the laws of 2004, A.8752-A Weprin)
The purpose of this law is to prevent discrimination against people with disabilities who are accompanied by guide,
hearing, and service dogs by creating a new penalty for repeated violation of the Civil Rights Law. Although state and
federal laws prohibit discrimination against people with disabilities accompanied by guide, hearing, or service dogs,
many places of businesses continue to bar individuals from access to such facilities. This law increases the penalty
for repeat violations and will serve as a deterrent to entities that bar access to people with disabilities accompanied by
a guide, hearing, or service dog.
B. Increasing the Responsibilities of Public Entities to the Disabled
(A.5468-A, 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.
C. 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.
D. 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.
IX. DISASTER PREPAREDNESS, FIRE AND SAFETY
The Governmental Operations Committee considers legislation concerning the four entities charged with the
delivery of emergency services in the State. These agencies are the Office of Fire Prevention and Control in the
Department of State, the Bureau of Emergency Services in the Department of Health, the State Emergency
Management Office within the Division of Military and Naval Affairs, and the Office of Homeland Security.
A. Preparedness Planning for the Judiciary
(Chapter 42 of the laws of 2004 / A.8130-A, Destito)
This law will enhance state disaster preparedness by ensuring a functioning judiciary in times of disaster. The
Judiciary will be consulted and included in the state's disaster preparedness planning process. A comprehensive
coordination between branches and levels of government will ensure that the Judiciary is prepared for potential
disruptions and will be able to function during such disruptions.
B. Clarification of Critical Infrastructure Reporting Requirements
(Chapter 426 of the laws of 2004 / A.9718-A, Gianaris)
This law clarifies the confidentiality of sensitive information procedures required in the reports issued by the
Office of Public Security (now the Office of Homeland Security). This law would require confidentiality protocols
to be binding on the recipient and on any person which whom is shared a copy of the report, provided that the
protocols would not be binding on a person who is provided the information pursuant to the Freedom of Information
Law (FOIL) after a final determination that access to the report could not be denied pursuant to FOIL.
C. Equipping Public Buildings with External Defibrillators
(Chapter 510 of the laws of 2004 / A.4421-B Gottfried)
This law requires 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 the obstacles preventing non-medical providers from using AED's, and in 1999, the Legislature enacted
a $500 tax credit for the purchase of an AED. This law seeks to increase survival rates from cardiac arrest victims by
placing AED's in targeted public areas.
D. Extending Access to the Division of Criminal Justice Services Databases
(Chapter 175 of the laws of 2004 / A.11549-A, Magnarelli)
This law permits the Onondaga County Center Forensic Lab to access information contained in the Division of
Criminal Justice Services (DCJS) databases. By specifically including the Onondaga County Center Forensic Lab
in the definition of "qualified agencies," the Lab will have access to additional information and will enable
it to better assist law enforcement agencies in the administration of justice in Onondaga County.
E. 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 tragic
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 Finance Committee.
F. More Accessible Training for Firefighters
(A.11195, Ramos)
This bill would make training more easily accessible to firefighters by authorizing the use of training videos by either
video or computer. This bill would require the state fire administrator to study the use of video and computer training
programs and mandate that the Office of Fire Prevention and Control permit the use of video and computer training for
firefighters to the maximum extent possible.
The bill passed the Assembly, but died in the Senate Rules Committee.
G. Hazardous Material Emergency Response Training for Emergency Medical Personnel
(A.11685, Lentol)
This bill would increase the disaster preparedness and response readiness in New York City by requiring all
emergency medical technicians and paramedics in the New York City Fire Department to be trained at the
Hazardous Materials Operations Level. The training would be funded by the Department of Health, and a
hazardous materials emergency response training program would be established by the State Fire Administrator
and the Commissioner of Health.
This bill passed the Assembly, but died in the Senate Rules Committee.
X. OFFICE OF GENERAL SERVICES
A. Land Conveyance to Catholic Home Bureau
(Chapter 247 of the laws of 2004 / A.9223, Gottfried)
This law authorizes the Office of General Services to sell and convey certain state land located in the borough of
Manhattan to the Frederick Fleming Housing Development Fund Corporation to be used for housing and shelter
for elderly, homeless persons in New York City. The property being conveyed will revert back to the State upon the
cessation of providing shelter to the homeless.
B. Land Conveyance to the Auburn Correctional Facility
(Chapter 532 of the laws of 2004 / A.4004-A, Finch)
This law authorizes the conveyance of certain state land that is currently part of the Auburn Correctional Facility to
Donald E. Green, in exchanged for an easement to allow access to the Auburn Correctional Facility, providing that
the easement is of equal or greater value to the land being conveyed.
C. Land Conveyance to Essex County
(Chapter 534 of the laws of 2004 / A.9606-A, Sayward)
This law authorizes and directs the Office of General Services to convey certain state land to the county of Essex for
use as a parking lot and helipad by the Elizabethtown Community Hospital. Upon cessation of use of such land for
parking and a helipad, the land will revert back to the State.
D. Land Conveyance to Village of Donnemora
(Chapter 275 of the laws of 2004 / A.10033-B, Ortloff)
This law authorizes the Office of General Services to transfer and convey certain state land held by the Department of
Correctional Services, to the village of Dannemora for the construction of a firehouse.
E. Seventh Regiment Armory
(Chapter 482 of the laws of 2004 / A.11817, Bing)
This law allows for the creation of a public-private partnership to restore, renovate, and operate the Seventh Regiment
Armory by enabling the Urban Development Corporation to enter into a ninety-nine year lease with a not-for-profit
corporation. This law provides that the Armory would continue to have a military presence as well as immediate
reversion and control of the full Armory to the State by order of the Adjutant General in case of an emergency. In
addition, space designated pursuant to Executive Orders issued by Governors Carey, Cuomo, and Pataki will remain
as available space for a homeless shelter administered by the City of New York. This law will ensure that the Seventh R
egiment Armory will be restored and continue to be a community resource and landmark.
F. Land Conveyance to the New York City Parks Department
(A.11070-A, Weprin / Veto Message # 22)
This bill would allow the transfer of a parcel of land from the Creedmoor Psychiatric Center in Queens County to the New
York City Department of Parks and Recreation for the purpose of recreational use. The Commissioner of General Services
would be authorized to convey a ten-acre parcel to use as additional ball fields. The land would revert back to the State if the
NYC Department of Parks and Recreation ceases to use the land for recreational purposes.
The Governor vetoed this bill citing concerns that the Office of Mental Health (OMH) and the Office of Mental Retardation
and Developmental Disabilities (OMRDD) are planning the relocation of residential facilities to the parcel identified in this
bill. In addition, concerns that a public recreational facility on the Creedmoor campus may be inconsistent with the safe
environment established at the facility. The Governor had directed his staff to identify surplus land to be used for
recreational purposes.
G. Sale of State-Owned Surplus Property
(A.617-C, Brodsky/ Veto Message # 222)
This bill would provide for the offer of state-owned surplus property to the municipality or county in which it is located.
Any state agency placing lands up for disposition would be directed to offer the land for conveyance to the applicable
city, town, or village in which it is located. The local government would be given thirty days to notify the state commissioner
of general services whether or not it wished to obtain the property, and the local government would have to conclude the
negotiation of the conveyance within sixty days of positive notification.
The Governor vetoed this bill citing that he was "not persuaded that the bill represents an improvement over current
law." Current law allows the OGS Commissioner to sell State lands at public auction, sealed bid, or competitive bid.
However, current law does not afford first priority to municipalities.
H. Surplus State Personal Property
(A.10380-A, Destito)
This bill would aid municipalities by directing the commissioner of the Office of General Services (OGS) to provide
municipalities with the first opportunity to obtain surplus state personal property. The commissioner would be required
to list any surplus property on the OGS website, and after determining that no municipalities are interested, the surplus
property would be available for purchase by the public.
This bill passed the Assembly, but died in the Senate Rules Committee.
XI. LEGISLATION AFFECTING MINORITY AND WOMEN OWNED BUSINESSES
A. Increasing the Ability of MWBE's to Compete for Contracts
(Delivered to the Governor / A.9099 Powell)
This law will increase the ability of small businesses, including Minority- and Women-owned Business Enterprises
(MWBE's), to compete for contracts by increasing the aggregate amount of a contract from $50,000 to $100,000 before
the requirements to bond set in. This law raises the contract amount for which individuals may be granted a waiver from
bonding when receiving a state contract from $50,000 to $100,000.
B. Ensuring State Compliance with Article 15-A
(A.6750-B, 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.
C. 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.
XII. MISCELLANEOUS
A. Nassau County Residency Requirements for Deputy Sheriffs
(Chapter 551 of the laws of 2004 / A.6244-C, Weisenberg)
This law allows the deputy sheriffs of the County of Nassau to reside anywhere in Nassau County or in
an adjoining County. Currently, police officers and other Nassau County employees are not required to
reside in the County. This law provides that residency flexibility to deputy sheriffs and enables the County
to use a larger pool of applicants when filling such positions.
B. Reorganization of the Consolidated Laws of New York State
(Chapter 437 of the laws of 2004 / A.8747 Markey)
This law organizes the consolidated laws of New York State by transferring the powers and duties of the Office
for Technology (OFT) from the Executive Law to the recently created State Technology Law. The organization of the
Consolidated Laws will permit those who must know technology law to find it easily and quickly. This law does not
change the substance of the law in any manner.
C. Ratification of the St. Regis Mohawk Tribal Compact
(Chapter 590 of the laws of 2004 / A.10071, Aubertine)
This law provides legislative ratification of the Tribal-State compact with the St. Regis Mohawk Tribe entered
into by the State of New York on December 4, 2003. It also provides that the St. Regis Mohawk Tribe has Indian
exclusivity with regard to the installation and operation of slot machines in Clinton, Essex, Franklin, Hamilton,
Jefferson, Lewis, St. Lawrence, and Warren Counties. In addition, this law provides for revenue sharing with the
State regarding proceeds from slot machines based on the net drop of such machines and provides for slot revenue
sharing with Franklin and St. Lawrence Counties and other affected counties and towns.
In 1993, Governor Cuomo entered into a Tribal-State Compact between the St. Regis Mohawk Tribe and the State
of New York, which authorized the operation of the Akwesasne Mohawk Casino. On June 12, 2003, the New York
State Court of Appeals issued a decision invalidating the Compact on grounds that it was not approved by the State
Legislature. This law validates the 1993 Tribal-State Compact between the St. Regis Mohawk Tribe and the State of
New York.
D. Residency Requirements of Peekskill City Judges
(Chapter 256 of the laws of 2004 / A.11080-A Galef)
This law allows the Peekskill City Court Judges to be residents of either the City of Peekskill or Westchester County.
The change in the residency requirement will provide the City of Peekskill with a larger pool of candidates.
E. Assembly and Senate Historians
(A.807, Brodsky)
This bill would create the positions of Assembly and Senate historians. Each historian would compile an annual record
of the significant events and accomplishments of their house and submit that record to leadership within one hundred
and twenty days of the end of the legislative session. Each historian would be chosen by leadership from a list compiled
by the minority and majority members of that house. This bill would help to preserve the rich history of both houses of the
Legislature.
This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee.
F. Enhancing New York's Information Services Technology
(A.3279-A, Ortiz)
This bill would enhance the State's information technology structure by establishing a task force to examine information
technology and communications issues. A thirty-one member task force would be directed to develop frameworks and
strategies to promote New York's economic development and technology innovation in New York's schools. The task
force would also make recommendations to ensure that technology increases the cost-effectiveness and quality of
government services. Lastly, the task force would assist in promoting the growth of the state's electronic commerce
and information economy.
This bill passed the Assembly, but died in the Senate Rules Committee.
G. Equal Access to Civil Service Examinations
(A.6053, Tocci)
This bill would add "merchant marine" personnel to each of the provisions of law permitting military
personnel the opportunity to make up civil service examinations if they missed the examination due to active duty
status. This bill would afford members of the Merchant Marine the same opportunities and access afforded to other
persons in military service in regards to civil service examinations.
This bill passed the Assembly, but died in the Senate Veterans, Homeland Security, and Military Affairs Committee.
H. Special Administration of Licensing Examinations
(A.11797, Silver)
This bill would ensure that all persons have equal access to licensing examinations administered by the State of
New York by requiring the special administration of any licensing examination that occurred on a day of religious
observance. Such specially mandated licensing examinations would be offered at a comparable time, place, and
cost no more than thirty days before or after the regular examination date.
This bill passed the Assembly, but died in the Senate Rules Committee.
XIII. COMMEMORATION
A. A Day of Commemoration for Susan B. Anthony
(Chapter 567 of the laws of 2004 / A.2509-A, Klein)
This law designates 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.
B. A Day of Commemoration for Juneteenth Day
(Chapter 113 of the Laws of 2004 / A. 3098-A, Towns)
This law designates June 19th as Juneteenth Freedom day, a day of commemoration. This bill commemorates 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 the slaves were free. New York is the fifteenth state to recognize Juneteenth Freedom Day. The other states
that recognize this day are Texas, Florida, Oklahoma, Delaware, Idaho, Alaska, Iowa, California, Wyoming, Missouri,
Connecticut, Illinois, Louisiana, and New Jersey.
C. A Day of Commemoration for Asian New Year
(Delivered to the Governor / A. 11617, Silver)
This law recognizes the Asian New Year by designating a day of commemoration. The Asian New Year is determined
by phases of the moon and consideration of specific equinoxes. No simple or accurate method has been discovered to
coordinate the lunar and the solar calendars. Therefore, the Asian New Year does not fall on the same day that the solar
calendar recognizes as the new year. This law commemorates the Asian New Year on the day the Asian Lunar New Year
is designated on each calendar year.
The Asian New Year is one of the most important days of the Asian calendar and is a time for rejoicing, family reunions,
gift giving, feasting, and festivities. It is appropriate that the State commemorate this day in honor of the historical and
cultural benefits that New Yorkers have received and continue to receive from the Asian community.
D. A Day of Commemoration for 9/11 Remembrance Day
(Delivered to the Governor / A. 11673, Silver)
This law recognizes the bravery exhibited and the losses suffered on September 11, 2001, by designating September 11th
as "September 11th Remembrance Day," a day of commemoration. It would also require the flag to be flown
half-staff on September 11th Remembrance Day.
On September 11, 2001, our nation experienced an unprecedented terrorist attack on the United States of America, and
specifically on the targets of New York City, Washington D.C., and Pennsylvania. Many lives were lost impacting
communities across the state and nation. Our nation is still dealing with the effects of the attacks. This law recognizes
the significance of September 11th on the lives of all New Yorkers.
E. A Day of Commemoration for Gold Star Mothers Day
(A.6729, Carrozza)
This bill would designate the last Sunday in September as "Gold Star Mothers' Day," a day of commemoration.
This legislation would honor mothers who have lost a son or daughter in service to our country by designating the last
Sunday in September as "Gold Star Mother's Day." Gold Star Mothers are the mothers of those individuals
who died in the line of duty while defending the United States of America. A day set aside to remember the mothers of
individuals who gave their lives for the country would demonstrate our national pride for their heroic actions.
This bill passed the Assembly, but died in the Senate Finance Committee.
Committee Hearings
Emergency First Responders
On March 8, 2004, the Committee on Governmental Operations held a joint hearing in Albany, New York, entitled
"Emergency First Responders: Equipment, Recruitment and Training." The hearing provided a forum for
First Responders to identify their needs and concerns relating to New York's emergency response preparedness. First
Responders from across the State testified about problems with existing preparedness efforts. Four themes were
consistently identified: inadequate federal funding; outdated or obsolete radio equipment and communications systems;
statewide equipment shortages; and insufficient access to training.
The findings of the hearing were presented in an Assembly report entitled, "First Responders: A Last Priority? The
Status of New York State's Preparedness." The hearing and the report identified key weaknesses to the State's
disaster preparedness plans. In order to strengthen the State's preparedness efforts, the Assembly introduced the
Terrorism Prevention, Preparedness, and Enforcement Act (A.10543-A), which was negotiated with the Senate and
Governor and included in the Anti-Terrorism Act of 2004 (A.11723-A, Lentol).
Statewide Wireless Network
On May 19, 2004, the Assembly Committees on Governmental Operations, Ways & Means, Codes, Corporations,
Authorities, & Commissions, Local Governments, and Oversight, Analysis & Investigation held a joint hearing
to review the process by which the award for the Statewide Wireless Network (SWN) was reached. The Committees
held the hearing to ensure that the procurement process for the network contract was fair and in compliance with the
state procurement law. Both bidding consortiums, as well as the Office for Technology, testified.
The hearing provided information about the procurement and confirmed a price range for the project from one billion to
three billion dollars. The Committees have requested additional information from the State Office for Technology and
expect discussion regarding SWN to continue.
Oversight of this procurement has been an ongoing committee project. It started in 2000 when the Committee intervened
in what appeared to be a single source contact award and required OFT to put the project out to bid. The Committee will
continue its efforts to ensure that the procurement process is conducted in accordance with law, that local governments
have an opportunity to participate at a reasonable cost, and that the system work efficiently and effectively.
Statewide communications is a serious issue that impacts all New York State residents, as demonstrated by the attacks
on September 11, 2001, by the North Country Ice Storm of 1998, and as testified to by First Responders at our
March 8, 2004, hearing. Oversight of communication issues will continue to be a priority of the Committee.
Considerations for the 2005 Legislative Session
The Committee will focus on improving the state's procurement process in conjunction with the renewal of the
Stewardship Act which expires on June 30, 2005. We will continue our oversight of contract awards, particularly
the award for the Statewide Wireless Network.
The Committee will also continue the focus on strengthening the states' lobbying law by expanding the law to capture
the procurement of state and municipal contracts and the issuance of executive orders.
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