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 2006 Annual Report. I have outlined the Committee’s significant legislation and our outlook for the 2007 session.

The Committee had a number of accomplishments this year. The Committee, in conjunction with our Subcommittee on Oversight of Minority- and Women-owned Business Enterprises (MWBEs), was successful in strengthening existing laws promoting MWBEs. Specifically, legislation was enacted to streamline the MWBE certification process, create a MWBE statewide advocate, and to conduct a disparity study to examine the number of state contracts awarded to MWBEs.

The Committee passed a package of bills to enhance the State’s disaster preparedness and response capabilities. As a result of our efforts, the State will now make public service announcements, in multiple languages, informing the public on how to respond to a disaster. In addition, state and county disaster preparedness plans will include programs to assist individuals with household pets or service animals. As a direct result of the Committee’s work on various disaster preparedness and response issues, we were able to obtain $5.7 million allocated in the State Fiscal Year 2006-07 budget for counties to use to improve disaster preparedness plans.

The Committee also passed comprehensive Freedom of Information Law (FOIL) and Identity Theft Protection packages. An eight-bill package was passed to strengthen the FOIL and Open Meetings Law to ensure that the public has access to the governmental decision- making process. Our identity theft prevention package was designed to protect all residents of the State from identity theft and to reduce access to residents’ personal information.

Furthermore, the Committee worked diligently on government reform issues by passing legislation which would increase public confidence in state and local government by clarifying and strengthening existing lobbying and ethics laws and by holding statewide hearings on the redistricting process. Our work on government reform issues will continue in the 2007 Legislative Session.

The agenda for 2007 will continue the Committee’s focus on improving the implementation of the State MWBE program and our efforts to strengthen the State’s disaster preparedness and response protocols. The Committee will continue its work to strengthen the public’s right to know and to maintain transparency of government actions by being active participants in government reform discussions.

I would like to take this opportunity to thank the Speaker and the Committee members for their continued support. I look forward to meeting the challenges ahead in the 2007 Legislative Session and continuing our successes with the new gubernatorial administration.

Sincerely,

RoAnn M. Destito, Chair
Assembly Committee on
Governmental Operations

MEMBERS OF THE NEW YORK STATE ASSEMBLY

STANDING COMMITTEE ON

GOVERNMENTAL OPERATIONS

RoAnn M. Destito, Chair

1. Introduction

2. Disaster Preparedness, Fire and Safety

3. Crime Victims

4. Division of Human Rights

5. Freedom of Information and Open Meetings Laws

6. Protection of Personal Identifying Information

7. Governmental Reform

8. Governmental Administration

9. Regulatory Reform

10. Legislation Affecting Minority- and Women-Owned Business Enterprises

11. Office of General Services

12. Miscellaneous

13. Commemoration

14. Committee Hearings

15. Considerations for the 2007 Legislative Session

Appendix A:  2006 Summary of Action on All Bills

Appendix B:  Chapters of 2006

Appendix C:  Vetoes of 2006

Appendix D:  Bills That Passed 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, state procurement, Indian affairs, the Freedom of Information and Open Meetings Laws, disaster preparedness, 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.

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

1. Requiring Public Service Announcements in the Event of a Disaster
   (Chapter 171 of the Laws of 2006/A.2808-A, Diaz, R.)

   This law will enhance public safety in the event of a disaster. Currently, public service announcements are not required in the event of a disaster, which adds to the confusion and anxiety present during a disaster. This law will require the Disaster Preparedness Commission to prepare and distribute public service announcements in multiple languages in order to advise the public of the best course of action. Such announcements will be distributed to television and radio stations throughout the State. This law will reduce panic and enhance safety by providing the public with informed advice if a disaster occurs.

2. Strengthening the Fire Safe Cigarette Law
   (Chapter 583 of the Laws of 2006/A.7166-B, Grannis)

   This law will enhance public safety and strengthen the fire safe cigarette law by increasing the scope of fire investigations, increasing enforcement powers of the Commissioner of Taxation and Finance, the Secretary of State, and the Department of Health, and requiring additional labeling of fire safe cigarettes. Currently, cigarettes purchased outside of New York do not meet New York’s fire safety standard, thereby continuing to place the general public and firefighters at risk from cigarette-ignited fires. Additionally, fire safety markings vary between manufacturers, and it is difficult for consumers to ascertain whether the cigarettes they have purchased meet the safety standard. By increasing the scope of fire investigations, requiring additional labeling of fire safe cigarettes, and by improving enforcement of the law, this law will help to protect the public from cigarette-ignited fires.

3. Biannual Evacuation Drills
   (Chapter 21 of the Laws of 2006/A.9046, McEneny)

   This law is a chapter amendment to Chapter 207 of the Laws of 2005 to give the responsibility of ensuring the evacuation of public buildings to the State Fire Administrator.

4. Providing for the Emergency Evacuation of Pets and Service Animals
   (Chapter 677 of the Laws of 2006/A.9292-A, Glick)

   This law will ensure that state and local disaster preparedness plans take into account the needs of individuals with household pets and service animals. During Hurricane Katrina, many evacuees and disaster victims were forced to leave their pets behind when they evacuated their homes, because no provisions had been made to evacuate companion animals along with their families. As a result, many pet owners, knowing their companion animals could not accompany them, decided to stay in their homes with their pets, making more difficult human rescue efforts. This law will mitigate this situation by providing for the utilization and coordination of programs to assist individuals with household pets and service animals following a disaster, with particular attention to means of evacuation, shelter, and transportation options.

5. Requiring Carbon Monoxide Detectors in Multi- Family Dwellings
   (Chapter 202 of the Laws of 2006/A.9346, Morelle)

   This law makes technical amendments to Chapter 438 of the Laws of 2005 by clarifying that the requirements of Chapter 438 are to be applied prospectively, not retroactively, to multiple dwellings by changing the effective date for application of the law to multiple family dwellings so that the provisions apply only to multiple dwellings constructed or offered for sale after August 9, 2005. This law also requires owners to install operable carbon monoxide detectors only in dwellings that may emit carbon monoxide.

6. Increasing Efficiency of Fire Training Programs
   (Chapter 615 of the Laws of 2006/A.10724, Sweeney)

   This law increases the oversight of the fire training program administered by the Office of Fire Prevention and Control to ensure that firefighters receive sufficient training. This law will require the Office of Fire Prevention and Control to adopt rules and regulations and to issue a written report to the Governor and the Legislature by February 15th of each year on firefighter training activities. There have been repeated calls for increased involvement in firefighter training activities by members of the volunteer fire service. By requiring the Office to develop public rules and regulations, the training process will be open to public scrutiny, which will help ensure that firefighters receive adequate training and that counties remain fully informed of the process for obtaining necessary training hours.

7. Establishing a Statewide First Responders Mapping System Task Force
   (A.11499, Galef/Veto Message # 409)

   This bill would enhance public safety in times of crisis by aiding first responders, who risk their lives to aid others. In order to save time and aid rescue efforts, this bill would establish a statewide First Responder Mapping Information System Task Force, which would determine how best to design and operate a statewide first responder mapping information system and make recommendations to the Governor and Legislature.

   The Governor vetoed this bill on the ground that it could interfere with state efforts to implement the National Infrastructure Protection Plan (NIPP) and that it would interfere with the implementation of federally mandated National Incident Management System (NIMS).

8. Assisting Orange and Sullivan County Residents and Businesses
   (A.1678-A, Gunther)

   The bill would establish the Orange and Sullivan County Residential and Small Business Emergency Economic Relief Program in order to assist residential and business recovery from storms that occurred between August 13, 2004, and September 24, 2004. This bill would authorize SEMO to assist eligible businesses and residents by providing grants not to exceed five thousand dollars or fifty percent of eligible project costs, whichever is less. Homes and businesses were damaged as a result of a number of severe storms and flooding that occurred in mid-August and September. By providing a mechanism to restore homes and businesses, this bill would help to restore residents and businesses to their ‘pre-storm’ condition.

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

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

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

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

10. Requiring Evacuation Time Estimates
    (A.9160, Brodsky)

    This bill would enhance disaster preparedness by requiring cities with a population of 500,000 or more to include evacuation time estimates in their disaster preparedness plans. This information would be valuable in coordinating a large scale emergency evacuation effort by enabling cities to mitigate potential loss of life and harmful effects.

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

11. Equipping State Police Vehicles With Automatic External Defibrillators
    (A.9735-A, Paulin)

    This bill would enhance public safety and may reduce the number of deaths caused by sudden cardiac arrest by equipping state police patrol vehicles with automatic external defibrillators. Time is critical when responding to cardiac arrest. State police are often the first to arrive at the scene of an emergency situation. By equipping state police patrol vehicles with automatic external defibrillators, this bill will provide more people with the opportunity to survive if struck by sudden cardiac arrest.

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

12. Emergency Evacuation
    (A.10361-A, Paulin)

    This bill would help to ensure safety of all residents, including persons with disabilities, during emergency evacuations. Currently, high-rise building owners are not required to create an emergency evacuation plan that includes a method of evacuating people with disabilities in the event of an emergency. Most people with disabilities, especially those with mobility and/or sensory impairments, rely on elevators to exit a building, making independent emergency evacuation difficult because elevator use is prohibited during emergencies. By requiring high-rise building owners to create and maintain emergency evacuation plans, the State would be enhancing emergency protections afforded to persons with disabilities.

    This bill passed the Assembly, but died in the Senate Housing, Construction, and Community Development Committee.

13. Standardizing and Coordinating Weather-Related Disaster Preparedness Plans
    (A.10739-B, Brodsky)

    This bill would enhance the safety of the public by requiring all counties, cities, towns and villages to take steps to improve evacuation plans for weather-related disasters. Public hearings held on weather related disaster preparedness in New York State have revealed that evacuation planning was inconsistent among counties. This bill would enhance public safety by requiring counties to consult with local agencies and organizations in the preparation of such plans. It would also require the Disaster Preparedness Commission to work with counties to resolve inconsistencies in a county’s evacuation plan in relation to neighboring counties and require the Commission to annually review all such disaster preparedness evacuation plans to ensure compliance.

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

14. Ensuring the Safety of Individuals with Disabilities in the Event of a Disaster
    (A.11693, Destito)

    This bill would enhance the safety of individuals of all ages with disabilities by making the current registry of such people who may be in need of special assistance in the event of an emergency or disaster, which is currently recommended to counties, mandatory. In a March 2006 hearing, testimony was received that only two of sixty-two counties have a county registry of people with disabilities. Testimony was also received from state officials identifying the lack of registries as a vulnerability in disaster response. By requiring mandatory registries, this bill would enhance disaster response capabilities throughout the State.

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

15. Encouraging Regional Cooperation in Disaster Preparedness Planning
    (A.11741, Sweeney)

    This bill would enhance the safety of New Yorkers in the event of a disaster by promoting regional cooperation in the preparation of disaster preparedness plans. At recent Assembly hearings on disaster preparedness planning, municipal and state officials testified about their frustration at the lack of available information and input from other municipalities. This legislation seeks to encourage regional cooperation by requiring the Disaster Preparedness Commission to hold annual regional meetings and to facilitate the sharing of plans among neighboring counties. This bill would also require the issuance of guidelines to promote regional planning and cooperation and would require the development of a plan for coordinated regional evacuation procedures.

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

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

1. Increased Clarity in the Determination of Claims
   (Chapter 167 of the Laws of 2006/ A.1236-A, Dinowitz)

   This law will increase consistency in Crime Victims Board rulings by requiring all determinations made by the Board to include any reasons for departing from precedent. 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 law remedies that problem as Board members will be required to include the reason for departing from precedent.

2. Victim Notification Procedure
   (Chapter 173 of the Laws of 2006/ A.3691, Destito)

   This law will ensure that crime victims are made aware of available assistance programs. It requires 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.

3. Consulting with Crime Victims
   (Chapter 193 of the Laws of 2006/ A.9058, Pheffer)

   This law clarifies that the district attorney must consult with the victim or the victim’s family, as appropriate, regarding his, her, or their views regarding the disposition or resolution of the case unless the victim or the victim’s family refuses, is uncooperative, or his, her, or their whereabouts are unknown. This law will provide district attorneys’ offices with greater flexibility to allow for the prosecution of a case when such instances arise.

4. Authority for the Crime Victims Board to Hear, Audit, and Determine the Claims of Cory Boyd, for and on Behalf of William Gouin, a Minor
   (A.7183-A, Paulin/ Veto Message # 327)

   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 Chapter 408 of the Laws of 2005. The purpose of this bill is to allow Ms. Boyd another opportunity to appear before the Board.

   The Governor vetoed this bill as "the Crime Victims Board has the authority to reinvestigate and reopen cases as deemed necessary."

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

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

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

6. Awards for Parents and Guardians of Crime Victims
   (A.2941-A, Diaz, R.)

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

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

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

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

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

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

   This bill would establish the 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. Additionally, the Crime Victims Board would be required to report to annually to the Governor and the Legislature on the use of the program.

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

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

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

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

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

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

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

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

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

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

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

    This bill would define the term "necessary court appearance" for the purpose of determining a crime victim’s award for compensation. The success of the judicial system is directly influenced by the treatment of and input from crime victims. Our judicial system can function more effectively when victims report crimes, confer with prosecutors, testify at hearings and trials, and participate in other phases. Some victims, however, cannot 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.

13. Streamlining Reporting Requirements
    (A.9811, Destito)

    This bill would change the reporting requirements relative to restitution and fair treatment standards from annually to biennially 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.

14. Protecting the Confidentiality of Addresses of Victims of Domestic Violence
    (A.11362-A, Weinstein)

    This bill would help to protect victims of domestic violence by maintaining the confidentiality of their addresses. This bill would provide that a victim of domestic violence may apply to the Secretary of State to have an address designated by the Department of State to serve as the address of such victim in lieu of the victim’s actual address. Upon acceptance of the application, the Secretary of State would serve as the applicant’s agent for the service of process and receipt of mail for a period of four years from the date the application is approved. By providing this service, the State would further protect victims of domestic violence from potential abuse.

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

15. Establishing the Sexual Assault Forensic Examiner Grant Program
    (A.11670, John)

    This bill would assist victims of sexual assault by establishing the Sexual Assault Forensic Examiner (SAFE) Grant Program, which would award grants to provide statewide access and services to victims of sexual assault. Victims of sexual assault have needs that require specialized resources. This bill would help service agencies develop such resources and services necessary to meet those needs.

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

16. Specialized Training for Public Officials Who Handle Sexual Assault Cases
    (A.11671, DelMonte)

    This bill would aid victims of sexual assault by increasing the awareness of various aspects of sexual assault crimes by requiring public officers, district attorneys, and judges who have contact with such victims to undergo specialized training. By requiring police officers, attorneys employed by district attorneys, judges and justices to undergo specialized training, the needs of sexual assault victims would be better understood by those public officials that handle such cases.

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

17. Creating the Crime Victims Assistance Academy
    (A.11672, Hoyt)

    This bill would assist crime victims by establishing a State Crime Victims Assistance Academy to develop an educated force that would provide services to crime victims. Crime victims face a variety of different situations and have needs that require specialized training, education and resources. By creating a Crime Victims Academy, the State would greatly enhance the services and resources available to crime victims, as well as to the service organizations and public officials who work closely with crime victims.

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

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. Unlawful Discriminatory Practices
   (A.7294, Paulin/ Veto Message # 329)

   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.

   The Governor vetoed this bill on the grounds that it would subject state agencies to two different sets of compliance obligations: one under Title II of the ADA and another under the State’s Human Rights Law. However, this bill clarifies federal ADA requirements into state law to maintain consistency.

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

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

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

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

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

   This bill passed the Assembly, but died in the Senate Energy and Telecommunications Committee.

4. Protecting State Employees with Disabilities
   (A.2159, Lifton)

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

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

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

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

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

6. Hearing of Complaints by the Division of Human Rights
   (A.4133-B, 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 Investigations and Governmental Operations Committee.

7. Protecting Victims of Domestic Violence
   (A.6282-B, 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.

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

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

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

9. Reducing the Dismissal of Complaints Due to Administrative Convenience
   (A.9983, Peoples)

   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.

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 basis 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 of these laws ensure the government’s accountability to the people.

1. Requesting and Receiving FOIL Requests Through Electronic Mail
   (Chapter 182 of the Laws of 2006/ A.7993-B, Latimer)

   This law updates the Freedom of Information Law (FOIL) by enabling the public to request and receive records by electronic mail (e-mail). FOIL was enacted in 1974, before the development of e-mail. This law updates FOIL to accommodate commonly-used technology, thus removing impediments to access. By allowing for the use of available technology, such as e-mail, this law increases the public’s ability to request information, as well as state entity’s ability to provide it.

2. Authorizing Payment of Certain Costs in Freedom of Information Litigation
   (Chapter 492 of the Laws of 2006/ A.11449-A, Destito)

   This law will increase public access to information by strengthening agency compliance with the Freedom of Information Law (FOIL). This law will strengthen agency compliance with FOIL by eliminating the requirement that attorney’s fees be awarded only where the Court finds that the records were of substantial interest to the public. The Court would also have discretion to award fees when the agency had no reasonable basis for denying access or if the agency failed to respond to a request or denial within the statutory time frame. The deterrent of attorney’s fees will strengthen agency compliance with FOIL, thus protecting "the people’s right to know."

3. Sorting Information Electronically
   (A.8007, Paulin/Veto Message #257)

   This bill would enhance government transparency by requiring agencies, when updating or installing new databases, to maximize record sorting capabilities. Currently, an agency’s electronic record-keeping databases may not allow for the sorting of records. This bill would require that, when reasonable and practicable, when designing a new electronic record-keeping database, agencies consider sorting records in ways that would segregate restricted and publicly available information. This bill would ease the burden of administrative requirements on agencies while promoting government transparency.

   The Governor vetoed this bill on the ground that it would require agencies to procure new databases. However, the provisions of this bill would only take effect if an agency were to update or buy a new database.

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

   This bill would strengthen the Open Meetings Law by providing alternate judicial remedies to the courts when any aspect of a meeting is closed in violation of the Open Meetings Law. Specifically, this bill would subject any action or substantial deliberation taken or held in violation of the Open Meetings Law to either a stay or a remand of that action to the public body for reconsideration. This bill would also allow courts to impose a fine of up to five hundred dollars on any public body that violates the Open Meetings Law.

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

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

   This bill would require 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 can 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.

6. Increasing Access to Records
   (A.6532-A, Galef)

   This bill would increase access to records that are required to be disclosed pursuant to the Freedom of Information Law (FOIL) by waiving certain copyright claims. Specifically, this bill would waive copyrights in records that are prepared by agencies and are required to be disclosed pursuant to the Freedom of Information Law (FOIL), except where the record reflects artistic creation or scientific or academic research. Government entities have increasingly copyrighted government documents. For example, a school board has copyrighted a board of education meeting, thereby requiring citizens to request permission to use the public document. This bill will limit such uses of the copyright to preserve access to government documents.

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

7. Access to Public Meetings for the Hearing Impaired
   (A.9349, Wright)

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

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

8. Payment of Court Costs in Freedom of Information Litigation
   (A.9661, Destito)

   This bill would strengthen compliance with the Freedom of Information Law (FOIL) by providing a deterrent to unreasonable delays and denials of access. This bill would require the award of attorney’s fees when agencies are in violation of the law. Specifically such fees would be assessed when an agency has no reasonable basis for denying access; when an agency fails to respond to a request or appeal within the statutory time frame and the person denied access substantially prevails; or when agency fails to respond, and discloses the record prior to the issuance of a judicial decision determining the propriety of the denial of access.

   This bill passed the Assembly, but died in the Senate Investigations and Governmental Operations Committee. In compromise, the Assembly subsequently passed A.11449-A (Destito).

9. Availability of Records
   (A.9771, Markey)

   This bill would increase the transparency of government meetings by making certain records, which are to be the subject of discussion at an open meeting, available to the public upon request at least seventy-two hours prior to such meeting. This bill would also require that copies of such records be available for a reasonable fee.

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

10. Photographing, Broadcasting, and Recording of Open Meetings
    (A.9812, Destito)

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

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

11. Requiring Guidance Documents
    (A.10347, Diaz, R.)

    This bill would improve state agency preparation of subject matter lists of records maintained pursuant to the Freedom of Information Law (FOIL). A recent study found that many agency lists were seriously outdated and that many lists lacked detail or omitted significant categories. This bill would improve the preparation of subject matter lists by requiring the Committee on Open Government to provide guidance on the development and maintenance of such lists.

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

12. Requiring State Entities to Post Information on the Freedom of Information Law
    (A.10348, Diaz, R.)

    This bill would make information regarding the Freedom of Information Law (FOIL) and the Personal Privacy Law more accessible to the public. This bill would improve access by requiring state agencies to post information about how to obtain available records on their websites. Additionally, such posting would be required to be linked to the website of the Department of State’s Committee on Open Government.

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

13. Requiring Online Posting of Subject Matter Lists
    (A.10349, Diaz, R.)

    This bill would improve the public’s access to subject matter lists maintained by agencies. A recent study found that many agency lists were seriously outdated and that many lists lacked detail or omitted significant categories. This bill would require agencies to update information annually and to post such information on agency websites, which would improve access and increase transparency by making it clear when lists are missing or have become outdated.

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

14. Access to Public Meetings for the Hearing Impaired
    (A.11559, Paulin)

    This bill would increase access to public meetings by requiring that interpreters be provided at public hearings and meetings for individuals who are hearing impaired. The services of interpreters for individuals with a hearing impairment are essential if such individuals are to fully participate in public meetings conducted by governmental bodies. By providing access to interpreters, this bill would facilitate participation in hearings and public meetings by individuals who are hearing impaired.

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

1. Proper Disposal of Records Containing Personal Information
   (Chapter 65 of the Laws of 2006/ A. 8456-B, Pheffer)

   This law will protect New York residents from identity theft by requiring businesses to take proper actions when disposing of records containing personal information, including shredding, destroying, or modifying the personal identifying information contained in the record. Identity thefts that result from activities such as dumpster diving have a devastating impact on its victims. This law will help ensure that disposed records containing personal information are not a source of information that such thieves rely upon to commit identity theft.

2. Requiring Registration for Document Destruction Contractors
   (A.11427, Pheffer/Veto Message #351)

   This bill would help to protect consumers from identity theft by requiring businesses that offer document destruction services to register with the Department of State (DOS). Some businesses hire document destruction companies to ensure compliance with a recently implemented federal rule, which requires businesses to take appropriate measures to dispose of sensitive information derived from consumer reports. This bill would ensure the legitimacy of those companies by requiring them to register with the State of New York. The Governor vetoed this bill on the ground that although the Department of State (DOS) would be the agency with which document destruction contractors would have to register, DOS would not be authorized to inspect, investigate and administratively enforce the provisions of the bill against document destruction contractors.

3. Prohibiting the Unnecessary Filing of Personal Identifying Information
   (A.7670-D, Pheffer)

   This bill would protect New York State residents from identity theft by prohibiting businesses from filing personal identifying information with an agency if such personal identifying information is not required to be filed by state or federal law. Public records such as mortgage or judgment documents often contain personal identifying information that is not required by statute, and these documents are available to the public, which creates an opportunity for identity theft. By prohibiting businesses from filing unnecessary personal identifying information with the State or any state entity, residents are further protected from identity theft.

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

4. Restricting Social Security Number Use by State Agencies
   (A.10074, Destito)

   This bill would help combat identity theft by prohibiting state agencies from using Social Security numbers as a means of employee identification. Identity thieves commit identity theft by obtaining personal identifying information, such as an individual’s Social Security number, and using it to gain access to accounts and to open new accounts and incur debt in the victim's name. By prohibiting state agencies from using Social Security numbers as a means of employee identification the possibility of Social Security number misappropriation would be reduced.

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

5. Redacting Personal Identifying Information from Public Records
   (A.10075-A, Destito)

   This bill would combat the occurrence of identity theft by preventing unauthorized access to personal identifying information by requiring agencies and municipalities to redact such information from a record before the record is made available to the public via the internet. Currently, an identity thief may obtain personal identifying information such as an individual’s Social Security number or banking account numbers by accessing some records posted on the internet by their county clerk. By requiring the redaction of such information, residents of the State would be further protected from having identity thieves harvest their personal information.

   This bill passed the Assembly, but died in the Senate Investigations and Government Operations 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 professional ethics, while others deal with protection for public employees. In many cases these laws are an important demonstration to the public of government’s desire to have an open and ethical system of government.

1. Contracting with Not-For-Profit Organizations
   (Chapter 395 of the Laws of 2006/A.11667-A, Destito)

   This law will correct a technical oversight in the Procurement Lobbying Act by treating contracts between not-for-profit organizations (NFP) and the Unified Court System the same as NFP contracts with the State executive branch.

2. State Agency Contracts for Personal Services
   (A.1259-A, John/Veto Message #322)

   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.

   The Governor vetoed this bill on the ground that "there has been no showing that the use of personal service contracts by state agencies has been improvident."

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

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

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

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

   This bill would reform the record keeping of the Executive Chamber. This bill would require that the executive keep both public and private records during the executive’s term in office. At the end of the term, all such records would be turned over to the state archives, at which point the state archivist would take control of the records and make decisions regarding access to and disposition of those records.

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

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

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

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

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

6. Revolving Door Exemptions
   (A.5871-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 that prevents a state worker from practicing before the agency where he or she was employed. This is intended to open new employment opportunities for those workers who have lost their jobs through no fault of their own.

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

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

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

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

8. Preserving Documentary Materials
   (A.8459, Sweeney)

   This bill would preserve legislative information pertaining to new statutes or vetoes of legislation. Documentary material provides information such as legislative intent of a bill as well as subsequent actions on the bill. Currently, documentary material is not required to be preserved. This bill would require that all such documentary material be submitted both for inclusion in the bill jacket for legislative archive and to the state archives upon veto or passage of the bill.

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

9. Allowing for the Copying of State Ethics Commission Documents
   (A.9207, Destito)

   This bill would provide greater access to government documents. Currently, the public is allowed access to State Ethics Commission and Legislative Ethics Committee documents, but the State Ethics Commission asserts that such documents may not be copied. This bill would clarify the intent of the law and would allow the public to view and copy these documents, thus providing greater public access.

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

10. Strengthening Existing Lobbying and Ethics Laws
    (A.11900-B, Silver)

    This bill would increase public confidence in state and local government by clarifying and strengthening existing lobbying and ethics laws. This bill would prohibit a lobbyist from giving a public official a gift of anything of value. This bill would also increase disclosure by public officials of reimbursement sources, increase financial disclosure requirements for legislative employees, strengthen the provisions of the revolving door ban for certain legislative employees, and require each house of the Legislature and state agencies to annually file a copy of its ethics training plan with the Legislative Ethics Committee or the State Ethics Commission, respectively. Currently, there is sometimes a negative public opinion of state and local government, due to a perceived lack of accountability and openness. By clearly defining and prohibiting gifts from lobbyists, increasing disclosure, strengthening revolving door provisions, and increasing reporting requirements, this bill would enhance transparency and accountability and would increase public confidence in state and local government.

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

1. Displaying the Flag of the United States of America
   (Chapter 583 of the Laws of 2006/A.6809-B, Nolan)

   This law will require state parks with facilities that are developed for public use to display the flag of the United States of America. Currently, there is no law requiring parks within New York State to display the country’s flag. State parks are areas of recreation, and it is appropriate that the state display a flag in each state park commemorating and symbolizing our nation.

2. Distribution of the Community Services Block Grant
   (Chapter 78 of the Laws of 2006/A.9206, Jacobs)

   This law extends the authorization for the Department of State to administer the Community Services Block Grant (CSBG) through the year 2007. 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.

3. Electronic Publication of the State Register
   (Chapter 230 of the Laws of 2006/A.10293-A, McEneny)

   This law will improve access to government actions and encourage public involvement in State government. Currently, a great deal of effort is required for citizens to comment on proposed regulations. This law will enable citizens to have free access to the State Register and to be able to comment on proposed regulations published in the State Register via the internet.

4. Installment Payment Plan for Small Businesses
   (A.10327, Christensen/Veto Message #343)

   This bill would assist small businesses by enabling them to make installment payments for civil penalties owed to state agencies. Currently, small businesses are required to pay civil penalties that are owed to state agencies in one lump sum, which can impose a disproportionate burden on small businesses. Allowing small businesses to use installment payments is one way to alleviate that burden. This measure would ensure that any penalty amount of $2000 or more could be paid in quarterly installments while providing agencies with authority to require financial assurance to ensure the penalty would be paid.

   The Governor vetoed the bill on the ground that the bill failed to provide agencies with appropriate discretion to limit the use of installment payments based on such factors as the cost and administrative burden associated with such payments, as well as the financial needs of the payor and the payor’s progress in addressing the conduct that gave rise to the civil liability.

5. Submitting Materials to Crime Laboratories
   (A.2213, Koon)

   This bill would increase tools available to law enforcement to solve cases by expanding the information entered into the databank to include shell casings and projectiles. This bill would require law enforcement agencies to submit expended projectiles, expended shell casings, and seized or found guns to the state police and to enter them in an automated electronic database and also to submit such material to an American Society of Crime Laboratory Directors (ASCLD) laboratory within thirty days of acquiring the material. Currently, local law enforcement agencies are not required to submit evidence to a centralized crime laboratory. By requiring agencies to do so, this bill would facilitate the exchange of information, which would increase the effectiveness of both the labs and the local law enforcement agencies.

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

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

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

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

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

7. Obtaining Criminal Background Information on In-Home Caregivers
   (A.2817, DiNapoli)

   This bill is would protect vulnerable residents in need of care by expanding the definition of "caregivers" to include individuals caring for senior citizens and individuals who have an illness or disability, which would enable prospective employers to obtain criminal history background information on individuals providing care to senior citizens or individuals with an illness or disability. By extending the opportunity to obtain criminal history background information to individuals hiring in-home caregivers for seniors or persons having an illness or disability, this bill would help ensure the safety of those who are under the supervision of an in-home caregiver.

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

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

   This bill would clarify the role of the Division of Criminal Justice Services (DCJS) in processing information supplied by the FBI by requiring DCJS to provide a criminal history report to prospective employers of caregivers. In 1998, Kieran’s law was enacted in response to the death of ten-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 Finance Committee.

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

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

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

10. Assisting Public Employees Called to Military Service
    (A.7104, Towns)

    This bill would assist public employees called to military service by extending the period of time for which a public employee may receive paid military leave. Currently, public employees receive a total of thirty days of paid leave a year for military service. By increasing the number of days of paid leave afforded to public employees for military service to a total of sixty days, this bill would assist the brave men and women who leave their homes and families to answer the call of duty.

    This bill passed the Assembly, but died in the Senate Veterans, Homeland Security and Military Affairs Committee.

11. Encouraging Employer-Sponsored Health Coverage
    (A.7310, Grannis)

    This bill would encourage businesses to offer health insurance coverage to their employees by granting a preference in the award of state contracts to contractors that provide their employees with employer-sponsored health coverage. A growing number of companies are dropping employer-sponsored health coverage or increasing cost sharing to the point where coverage becomes unaffordable. By creating a preference in the award of state contracts for employers that provide employer-sponsored health coverage, this bill would provide an incentive for those businesses that currently provide coverage to maintain benefits for their employees and provide an incentive for additional companies to follow suit.

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

12. Regulating the Solicitation of Charitable Contributions
    (A.7580, Lentol)

    This bill would help prevent fraudulent solicitations by strengthening regulations relating to the solicitation of charitable contributions on the behalf of firefighter support organizations. This bill would institute a fine for violations of up to $1000 or double the amount the defendant fraudulently collects, whichever is greater, and would provide that the willful failure to file fund raising contracts, closing statements, or other documentation as required by law is a violation. By strengthening regulations and by providing stronger deterrents, this bill would help to protect New Yorkers from fraudulent solicitations.

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

13. Regulating Filing Fees
    (A.11673, Eddington)

    This bill would provide that the Department of State may refund fees if a document is not accepted for filing. Currently, fees for the filing of documents are retained by filing offices even if documents are not accepted for filing.

    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 implement laws. In many cases, regulations issued by state agencies have as much impact on the health, safety, and welfare of citizens as do the laws of the State.

1. Revised Rule Making
   (Chapter 596 of the Laws of 2006/A.9598, Diaz, R.)

   This law will clarify provisions of State Administrative Procedure Act (SAPA). This law will would amend language to change the phrase "comment period" to instead read "rule making period" to clarify that by filing a notice of revised rule making an agency may extend the period within which a rule may be commented on for an additional ninety days.

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

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

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

3. Increasing Public Participation in the Rulemaking Process
   (A.6350, 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.

4. Streamlining Subregulatory Documents
   (A.6635-B, McLaughlin)

   This bill would streamline record keeping and increase access to subregulatory documents. The number and legal relevance of such documents has grown extensively over the last several years, making reliable information difficult to obtain. This bill would set forth definitions and regulations regarding the issuance of subregulatory documents by agencies, which would increase accountability and reduce possible confusion.

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

The Governmental Operations Committee has jurisdiction over much of the Executive Law, including Article 15-A, which regulates participation of Minority- and Women-owned Business Enterprises (MWBEs) in state contracts. The Committee has held a series of joint hearings with the Subcommittee on the Oversight of Minority- and Women-owned Businesses, the Assembly Standing Committee on Corporations, Authorities and Commissions, the Assembly Standing Committee on Small Business, the Puerto Rican and Hispanic Task Force, and the Black, Puerto Rican, Hispanic and Asian Legislative Caucus, and the Legislative Commission on Government Administration across the State on the effectiveness of the MWBE program. To further highlight this issue, the Speaker created the Subcommittee on Oversight of Minority-and Women-Owned Business Enterprises in 2005. This Subcommittee is Chaired by Assemblywoman Crystal D. Peoples and was formed to help ensure proper oversight of the MWBE program.

This year the Committee advanced a package of bills to strengthen and improve Article 15-A. The Committee was successful in enacting the streamlined certification process, the statewide disparity study, and a statewide advocate program into law as part of the State Fiscal Year 2006-07 budget.

1. Establishing an MWBE Implementation Fund
   (A.1622-A, Millman)

   This bill would establish a funding stream to ensure the implementation of provisions of Article 15-A of the Executive Law. This bill would require all state agencies to transfer .01% of all contract amounts to an implementation fund to be created by the State Comptroller. By establishing an MWBE implementation fund, increased business opportunities will be available for MWBEs, making the state contracting dollars go further by creating a more competitive marketplace.

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

2. Increasing Oversight on State Agency Goals
   (A.3471-A, Brodsky)
   

   This bill would increase state oversight of the MWBE program by requiring state agencies to submit an agency goal plan for approval by the Division of Minority and Women’s Business Development in the Department of Economic Development. Agencies would also have to submit quarterly compliance reports regarding such goals. By providing a mechanism for both goal submission and compliance with clear guidelines to facilitate participation, this bill would help to enhance MWBE participation in contracts with the State.

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

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

   This bill would strengthen the provisions of Article 15-A of the Executive Law by prohibiting the use of automatic waivers of requirements to contract with MWBEs, enhancing agency reporting requirements, and requiring the recertification of MWBEs every three years. This bill would ensure greater agency compliance with Article 15-A.

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

4. Posting Agency MWBE Utilization Plans
   (A.9067, Millman)

   This bill would strengthen compliance with Article 15-A by requiring contracting agencies to post utilization plans on their website. Posting the plans, along with waivers granted to contractors exempting them from meeting agency goals, on agency websites would enable subcontractors to verify that good faith efforts are being made to achieve MWBE participation, and to identify and notify agencies about utilization discrepancies. Placing utilization plans on agency websites will promote agency efforts to meet their goals.

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

5. Establishing Mentor-Protégé Programs for Small or Minority-
   and Women-Owned Business Enterprises
   (A.9068, Millman)

   This bill would improve the ability of small businesses and MWBEs to enter into contracts with the State by promoting mentor-protégé relationships between established businesses and small business concerns and certified MWBEs. Similar programs have been implemented federally, by other states, and by two New York public authorities, and all have been very successful in aiding and enhancing the capabilities of MWBEs.

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

6. Streamlining the MWBE Certification Process
   (A.9243-A, Destito)

   This bill would reduce administrative burdens encountered by MWBEs by streamlining the MWBE certification process. At hearings held throughout the State, many MWBE owners identified the complicated and lengthy certification process as a major burden to participating in the MWBE program. This bill would require that the State certification process be streamlined to accept municipal and federal certifications; require the Director to work with municipal corporations that have a municipal MWBE program to develop standards to accept state certification; and provide that all certifications will be valid for a period of three years. In doing so, MWBEs would be able to fill out one certification form, which would save time and reduce administrative work.

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

7. Commissioning a Statewide Disparity Study
   (A.9256-A, Peoples)

   This bill would commission a statewide disparity study regarding the participation of MWBEs in state contracts. Recently, New York City released the findings from its disparity study and found gaping disparities in the award of contracts. Such a statewide study would show if there was a disparity between the number of qualified MWBEs that are ready, willing, and able to perform state contracts for commodities, services, and construction, and the number of MWBEs that are performing such contracts. This bill also would assist in determining if any changes should be made to state policies that impact MWBEs.

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

1. Land Conveyance to the City of Syracuse
   (Chapter 70 of the Laws of 2006/ A.10108-B/ Magnarelli)

   This law authorizes the Office of General Services to sell and convey certain state land in the City of Syracuse to the City of Syracuse for the purpose of providing affordable housing. The property being conveyed will revert back to the State upon the cessation of use to provide affordable housing.

2. Surplus State Personal Property
   (A.147, Destito)

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

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

1. Designating an Official State Bush
   (Chapter 563 of the Laws of 2006/A.2685, Morelle)

   This law will designate the lilac bush, also known as the syringa vulgaris, as the official bush of the State of New York. The lilac bush has been cherished by generations of New Yorkers, and its beauty and fragrance is celebrated annually at the Lilac Festival of Rochester, which is known commonly as the lilac capital of the World. As such it is fitting to designate the lilac bush as the official state bush.

2. Residency Requirements of Municipal Sanitation Workers
   (Chapter 200 of the Laws of 2006/A.9284-A, Destito)

   This law will make technical amendments to Chapter 760 of the Laws of 2005 by providing municipal sanitation employees with residency requirements comparable to those provided to corrections officers and certain parole and health department employees.

3. Residency Requirements of Montgomery County Assistant District Attorneys
   (Chapter 663 of the Laws of 2006/ A.9463-A, Tonko)

   This law will permit a person holding the office of Assistant District Attorney of Montgomery County to reside in Montgomery County or an adjacent county within New York State. By providing greater flexibility regarding the residency of assistant district attorneys, this law will assist Montgomery County in its efforts to fill these positions by expanding the pool of eligible candidates.

4. Residency Requirements of New York City Fire Alarm Dispatchers
   (Chapter 209 of the Laws of 2006/A.9707, Abbate)

   This law will allow fire alarm dispatchers to live outside the confines of the City of New York. This law permits greater flexibility and enables the City to use a larger pool of applicants when filling such positions.

5. Residency Requirements of Members of the Montauk Board of Fire Commissioners
   (Chapter 607 of the Laws of 2006/A.10409-B, Thiele)

   This law will enable an individual to hold the office of member of the Board of Fire Commissioners of the Montauk Fire District provided that such individual resides in the school district in which the fire district is located. This law will provide the Montauk Fire District with a larger pool of applicants elligible for membership to the Board.

6. Designating an Official State Reptile
   (Chapter 523 of the Laws of 2006/A.10844, Dinowitz)

   This law will designate the common snapping turtle, also known as chelydra serpentina, as the official reptile of State of New York. New York is one of the few states that does not have an official state reptile. School children throughout the State participated in a survey in order to determine the most popular reptile, and the results of the survey determined that the common snapping turtle is New York’s most popular reptile. As such, it is fitting to designate the common snapping turtle as the official state reptile.

7. Designating an Official State Marine Fish
   (Chapter 541 of the Laws of 2006/A.11171, Saladino)

   This law will designate the striped bass, also known as morone saxatilis, as the official salt water fish of the State of New York. The striped bass is a hugely popular, highly sought after fish that is native to the Hudson River and the regions surrounding New York City and Long Island. As such, it is fitting to designate the striped bass as the official state marine fish.

8. Land Conveyance to the Town of Irondequoit
   (Chapter 717 of the Laws of 2006/A.11502-A, Morelle)

   This law authorizes the Department of Transportation to transfer and convey land located in the town of Irondequoit to the town of Irondequoit to be used for recreational purposes, as well as to convey and transfer land in the town of Irondequoit to the Overlook Development Corporation in exchange for a parcel of land of equal or greater value. The exchange, transfer, and conveyance of such land will aid in the reconstruction of the 590 interchange in the town of Irondequoit.

9. Providing Funeral or Bereavement Leave
   (A.2839-B, Glick)

   This bill would provide similar benefits to employees in a same-sex committed relationship as are afforded to married employees by extending funeral or bereavement leave upon the death of an employee’s same-sex committed partner or that partner’s family when such leave is offered to married employees. Currently, individuals in same-sex relationships who are prohibited from civil marriage are often not granted bereavement leave to attend the funeral of their partner or partner’s blood relation. By extending funeral or bereavement leave upon the death of an employee’s same-sex committed partner or that partner’s family, this bill would solve an inequity in the law and acknowledge the value that any committed relationship contributes to our communities.

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

10. Establishing a Genetics Advisory Council
    (A.4264-B, Cahill)

    This bill would establish a council to evaluate and advise the Governor and the Legislature regarding issues involving genetic counseling and tests. Currently, state law requires informed consent prior to taking a genetic test, but it does not mandate such counseling. However, to be fully informed, professional counseling is needed. By establishing a council to evaluate issues involving genetic counseling and tests, this bill would allow for more informed decisions and provide much needed information about current applications as well as future implications.

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

11. Updating the Official State Insect Designation
    (A.6247, Calhoun)

    This bill would update the provisions of law relating to the species of the New York State insect. Currently, the New York State insect is the nine-spotted lady beetle, also known as coccinella novemnotata. This bill would update the state insect and change it to the spotted lady bug, known as colemegilla maculate, as the nine-spotted lady beetle is no longer found in New York State.

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

12. Providing for Reimbursement to State Employees in Defense of Certain Proceedings
    (A.8122, Abbate)

    This bill would provide reasonable attorneys’ fees and litigation expenses for state employees in defense of a professional misconduct proceeding. Currently, the Public Officers Law provides certain protections for state employees who are sued civilly or prosecuted criminally due to conduct engaged in during the course of state employment, but no provision exists that provides for similar reimbursement for such expenses for a publicly employed licensed professional who is the subject of a professional disciplinary investigation or prosecution relating to the professional’s state employment. This bill would remedy this inequity by providing the same protections to any state employee licensed, certified, or otherwise authorized to practice law or any of the other legally authorized professions.

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

13. Residency Requirements for Auto Workers
    (A.9706-B, Abbate)

    This bill would ease residency requirements and the cost of living for auto mechanics employed by a city with a population of at least one million by allowing them to live in a county within the State that is contiguous to the city in which they are employed.

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

14. Protecting Environmentally Sensitive Areas
    (A.11625, DiNapoli)

    This bill would help enhance protection of New York’s coastal resources and inland waterways by authorizing the Secretary of State to approve, disapprove, or require modifications to certain projects located in defined environmentally sensitive areas. Currently, the United States Secretary of Commerce can overrule New York’s objection to certain projects. This bill would clarify and enhance the Secretary of State’s authority over major projects and projects located in environmentally sensitive areas in New York’s Coastal Zone, which would result in full delegation and better protection of the State’s coastal resources.

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

1. A Day of Commemoration for Elizabeth Cady Stanton
   (Chapter 23 of the Laws of 2006/A.4452-A, Christensen)

   This law designates November 12th of every year as "Elizabeth Cady Stanton Day," a day of commemoration. This law honors the accomplishments of Elizabeth Cady Stanton. Stanton was a tireless advocate for women’s rights and a driving force behind the Women’s Rights Convention held in Seneca Falls, New York. She devoted much time and effort to providing women with the right to vote. Setting aside a day in commemoration will help to recognize the great impact that she has had on the lives of New York State residents.

2. A Day of Commemoration for Gold Star Mothers Day
   (Chapter 48 of the Laws of 2006/A.4576-A, Carrozza)

   This law designates the last Sunday in September as "Gold Star Mothers’ Day," a day of commemoration. This law honors 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 demonstrates our national pride in their heroic actions.

3. A Day of Commemoration for Rosa Parks
   (Chapter 221 of the Laws of 2006/A. 10026, Towns)

   This law designates February 4th of each year as "Rosa Parks Day," a day of commemoration. Rosa Parks was known as the "mother of the civil rights movement." She was a pioneer in the fight to end segregation who was known for her tremendous dignity and courage in her fight for equality and justice. Setting aside a day in commemoration will help to honor and recognize her accomplishments and leadership.

4. A Day of Commemoration for Coretta Scott King
   (A. 10027, Towns)

   This bill would designate April 27th of each year as "Coretta Scott King Day," a day of commemoration. Coretta Scott King was known as the "first lady of the civil rights movement," and she was a staunch advocate for nonviolent social change. She fought tirelessly to end discrimination. A day set aside in commemoration would help to recognize her accomplishments and leadership.

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

Since September 2005, the Committee has held six hearings on various disaster preparedness and response issues. The Committee held hearings jointly with the Committees on Corporations, Authorities, and Commissions and Cities on September 29, 2005, October 31, 2005, and on July 7, 2006, to review New York City’s emergency evacuation plan. As a direct result of these hearings, the New York City Office of Emergency Management updated their emergency evacuation plan to include enhanced public outreach and include vulnerable populations (e.g., nursing homes) in the evacuation plan.

On December 15, 2005, and on March 9, 2006, the Committee participated in joint hearings with the Committee on Local Governments on State Disaster Preparedness. State and local officials, as well as private industry and consumer groups, participated in the hearings to discuss disaster planning and response. As a direct result of these hearings, $5.7 million dollars was allocated in the State fiscal year 2006-07 budget for counties to use in formulating county disaster preparedness plans.

As a result of all these hearings, the Assembly passed a package of bills that would strengthen the State’s disaster preparedness efforts. See section II of this report for more information on the package of bills.

Dam Safety

On February 9, 2006, the Committee on Governmental Operations and the Committee on Environmental Conservation held a joint hearing on Dam Safety to solicit information to assist State and local policy makers on how to address concerns regarding New York dams and the safety of New York State residents. Federal, State, New York City, and local officials testified about the responsibility and upkeep of New York State dams. Citizen advocacy groups testified about concerns regarding safety and public awareness.

Reapportionment

The United States Constitution requires that congressional and state legislative district boundaries be redrawn every ten years in a manner reflecting population shifts identified by the Federal census, a process referred to as "redistricting and reapportionment." In New York State, the state legislature, pursuant to statute, is responsible for meeting this constitutional requirement.

The Committee on Governmental Operations held joint hearings with the Task Force on Demographic Research and Reapportionment on September 25, 2006, in Utica, on September 26, 2006, in Buffalo, and on October 17, 2006, in New York City to examine if the current process should be retained or altered in order to ensure that a fair and efficient process for creating election districts is in place before the next reapportionment following the 2010 census. Additional hearings on reapportionment will be held in Queens, Westchester, Long Island, and Albany in 2007.

Green Procurement

In 2005, the Governor issued Executive Order (EO) 134, directing state agencies to "procure and use cleaning products that minimize potential impacts on human health and the environment consistent with maintenance of the effectiveness of these products for the protection of public health and safety." Agencies are required to assess and review efforts to comply with EO 134 biennially.

The Committee on Governmental Operations and the Committee on Environmental Conservation held a hearing in Albany on May 11, 2006, to examine state agency compliance with and implementation of EO 134, as well as to receive comment on initiatives the State should pursue in order to establish a safe and sustainable procurement policy.

Budget Implementation Hearings

One of the responsibilities of each Assembly Standing Committee is to examine the impact of the State Budget on programs within its jurisdiction. The hearings are useful to assess the implementation of policy and to plan for the upcoming budget cycle.

On August 22, 2006, the Committee held a joint hearing with the Committee on Local Governments to review the budget of the Department of State. The Committees received testimony from the Department of State, New York State Association of Fire Chiefs, and the Association of Fire Districts of the State of New York.

The Committee will continue to focus on improving the implementation of the MWBE program and will continue its efforts to strengthen the State’s disaster preparedness and response protocols.

The Committee will also continue its work to strengthen the public’s right to know and maintain transparency of government actions by being active participants in government reform discussions.