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

Dear Speaker Silver,

As Chair of the Assembly Standing Committee on Governmental Operations, I respectfully submit to you the 2002 Annual Report. I have outlined the Committee's significant legislation and our outlook for the 2003 session.

The Committee had a number of major accomplishments this year. The Committee continued its role as the Legislature's advocate for human rights, working to improve the responsiveness of the Human Rights Division and enacting a law that bans discrimination based on sexual orientation. New laws were enacted to regulate charitable organizations and to require carbon monoxide detectors in homes and apartments.

The agenda for 2003 will continue the Committee's focus on renewing and improving the state's procurement process to ensure fairness and to encourage greater participation by New York's small and women-and minority-owned businesses.

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

MEMBERS OF THE NEW YORK STATE ASSEMBLY

GOVERNMENTAL OPERATIONS

ROANN M. DESTITO, CHAIR

1. Introduction
2. Crime Victims
3. Division of Human Rights
4. Freedom of Information Law
5. Governmental Reform and Administration
6. Regulatory Reform
7. Legislation Affecting Persons with Disabilities
8. Fire and Safety
9. Office of General Services
10. Legislation Affecting Minority and Women Owned Businesses (MWBE's)
11. Miscellaneous
12. Commemoration
13. Considerations for the 2003 Legislative Session

Appendix A: 2002 Summary of Action on All Bills

Appendix B: Chapters of 2002

Appendix C: Vetoes of 2002

Appendix D: Bills Passed by the Assembly

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 Assembly Committee on Oversight, the Administrative Regulation Review Commission, and the Legislative Commission on Government Administration.

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

1. Administrative Procedure for Determination of Claims
   (A.1333, 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 of 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 a reason if departing from precedent.

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

2. Establishing a Victim's Assistance Education Program
   (A.1721, Sidikman)

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

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

3. Victim Notification Procedure
   (A.1985, Sidikman)

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

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

4. Antitrust Fund
   (A.2215, John)

This bill would grant court 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 to give courts discretion to direct fines to the Crime Victims Board.

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

5. Reporting Requirements
   (A.2973, Sanders)

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

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

6. Documentation of Eligibility for Compensation
   (A.3909, Pretlow)

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.

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

7. Clarification of Statutory Language
   (A.4321, Ortiz)

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.

8. Awards For Parents and Guardians of Crime Victims
   (A.4709, 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 18. In the event that a minor child is physically or emotionally injured as the result of a criminal act committed against them and hospitalization is necessary, the presence of their parents or other caretakers is not only helpful in the healing process of the child but sometimes a necessary assistance for medical personnel. Currently, the parents of child victims are not eligible to receive wage reimbursement. This bill would support the families of child crime victims by lessening the burden of the loss of income to families dealing with the aftermath of a crime.

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

9. Crime Victims Board Ombudsman
   (A.5420, DiNapoli)

This measure would establish a crime victim's ombudsman within the Crime Victims Board 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 is 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 Crime Victims, Crime, and Correction Committee.

10. Threshold Amount Increase
    (A.5494, DiNapoli)

Under current law, any compensation to a victim that approaches the maximum threshold award of $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 Correction Committee

11. Financial Difficulty Determination
    (A.5495, DiNapoli)

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 household 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.

12. Acceleration of Claims Disposition
    (A.5566, DiNapoli)

This bill would require the Chairperson of the Crime Victims Board to conduct an investigation to determine whether a claimant is eligible to receive an award. Under current law, the Crime Victims Board conducts a simultaneous investigation of claims to determine eligibility and compensation to be awarded. By providing a better initial review of claims most eligible cases would receive an expedited response.

The current method of investigating claims has led to a backlog of unresolved cases. In addition, 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.

13. Health Care Provider
    (A.5567, DiNapoli)

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 be an asset to the Board.

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

14. Sexual Assault Forensic Examiner Payment Plan
    (A.7306-B, John)

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

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

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.

1. Preserving Religious Freedom
   (Chapter 539 of 2002/A. 7340-A, Silver)

This law makes it an illegal discriminatory practice for an employer to refuse to accommodate the employee's religious observance or practice. Although existing law requires employers to accommodate their employees' observance of the Sabbath, they are not required to accommodate additional provisions of an individual's religious practice. This law requires that additional accommodations that do not impose an undue hardship on the employer must be made. This law also defines undue hardship as any accommodation requiring significant difficulty or expense, including a significant interference with the safe or efficient operation of the work place or a violation of a bona fide seniority system. This law will expand the protection of an individual's right by allowing full religious observance, while also insuring that employers are able to effectively manage their businesses without major disruptions.

2. Prohibition of Discrimination Based on Sexual Orientation
   (Chapter 2 of 2002/ A.1971, Sanders)

This law would prohibit discrimination in education, employment, and public accommodation based on an individual's actual or perceived sexual orientation. State law already 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 was glaring, particularly in a State that has been a leader in preserving the fundamental right of privacy. This measure takes the appropriate steps to establish civil rights protection for the citizens of this State regardless of their sexual orientation.

3. Discrimination Class Actions
   (A.97, 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 In vestigations, Taxation, and Governmental Operations Committee.

4. Promoting Gender Equality in Educational Facilities
   (A.678, Colman)

This bill would prohibit discrimination in access to educational programs and facilities by education associations and corporations. Education associations and corporations are prohibited from discriminating among applicants on the basis of race, color, religion, disability, national origin, age, and marital status. This bill would add sex to the education section of the Human Rights Law, providing protection from discrimination on the basis of the applicant's sex in the same manner as protection is provided to other protected classes. This bill would make provisions for the exemption of single sex educational institutions.

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

5. Discrimination Claim Time Frame
   (A.2341, 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 also ensure that the rights of the aggrieved party to obtain redress will be maintained if their complaint is dismissed after the statute of limitations set forth in the Human Rights Law has expired.

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

6. Employment Discrimination Technical Corrections
   (A.3747, Sweeney)

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

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

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

7. Extending the Timeframe for Human Rights Complaints
   (A.4557, Sanders)

This bill would extend the time frame to file a complaint with the State Division of Human Rights from one to three years. Currently, a complaint may be filed with the Division of Human Rights up to one year from the time of the alleged incident, and a civil case based on an alleged Human Rights violation may be filed up to three years following the alleged incident. This bill would make the time frame to address human rights violations consistent with both the appropriate state agency and the court system.

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

8. Gender Pricing
   (A.5396, Clark)

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.

9. Pay Equity
   (A.5416, 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 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 that makes gender-based wage setting in female-dominated job classifications an unlawful discriminatory practice.

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

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 deliberation and decisions that go into the making of public policy. Both these laws ensure the government's accountability to the people.

1. Redefining the Term "Public Body" in the Open Meetings Law
   (A.134, John)

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

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

2. Public Meetings Locations
   (A. 970, Luster)

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

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

3. Penalties for Unauthorized Disclosure of Warrants
   (A.1730, Stringer)

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

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

4. Preserving Executive Records
   (A.1953 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 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 such records. This act would apply to all records not exempted under the existing Public Officers Law.

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

5. Increased Access to Public Meetings for the Hearing Impaired
   (A.1978, Stringer)

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.

6. Improving Communications Records of Regulatory Agencies
   (A.2146, John)

This bill would require twelve of the executive's major regulatory agencies to keep records of all communications with policy making personnel that are intended to influence their decisions on changes in agency rules. The twelve agencies would be: 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 require that the record of communication be available to the public for inspection and copying.

This bill passed the Assembly but died in the Senate Finance committee.

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

1. Oversight of Municipal Lobbying Efforts
   (Chapter 19 of 2002/ A.10395, Silver)

This law extends the existence of the Advisory Council on Municipal Lobbying, as well as requiring an additional report of their findings. This law extends the council's existence from October 1, 2001, to January 1, 2003. This law also requires a second report be delivered to the Legislature with the council's final findings on or before December 31, 2002.

2. Restricting Gifts for Gubernatorial Nominees
   (Chapter 355 of 2002/ A.11610, Markey)

This law extends the existing provisions of the Public Officers Law to encompass individuals nominated for positions by the governor who are awaiting confirmation by the Senate. These appointees are included in the statutory provisions that restrict the receipt of gifts valued at $75 or more from registered lobbyists. However, there is no such restriction applied to gift-giving between lobbyists and appointees who are awaiting Senate confirmation. This law enacts the gift restriction from the time the prospective employee's name is submitted to the Senate.

3. Improving Healthcare in Underserved Areas
   (Veto Memo 15 of 2002/ A.7244-B, Gunther)

This bill would create a State Area Health Education Center System Advisory Board to work with the federally funded Area Health Education Centers (AHEC). With the enactment of the Health Care Reform Act (HCRA) of 2000, the state committed to providing matching state funds to increase the healthcare services offered to underserved urban and rural areas. Currently, these area health education centers are administered and overseen by a statewide office within the Department of Family Medicine within the University of Buffalo. This bill would create an independent office to coordinate the efforts of the five existing regional centers and spearhead future recruitment and growth efforts. However, the Governor vetoed this bill, stating that it is duplicative, as there is an existing sixty-two member statewide advisory committee.

4. Prohibiting State Agency Loans to Employees
   (A.2697, 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 rather than being tied up in personal loans.

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

5. Revolving Door Exemptions
   (A.3199-A, 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, 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 Finance Committee.

6. Financial Disclosure by Candidates for State Office
   (A.5421, DiNapoli)

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.

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

1. Publication of Regulatory Agendas and Proposed Rules
   (Chapter 465 of 2002/ A.10228-A, McLaughlin)

This law extends the provisions of section 202-d of the State Administrative Procedure Act, (SAPA), for an additional two years. Section 202-d of SAPA requires specified agencies to submit a regulatory agenda to the Department of State detailing a list and description of the subject matter being considered for rule-making. This law gives such agencies the opportunity to solicit comments concerning any rule that the agency is considering proposing but for which no notice of proposed rule making has been submitted.

2. Increasing Efficiency in the State Workforce
   (Veto Memo 27 of 2002/ A.2145-A, Robach)

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 business climate and the preparedness and resourcefulness of the state workforce.

A systematic, comprehensive evaluation and reporting process is needed to ensure the most appropriate allocation of training resources and to provide an ongoing assessment of how the state's workforce preparation system works with both employers and employees. Such systematic evaluation and reporting would enhance the program development and implementation process. However, this bill was vetoed by the Governor, who stated that it would be too costly and burdensome to implement.

3. Legislative Notice of Required Rules
   (A.62, John)

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

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

4. The Community Notification and Empowerment Act
   (A.1732, Stringer)

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.

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 that affect the character of their neighborhood and the quality of their lives.

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

5. Increased Protection for Small Business
   (A.4130, Christensen)

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 competitive with larger companies.

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

6. Installment Payment Plan for Small Businesses and Local Governments
   (A.4132, Christensen)

This bill would assist small businesses and local governments by enabling them to make installment payments for fees or civil penalties owed to state agencies. Fees are required to ensure that the beneficiaries, and not the taxpayers, bear the costs of obtaining agency permits, and civil penalties are necessary to enforce regulatory standards. These monetary amounts 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.

7. Regulatory Impact Statements
   (A.4133, 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.

8. Small Business Compliance Guideline Regulations
   (A.4706-A, 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 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 a similar program of providing plain-language information about compliance requirements with regard to state regulatory programs with small businesses, and encourage 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.

9. Increasing Public Participation in the Rulemaking Process
   (A.5218, 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 with a minimum of one hundred New York State residents requesting a hearing on an issue. This bill would also authorize such 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.

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

10. Regulating the Enactment of Agency Rules and Regulations
    (A.5220, 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 the scope of sub-regulatory documents be uniformly defined and recognized.

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

11. Increasing Public Input on Rulemaking
    (A.5273-A, McLaughlin)

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 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 a hearing.

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

12. Expanding the Audit Powers of the State Comptroller
    (A.5626, Stringer)

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 Finance Committee.

13. Reporting Requirement Reform Act
    (A.5853-B, Stringer)

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 Finance Committee.

14. Emergency Adoption of Rules
    (A.7777-B, McLaughlin)

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

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

15. Creation of Rules and Regulations Supporting New Statutes
    (A.8931, Gottfried)

This bill would authorize state and local entities and officials to create regulations and take actions in preparation for a new law after the law's enactment, but prior to the effective date, unless specifically prohibited. Current law does not allow entities to created these rule and regulations in advance of the effective date of an act, causing government agencies to be unprepared for enforcement of new laws when they take effect. By empowering agencies to plan ahead, they will be better equipped to serve the community.

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

1. Unlawful Discriminatory Practices
   (A.4707, Cahill)

This bill would clarify the scope of protections against discriminatory practice 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.

2. Increasing the Responsibilities of Public Entities to the Disabled
   (A.4885-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.

3. Protecting State Employees with Disabilities
   (A.5971, Luster)

This bill would establish liability on the part of the State for violations of the Americans with Disabilities Act (ADA). Under this legislation, employees of the state would attain the right to seek damages in state court for violations of their rights under the 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.

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

1. Expanding the Disaster Preparedness Commission
   (Chapter 346 of 2002/ A.11594 Destito)

This law expands the existing membership of the State Disaster Preparedness Commission to include the Director of the State Office for Technology (OFT). The original make-up of the commission was established before the creation of the Office for Technology. OFT was created, among other things, to ensure the effective utilization of state technological resources. Many of these new technologies are directly related to the effective implementation of a state emergency response. The overall ability of the state to respond in times of emergency would be enhanced by representation of the Office for Technology on the Disaster Preparedness Commission.

2. Increasing Carbon Monoxide Protection
   (Chapter 257 of 2002/ A.2424-A, Morelle)

This law requires that carbon monoxide detectors be installed in all one and two family dwellings constructed or offered for sale. Carbon monoxide is an odorless gas that can seep into a home undetected and cause harm to the occupants before they are aware of its presence. This law takes an important step towards protecting individuals from accidental carbon monoxide poisoning.

3. Expanding Privacy Protection for Parole Officers
   (Chapter 137 of 2002/ A.9304-A, Lentol)

This law would include parole officers within a class of law enforcement officers and public safety officers whose personnel records are designated confidential. These records are accessible only with the consent of the employee in question or a court order. These measures are taken for the protection of these individuals, who might be subject to retaliatory acts by individuals with whom they have come into contact with in the course of their duties.

4. Changing Provisions for the Existence and Management of the Port Washington Police District
   (Chapter 685 of 2002/ A.9430-A, DiNapoli)

The Port Washington Police District was chartered under the Nassau County Civil Divisions Act of 1939. This charter was significantly revised by Chapter 602 of the Laws of 1998, but some of the provisions, especially those relating to district elections, needed further refinement and correction. This law makes the necessary changes to effectively implement the existing provisions of this charter.

5. Expanding Statewide Arson Prevention
   (Chapter 689 of 2002/ A.10056, Tokasz)

This law increases the effectiveness of background checks for prospective volunteer firefighters. The head of a volunteer fire department has the right to obtain records to determine if a candidate for membership has an arson conviction record. This law establishes mandatory time limits, allowing the department ten business days to request the search, and provides the search agency ten businesses days to respond in writing.

6. Allowing Former State Employees to Aid the State in Times of Disaster or Emergency
   (Chapter 514 of 2002/ A.11498, Canestrari)

Retired and former State employees are prohibited for two years from appearing before their former employer, and for life from appearing before such office with regard to a specific issue that they worked on as a state employee. While it is important to preserve the integrity of government by limiting interactrions between former employees and their employing agencies, this law would allow an exception in times of emergency.

7. Suffolk County Arson Prevention
   (Veto 1 of 2002/ A.6603, Levy)

This bill would allow the Police Commissioner of Suffolk County to receive reports on arson investigations in place of the county sheriff. 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 and provide such report to the county sheriff. In Suffolk County, the police commissioner fills that role of the county sheriff. This bill would allow the Suffolk County Police Commissioner to receive such reports and transmit the information required by the fire department to properly screen applicants. The Governor vetoed this bill as it was enacted without the required home rule message.

8. Providing Civil Service Opportunities to Merchant Marines
   (A.1736, Tocci)

This bill would continue the State's practice of recognizing the contributions of the Merchant Marines by extending to them similar benefits offered 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 Marines.

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

1. Making Preferred Source Provisions of Procurement Permanent
   (Chapter 426 of 2002/ A.1297, Tonko)

This law makes permanent the provisions of the Procurement Stewardship Act in the State Finance Law that relate to preferred sources. These provisions require that certain state procurement contracts be awarded to preferred vendors, who have been designated as such because they employ individuals who are blind, mentally ill, severely disabled, are designated a veteran's workshop or are a program to produce commodities run by the Department of Correctional Services. Until 1995, these provisions were a permanent part of the State Finance Law, but when the Stewardship act was reauthorized they were included in sunset date of the Act. This "sunset" provision endangered the smooth continuation of this program. This law ensures that the preferred source provisions of the Procurement Stewardship Act are permanent.

2. Transfer of Lands to the Win-Sum Ski Corporation
   (Chapter 144 of 2002/ A.7697-B, Young)

This law authorizes the Commissioner of Environmental Conservation to transfer certain state reforestation lands located in the Towns of Mansfield, Ellicottville, Little Valley, and Great Valley to the Win-Sum Ski Corp. In exchange, the corporation will transfer comparable lands back to the state to be used for reforestation. This will allow the ski corporation to have access to lands than they are able to use for commercial purposes, while provided the State with lands that are more suitable for reforestation.

3. Transfer of Lands to the Roman Catholic Diocese of Albany
   (Chapter 185 of 2002/ A.7912, McEneny)

This law authorizes the Commissioner of the Office of General Services to transfer specified state lands to the Roman Catholic Diocese of Albany. This transfer allows the church to expand its existing social service programs.

4. Extending Land Transfer Timeliness for the Town of Camillus
   (Chapter 441 of 2002/ A.9897, Brown)

In 1992, the Legislature authorized the Commissioner of the Office of General Services (OGS) to sell lands of the former Syracuse State School to the Town of Camillus, for the purpose of developing senior housing. In 2000, the Legislature repealed this restrictive use, and authorized OGS to convey the remaining land to the Town of Camillus. The contractor with whom the Town was working to develop the land was unable to continue on the project and the Town requested additional time to hire a new developer. This law provides the Town of Camillus until June 1, 2003, to engage a new developer.

5. Transfer of Land to the Town of Sennett
   (Chapter 291 of 2002/ A.9901, Finch)

In 2001 25 acres of state land was transferred to the Town of Sennett, to be used as a town park. This law makes a technical amendment to that chapter by removing some improper wording.

6. Transfer of Land in the Town of Wallkill
   (Chapter 449 of 2002/ A.10689-A, Gunther)

This bill would remove restrictive language included in a prior land transfer in the Town of Wallkill, Orange County. In 1969, approximately 37 acres of real property were transferred from the State of New York to Orange County for the benefit and use of Orange County Community College. The College is not using all of the land and the community is prevented by the language of the transfer from utilizing the unused portions of the land. This law removes this restrictive language and allows the land to be used for other governmental purposes, with the approval of Orange County Community College.

7. Transfer of Land to the Town of Ashland
   (Chapter 612 of 2002/ A.10706-A, Winner)

Current state land in the Town of Ashland contains buildings that have been slated for demolition due to their age and condition. These buildings are of great historical significance to the area as they are the only remaining buildings in the area that were used for trolley terminals in the early 1900s. This law authorizes the State to convey such land to the Town of Ashland for the purposes of creating a joint historical society building with the Ashland Historical Society and the Southport Historical Society. The law also allows the Town of Ashland to use the land and buildings for general municipal storage.

8. Transfer of Land to Moravian Open Door, Inc.
   (Chapter 196 of 2002/ A.11449-B, Sanders)

This law authorizes the Commissioner of the Office of General Services to convey certain state lands located on East 18th Street in the borough of Manhattan to the Moravian Open Door, Inc., to be used as a homeless shelter. This land has been leased to the Moravian Open Door, Inc., since 1987. This not-for-profit organization has used the property as a homeless shelter and has made many improvements to the property.

9. Transfer of Land to the Vetter Living Trust
   (Chapter 463 of 2002/ A.11561-B, Bacalles)

This law authorizes the Commissioner of the Office of General Services to transfer specified state land to the Vetter Living Trust, located in the Town of Campbell in Steuben County. This land is to be exchanged for another parcel of land of comparable or greater value to be used for reforestation.

1. Extending Protection for Minority and Women Owned Business Enterprises
   (A.11494, Destito)

This bill would extend the provisions of Article 15-A of the Executive Law until 2018 and would include the Urban Development Corporation in the list of agencies subject to Article 15-A. The purpose of Article 15-A, enacted in 1988, is to ensure that a fair share of state contract dollars are spent with minority and women owned businesses (MWBE's) and to promote the development of such businesses. This bill would ensure that the State continues its policies and programs to improve the participation of MWBE's in state contracts.

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

2. Reviewing Protection for Minority and Women Owned Businesses
   (A.10477, Millman)

Article 15-A of the Executive Law expires on December 31, 2003. 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 (MWBE's) in the competitive bidding process prior to its renewal.

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

1. Promoting the Use of E-Signatures
   (Chapter 314 of 2002/ A.11628, Destito)

In 1999, New York State adopted the Electronic Signature and Records Act, setting the standard for electronic signature and record keeping for business transactions in the State. Federal legislation has since been enacted addressing the same issue. This law conforms the definition of "e-signature" in the State Technology Law to the definition found in federal law.

2. Privacy Protection for Individuals
   (Veto Memo 19/ A.10040-A, Destito)

This bill would restrict the use of social security numbers by state agencies as identification numbers for their employees. It would require agencies requesting an individual's social security number to disclose whether they are authorized by a specific law to mandate that the individual provide the number, and if not, disclose for what purpose the number will be used. The Governor vetoed this bill stating that this bill would place a burden on state agencies and that the six month implementation period would not provide such agencies with sufficient time to implement the provisions of this bill.

3. Reapportionment of Senate and Assembly Districts
   (Chapter 35 of 2002/ A.11014, Parment)

This law establishes new boundaries for the legislative districts of the state Senate and Assembly. This law also creates two new Senate districts, increasing the number of Senate districts from sixty to sixty-two. The boundaries in this legislation are based on population figures from the 2000 Census.

4. Additional Reapportionment of Senate and Assembly Districts
   (Chapter 38 of 2002/ A.11184, Parment)

This law provides technical corrections and amendments to Chapter 35 of the laws of 2002. These amendments and corrections are necessary to ensure that the districts created are fair, representative, and comply fully with federal and state law.

5. Reapportionment of Federal Congressional Districts
   (Chapter 86 of 2002/ A.11570)

This law adjusts the number of congressional districts for the state of New York to twenty-nine, based on the number of inhabitants reported in the 2000 census. This law further sets the boundaries for the congressional districts in New York State, to comply with the new number of districts.

6. Regulation of Charities
   (Chapter 43 of 2002/ A.871-F, Morelle)

This law strengthens regulations regarding the financial disclosures made by charitable organizations. In addition, this law requires fundraisers to register and bond with the State. By requiring charities to make financial disclosures to potential donors, along with required registration and bonding with the State, the occurrence of fraud will greatly be reduced. This law also provides the Attorney General with greater enforcement powers to regulate and investigate the practices of charitable organizations.

7. Police Residency Requirements in Yonkers
   (Chapter 621 of 2002/ A.9242, Pretlow)

This law removes the residency requirement that applied to police officers in the City of Yonkers. It allows members of the police force to reside anywhere in Westchester, Orange, or Dutchess County.

8. Residency Requirements for Deputy Sheriffs in Fulton County
   (Chapter 517 of 2002/ A.11049-A, Butler)

This law allows Fulton County Deputy Sheriffs to reside in Fulton County or any adjoining county. This law assists Fulton County in addressing its recruitment and retention problems by increasing the pool of potential applicants.

9. Residency Requirements for Deputy Sheriffs in Montgomery County
   (Chapter 518 of 2002/ A.11053-A, Tonko)

This law allows Montgomery County Deputy Sheriffs to reside anywhere in Montgomery or any adjoining county. This law assists the County in addressing recruitment and retention problems by increasing the pool of potential applicants.

10. Extending the Implementation of the Community Services Block Grant
    (Chapter 606 of 2002/ A.9595, Jacobs)

This law will extend the distribution system in place for the Community Services Block Grant (CSBG) from 2002 to 2003. By doing so, the Department of State has the authority to administer this federal money until the end of the 2003 fiscal year.

11. Preferential Procurement of New York State Rock Salt
    (Chapter 412 of 2002/ A.11466, Gantt)

This law would extend from October 20, 2002, to October 20, 2004, the repealer date of the provisions of the Procurement Stewardship Act that direct the State to give a preference, when awarding contracts for the purchase of rock salt, to New York businesses over businesses located in jurisdictions that discriminate against New York businesses.

12. Classification of the Salmon River
    (Chapter 633 of 2002/ A.11764, Ortloff)

This law will designate the Salmon River in the town of Malone as one of the State's major inland waterways. This classification is necessary to allow municipalities and organizations along its banks to be eligible to apply for Department of State and Environmental Protection Fund Waterfront Revitalization grants. These grants have the potential to help revitalize the struggling economies of these upstate communities.

1. Designates September 11 as Remembrance Day
   (A.10348, Silver)

This bill would designate September 11 as Remembrance Day, a state holiday, and would include it in the list of days on which a flag must be displayed in all public buildings. The terrorist attacks of September 11, 2001, have left a deep impact on the people of the State of New York. It is only fitting that the sacrifices of so many of our citizens are acknowledged by the flying of the flag and by having an official holiday to honor them.

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

2. Monument Recognizing Fallen Emergency Service Workers
   (A.2975, Sweeney)

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.

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

The agenda for 2003 will continue the focus on improving the state's procurement process, particularly to ensure fairness and greater participation by New York's small and women-and minority-owed businesses. In addition, the State's disaster preparedness and response system continues to be a matter of interest for the Committee.