NEW YORK STATE ASSEMBLY

1997 ANNUAL REPORT

Committee on
Governmental Operations

Sheldon Silver
Speaker

Thomas P. DiNapoli
Chair



Thomas P. DiNapoli
Assemblyman 16th District
THE ASSEMBLY
STATE OF NEW YORK
ALBANY

CHAIR
Standing Committee on Governmental Operations
CHAIR
Task Force on Long Island Sound
CO-CHAIR
Legislative Commission on Water Resource Needs of New York and Long Island
COMMITTEES
Ways & Means
Education
Environmental Conservation
Veterans Affairs



December 15, 1997

The Honorable Sheldon Silver
Speaker of the Assembly
State Capitol, Room 346
Albany, New York 12248

Dear Speaker Silver:

It is my pleasure to transmit to you the 1997 Annual Report of the Standing Committee on Governmental Operations.

The Committee had a number of significant accomplishments this year. New laws were enacted incorporating explicit protections for disabled individuals pursuant to the federal Americans with Disabilities Act and allowing complainants to bring cases in State court in the event that administrative filings with the Division of Human Rights are untimely or annulled.

Other legislation signed this year reflects the Committee's varied mandate, including laws requiring the State Fire Prevention and Building Code Council to promulgate fire safety regulations for bed and breakfast dwellings, extending the use of credit cards for payment of fees and fines owed to the Department of State and exempting parent teacher associations from burdensome charitable registration filings.

In 1997, the Committee continued its role as the Legislature's advocate for human rights, working to fight discrimination based on sexual orientation and to provide parity with Federal law in the area of housing discrimination against families with children.

The agenda for 1998 will continue the Committee's focus on crime victims' rights and empowerment. By maintaining a dialogue with victims' advocates and service providers as well as the Crime Victims Board, the Committee will work toward improving the State's responsiveness to crime victims.

This past year has been a productive one, but much still remains to be done. I look forward to meeting the challenges ahead in the 1998 Legislative Session.

As always, the Committee and I appreciate your continued support of these important and challenging issues.

Sincerely,

Thomas P. DiNapoli, Chairman
Assembly Committee on
Governmental Operations

MEMBERS OF THE NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON GOVERNMENTAL OPERATIONS
Thomas P. DiNapoli, Chairman

MAJORITY

Nettie Mayersohn
Susan John
Sandra R. Galef
Gregory W. Meeks
Jeffrey Dinowitz
Scott Stringer
Ruben Diaz

MINORITY

James Bacalles,
Ranking Minority Member
Jay J. Dinga



  COMMITTEE STAFF

Deborah VanAmerongen, Legislative Coordinator
Mark Casellini, Senior Analyst
Mike Gianaris, Counsel
Geri D'Onofrio, Committee Clerk
Linda Camoin, Committee Assistant
Anita Ross, Program and Counsel Secretary


TABLE OF CONTENTS

I. INTRODUCTION
II. CRIME VICTIMS
III. DIVISION OF HUMAN RIGHTS
IV. FREEDOM OF INFORMATION LAW
V. GOVERNMENTAL REFORM AND ADMINISTRATION
VI. REGULATORY REFORM
VII. LEGISLATION AFFECTING PERSONS WITH DISABILITIES
VIII. FIRE AND SAFETY
IX. MISCELLANEOUS
X. CONSIDERATIONS FOR THE 1998 LEGISLATIVE SESSION
  APPENDIX A - 1997 SUMMARY SHEET
  APPENDIX B - CHAPTERS OF 1997
  APPENDIX C- VETOES OF 1997

I. INTRODUCTION

The Governmental Operations Committee's jurisdiction encompasses a broad spectrum of legislative issues. Included in the Committee's subject areas are: governmental reform, crime victims, criminal justice, human rights, cable television, the State militia, the rights of the physically challenged, procurement, Indian affairs, oversight of the Freedom of Information and Open Meetings Laws, fire safety, public lands and buildings, and the organization and operation of the executive and legislative branches of State government. The Committee also acts on legislation referred to it by the Assembly Ethics and Guidance Committee, the Administrative Regulation Review Commission, and the Legislative Commission on Government Administration.


II. CRIME VICTIMS

The Governmental Operations Committee has oversight of 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. A legislative package developed by the Committee sought to generally improve the responsiveness to crime victims in all aspects of the criminal justice system, in addition to restructuring and improving the Board.

A. DOCUMENTATION OF ELIGIBILITY FOR COMPENSATION
(A.60, Feldman)

This bill would authorize the Crime Victims Board to accept other official documents in lieu of police reports for documentation of eligibility for compensation for rape or sexual assault.

Studies show that many victims need time to deal with the effects of a sexual assault and are not emotionally ready to go to the police immediately after a crime has been committed. Failing to file a police report should not be a bar to compensation. New York State is not precluded under federal law or regulation from changing the eligibility criteria. A broader version of this bill was vetoed in 1995. This bill passed the Assembly, but died in the Senate Rules Committee.

B. VICTIM NOTIFICATION PROCEDURE
(A.6133, Sidikman)

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

C. ACCELERATION OF CLAIMS DISPOSITION
(A.7568, DiNapoli)

This bill would require the Secretary of the Crime Victims Board to conduct an investigation to determine whether a claimant is eligible to receive an award. By providing a better initial review of claims most eligible cases would ultimately receive a quicker disposition.

The current method of investigating claims has led to a backlog of unresolved cases. In addition, under the current system, some claimants have had to wait up to a year only to be told that they are ineligible to receive an award. This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

D. SON OF SAM LAW AMENDMENT
(A.7566, DiNapoli)

This bill would establish a civil penalty of up to $25,000, plus up to 25% of the amount of any contract which exceeds $25,000, for failure by a firm or corporation to give written notice to the Crime Victims Board when entering into a contract with a convicted criminal. While current law requires that any payment that could be considered as a "profit from a crime" must be reported to the Board, there is no penalty provision when this notification is not provided. This lack of a penalty has made enforcement of the law extremely difficult. This bill passed the Assembly, but died in the Senate Rules Committee.

E. VICTIMS ASSISTANCE EDUCATION PROGRAM
(A.1064, Sidikman)

This bill would establish a victims assistance education program to be developed by the Crime Victims Board and the Division of Criminal Justice Services. This bill was drafted in response to interviews and testimony obtained from crime victims and crime victims advocates which identified a lack of sensitivity by the Board and its staff in fulfilling its legislative mandate.

Attendance at these educational programs would be mandatory for members and staff of the Crime Victims Board and would also be developed for use by police, sheriffs, administrative law judges, district attorneys officers, and providers of victims services. This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

F. ADMINISTRATIVE PROCEDURE FOR DETERMINATION OF CLAIMS
(A.5210, Meeks)

Crime victims have indicated that decisions denying compensation claims awards handed down by the Crime Victims Board do not contain an explanation of the reasoning behind the decision. Often, a claimant is uninformed as to why a claim was denied by the Board, thereby provoking an appeal of the decision on that basis.

This bill would require that all determinations of claims made by the Crime Victims Board be rendered in accordance with the State Administrative Procedure Act; which includes stating the reason for the determination. Additionally, Board members would be required to include the reason for departing from precedent in deciding claims. This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

G. CRIME VICTIMS ADVISORY COUNCIL
(A.4072, Wright)

While current law directs the Crime Victims Board to establish an advisory council, the statute does not specify its structure and organization. In order to ensure that the advisory council is able to better represent the needs and concerns of crime victims, this bill would add greater specificity to the statute.

The bill would require that the advisory council consist of at least nine members: four crime victims, two from advocacy groups, one from statewide law enforcement, one licensed health care provider and one mental health provider. The advisory council would be directed to assist in the establishment of policies, plans, and programs of the Board. This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

H. FINANCIAL DIFFICULTY DETERMINATION
(A.7615, DiNapoli)

When making an award over $5,000 to a qualified victim, the Crime Victims Board must consider a claimant's assets to determine if the victim would suffer "financial difficulty" in the absence of an award. Current statute contains a $100,000 cap on the exemption of a claimant's homestead despite the fact that property values have changed significantly since the law was last amended in 1983.

This bill, by removing the limitation on household exemptions, would allow for fluctuation of property values due to economic factors beyond the homeowner's control, and would offer crime victims more equitable compensation. This bill passed the Assembly, but died in the Senate Rules Committee.

I. THRESHOLD AMOUNT INCREASE
(A.7616, DiNapoli)

Under current law any compensation to a victim which approaches the maximum threshold award of $5,000 must be investigated to determine whether the claimant would suffer financial difficulty in the event the award is not granted.

In 1996, the burial expense award was increased from $2,000 to $6,000. The award increase had the unintended effect of subjecting every family who seeks the maximum burial expense allowance to the financial difficulty test.

By raising the threshold amount from $5,000 to $6,000, this bill would eliminate the extra paperwork and burden to families of victims by creating parity between the burial expense and the threshold for providing compensation without a determination of financial difficulty. This bill passed the Assembly, but died in the Senate Rules Committee.

J. HEALTH CARE PROVIDER
(A.7569, DiNapoli)

This bill would provide representation on the Crime Victims Board by a health care provider.

Historically there has been little or no health care representation on the Board. Since many of the claims filed with the board involve health care issues, due to injuries inflicted on victims, the medical expertise offered by a health care practitioner would prove a major asset to the Board. This bill passed the Assembly, but died in the Senate Crime Victims, Crime and Correction Committee.

K. CHILD VICTIMS OF CRIME
(A.7684, Diaz)

This bill would compensate parents and guardians for lost wages due to the hospitalization of a child victim for injuries sustained as a direct result of a crime.

When a child victim of a crime must be hospitalized for injuries sustained as the result of a crime, the parent or guardian of that child is often required to spend substantial periods of time in the hospital to help care for their child. Often this parental duty overrides work obligations, and the parent loses wages because of periods of absence from work. This loss of earnings only compounds the injury to the family, which has mounting medical bills to pay.

This bill would redress this further injury by offering parents of a child crime victim compensation for their time spent out of work as a result of a child's hospitalization.This bill passed the Assembly, but died in the Senate Rules Committee.


 III. DIVISION OF HUMAN RIGHTS

The State Division of Human Rights is the agency charged with enforcement of the State's human rights law, which protects the citizens of New York from discrimination based on race, gender, martial status, and other legally protected categories.

A. ELECTION OF REMEDIES
(A.7034-A, DiNapoli; Chapter 374 of the Laws of 1997)

Many plaintiffs choose to pursue their discrimination complaints through the Division of Human Rights because they do not necessarily need a lawyer to file their complaint. However, if one files with the Division, one has legally "elected a forum" and cannot subsequently litigate in State court. Unfortunately, the Division's time limitation for bringing a cause of action is one year, whereas the State court's limitation is three years.

If a complainant files with the Division of Human Rights after the one year deadline, the Division cannot pursue the complaint. This would not be the case if the complainant had sued in State court before the three-year limitation. This law permits complainants who have mistakenly filed with the Division of Human Rights after the one year statute of limitations to have a cause of action within State court.

In addition, this law permits the Division to dismiss a case on the grounds that the complainant's election of an administrative remedy is annulled by the Division prior to a public hearing, so that the human rights claim can be pursued in court. A person with a case pending before the Division may not file the same case in court unless the Division dismisses the case for administrative convenience. This law allows the Division to dispose of a case when a complainant desires to move to another forum.

B. ADDITION OF "FAMILIAL STATUS" TO THE LIST OF PROTECTED CLASSES
(A.7025, DiNapoli)

The Division of Human Rights drafted this bill after the federal Housing and Urban Development agency provided comments concerning the Division's efforts to comply with the federal Fair Housing Amendments Act of 1988. Various omissions in State law prevent the Division from being as effective as possible in preventing discrimination in housing, specifically for families with minor children. By adding "familial status" to the list of protected classes, the bill would protect a woman who is pregnant or has a child or is in the process of securing legal custody of a child younger than age 18. This bill passed the Assembly, but died in the Senate Rules Committee.

C. PROHIBITION OF DISCRIMINATION BASED ON SEXUAL ORIENTATION
(A.2826, Sanders)

This bill would prohibit discrimination based on an individual's actual or perceived sexual orientation in education, employment, or public accommodation. Currently, State law provides for equal opportunity regardless of age, race, creed, color, national origin, sex, disability, or marital status, but offers no protection against discrimination based on private relationships. This bill passed the Assembly for the fifth time in 1997, but once again died in the Senate Investigations, Taxation, and Government Operations Committee.

D. ATTORNEY'S FEES FOR PREVAILING PARTY
(A.747, Colman)

This bill would authorize the State Division of Human Rights, or a court, to award reasonable attorney's fees to a prevailing or substantially prevailing party. A prevailing respondent or defendant, in order to recover attorney's fees, would have to first demonstrate that the action or proceeding brought was frivolous. This bill passed the Assembly, but died in the Senate Rules Committee.


IV. FREEDOM OF INFORMATION AND OPEN MEETINGS LAWS

The Freedom of Information Law extends the public's right to know to the process of governmental decision-making by allowing citizens to review documents and statistics that form the bases of governmental decisions and actions. The Open Meetings Law ensures that citizens are fully aware of and can observe the performance of public officials by attending and listening to the deliberations and decisions that go into the making of public policy. Both these laws ensure the government's accountability to the people.

A. PENALTIES FOR UNAUTHORIZED DISCLOSURE OF WARRANTS
(A.438, Katz)

This bill would regulate the public disclosure of information stored in the Statewide computerized registry of orders of protection and family offense warrants by providing criminal penalties for any person who willfully allows the release of any data or information stored in the registry. In addition, a civil fine of up to $5,000 could be imposed for negligent release of this information. This bill passed the Assembly, but died in the Senate Rules Committee.

B. POLYGRAPH RESULTS DISSEMINATION
(A.477, Kaufman)

Presently, polygraph examinees sign blanket waivers which allow for the dissemination of the results, opinions, or information derived from the examination to anyone. This bill would limit the dissemination of any results to those specifically authorized in writing by the examinee. This bill passed the Assembly, but died in the Senate Investigations, Taxation and Government Operations Committee.

C. AVAILABILITY OF RECORDS TO BE DISCUSSED AT OPEN MEETINGS
(A.827, Sanders)

This legislation was recommended by the Committee on Open Government. Many members of the public have notified the Committee that public bodies often discuss particular records at open meetings without distributing or making the records available to the people attending the meeting. The proposed legislation would require that, with certain exceptions, a record that is the subject of a discussion at an open meeting must be made available to the public, upon request, 72 hours before the meeting. The bill passed the Assembly but died in the Senate Investigations, Taxation and Government Operations Committee.

D. ACCOMMODATION OF PUBLIC AT OPEN MEETINGS
(A.1369, Luster)

This bill would amend the Public Officers Law to ensure that public bodies make reasonable efforts to hold public meetings in rooms which can accommodate members of the public who wish to attend. Current law does not address the size of rooms. This bill passed the Assembly, but died in the Senate Investigations, Taxation and Government Operations Committee.


V. GOVERNMENTAL REFORM AND ADMINISTRATION

A. REVOLVING DOOR EXEMPTIONS
(A.5843-A, Canestrari; Chapter 388 of the Laws of 1997)

This law exempts from the two-year bar which prevents a State worker from practicing before the agency where he or she was employed, certain State workers who lost their jobs during the 1997 calendar year as a result of the reduction in the State workforce. This statute is intended to open up new employment opportunities for those workers who have lost their jobs through no fault of their own.

B. PRESERVATION OF EXECUTIVE RECORDS
(A.877, Hoyt)

The bill would reform the procedures regarding the disposition of the records of the governor and the Executive Chamber, and would ensure their availability to the public.

Current law permits considerable discretion by a governor regarding records management. This bill, which is modeled after federal legislation that governs the disposition of presidential papers in the National Archives, would give more discretion to the State Archivist, and would designate the State Archives as the repository for Executive Chamber records of enduring value. This bill passed the Assembly, but died in the Senate Finance Committee.

C. STREAMLINING OF REPORTING REQUIREMENTS
(A.4479-A, Genovesi)

This bill is the result of a comprehensive survey, conducted by the Committee on Oversight, Analysis and Investigation, to determine the effectiveness of agency reporting requirements.

Reporting requirements are an effective tool by which the Legislature can monitor the efficacy of various agencies. Occasionally, reports do not offer all the information necessary for proper evaluation. In addition, although statutory reporting requirements may state that reports are to be distributed to the Legislature, the methods and policies of distribution are not uniform among State agencies.

This proposal aims to streamline agency reporting requirements and provide mandate relief through the elimination of unneeded reports. It would reduce the frequency of 18 reports and strengthen the requirements for six others. This bill would improve the Legislature's access to important information required to make decisions regarding State agencies, their budgets, and their mandates. This bill passed the Assembly, but died in the Senate Rules Committee.

D. CREDIT CARDS FOR DEPARTMENT OF STATE
(A.1094, DiNapoli; Chapter 6 of the Laws of 1997)

This law extends the authorization of the Department of State to accept credit cards for the payment of fees and fines owed to the Department. This authorization was first granted in 1995 and was to have expired this year. This chapter will allow the Department to continue to accept payment by credit cards for an additional two years.

E. BUILDING CODE COUNCIL MEMBERSHIP
(A.7809, DiNapoli; Chapter 243 of the Laws of 1997)

This law adds the Commissioner of the Division of Housing and Community Renewal to the statutory list of State agency officials from among whom the Governor may appoint members of the State Uniform Fire Prevention and Building Code Council. In 1996 all uniform code responsibilities were transferred from the Division of Housing and Community Renewal to the Department of State. However, the DHCR Commissioner was not added to the list of eligible appointees to the Council. DHCR has a continuing interest and expertise in building code issues and thus this technical correction was made.

F. CERTIFIED MAIL FOR BUILDING CODE VIOLATIONS
(A.7811, DiNapoli; Chapter 135 of the Laws of 1997)

This law permits the use of certified mail, in addition to registered mail, for service of an order to remedy a condition in violation of the Uniform Fire Prevention and Building Code. This measure is intended to make building code enforcement more efficient for building code enforcement officers.

G. CONSTRUCTION EMERGENCY CONTRACTS
(A.8164, DiNapoli; Chapter 195 of the Laws of 1997)

This law retains the maximum value limitation of $200,000 for emergency construction contracts authorized to be let by the Commissioner of General Services until June 30, 1999. This value limitation helps to ensure that the construction emergency contracting flexibility is not abused or used to sidestep competitive bidding practices.

In addition, this measure directs the Commissioner of the Office of General Services to undertake a study of emergency contracting. While the current system enables the State to get immediate action to address emergencies, the contract process lags far behind the work performance, causing contractors to wait for months before receiving payment. This law directs the Commissioner to focus the study on contract payment procedures and make recommendations for improving the system.


VI. REGULATORY REFORM

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

A. BED AND BREAKFAST REGULATIONS
(A.5151, Luster; Chapter 98 of the Laws of 1997)

This laws compels the Building Code Council to promulgate standards for fire safety in accordance with prior legislation.

In 1995 the State Uniform Fire Prevention and Building Code was amended to add a provision establishing standards for fire safety in small bed and breakfast dwellings. Despite the 1995 chapter, no action was taken by the Code Council toward promulgation of the specified regulations. This measure ensures that the Building Code Council will act on these regulations in an expeditious manner.


VII. LEGISLATION AFFECTING PERSONS WITH DISABILITIES

A. CLARIFICATION OF PROTECTION AGAINST DISCRIMINATION ON THE BASIS OF DISABILITY
(A.8265, Glick; Chapter 269 of the Laws of 1997)

This law clearly reiterates the rights of disabled people under the State human rights law, and is consistent with federal requirements under the Americans with Disabilities Act of 1990. The measure specifies the obligation of public entities to take reasonable actions to guarantee equal access for people with disabilities to services, programs, and activities. Furthermore, it clarifies that the rights of people with disabilities extend beyond employment and use of facilities to also include access to services, programs, and activities.

This law makes it unlawful to refuse to make "reasonable accommodations", defined as "actions which permit an employee, prospective employee, or member with a disability to perform in a reasonable manner the activities involved in a job or occupation sought or held, unless the provision of accommodations can be demonstrated to impose an undue hardship on the operation of an employer's, licensing agency's, or labor organization's business, program, or enterprise." The statute also makes it unlawful for any public entity to refuse to make reasonable accommodations for or to exclude a person with a disability who meets essential eligibility requirements from participation in services, programs, or activities solely because of his or her disability.

B. INCLUSION OF "PERSONS WITH DISABILITIES" AS A PROTECTED CATEGORY
(A.2827, Sanders)

Legal sanctions against discrimination are necessary to ensure that all people enjoy the same privileges and opportunities in society. This legislation would add disability, as defined in the Executive Law, to existing provisions regarding discrimination on the basis of race, creed, national origin and sex. This bill passed the Assembly, but died in the Senate Rules Committee.

C. INTERPRETERS FOR DEAF INDIVIDUALS AT PUBLIC HEARINGS
(A.3108, Glick)

This bill would require that interpreters for the deaf be made available at public hearings under certain circumstances.

The services of interpreters for the deaf are essential if hearing impaired individuals are to fully participate in public hearings and meetings conducted by governmental bodies. Upon a written request submitted within a reasonable time prior to a public meeting, a public body would be required to obtain the services of a qualified interpreter. This bill passed the Assembly, but died in the Senate Rules Committee.


VIII. FIRE AND SAFETY

The Governmental Operations Committee considers legislation concerning the three entities charged with the delivery of emergency services in the State. These agencies are the Office of Fire Prevention and Control in the Department of State, the Bureau of Emergency Services in the Department of Health, and the State Emergency Management Office within the Division of Military and Naval Affairs. In addition, the Committee's jurisdiction extends to the New York State Uniform Fire Prevention and Building Code.

A. FIRE SAFE CIGARETTES
(A.3492-A, Grannis)

The careless use of smoking materials is the leading cause of residential fire-related death and injury in the State as well as a major cause of fires in hotels, nursing homes and hospitals. This bill would require the Office of Fire Prevention and Control, in conjunction with the Department of Health, to promulgate fire safety standards for cigarettes sold in New York State.

These standards would ensure that cigarettes, if ignited, would stop burning within a specified period of time if they are not smoked during that period or would otherwise limit the propensity of cigarettes to ignite household furnishings. Were this bill to become law, cigarettes not meeting these standards could not be legally sold, offered for sale, or manufactured in New York State. This bill passed the Assembly, but died in the Senate Finance Committee.

B. TRUSS-TYPE CONSTRUCTION OF COMMERCIAL BUILDINGS
(A.1337, Gromack)

This legislation would protect fire fighters and rescue workers from the collapse of truss-constructed buildings, which are subject to premature collapse during fires, endangering fire fighters and hindering fire-fighting operations.

This bill would require all commercial and industrial structures that utilize truss-type construction to be marked by a sign or symbol in a manner sufficient to warn fire fighters and other emergency operations. This bill passed the Assembly, but died in the Senate Housing, Construction and Community Development Committee.


IX. MISCELLANEOUS

A. GENDER PRICING
(A.4729, Clark)

This bill would prohibit different pricing schemes for similar or like services based solely upon a person's sex. Several studies, including one conducted by the New York City Commissioner of Consumer Affairs, have shown that women are often charged more than men for services by the same service provider where there is no difference in the type, nature or duration of service rendered. This situation has been most frequently documented in cases involving dry cleaning and haircutting.

Consumers injured by a violation would be authorized to bring actions to recover either treble damages or $100, whichever is greater. Attorney's fees would also be awarded to a prevailing plaintiff and the Attorney General would be authorized to make an application for an injunction against the continuance of an alleged violation. In addition, the State Consumer Protection Board would be required to maintain a record of complaints and actions taken regarding price discrimination and to report its activities and statistics in this area annually. This bill passed the Assembly, but died in the Senate Rules Committee.

B. SWIMMING POOL ENCLOSURE LOCKS
(A.888-A, Pillittere; Chapter 636 of the laws of 1997)

The purpose of this law is to prevent children from gaining access to unsupervised swimming pools. A study by the Center for Disease Control in Atlanta found that drowning is the third leading cause of death for children in the 0-4 age range. Harm associated with near-drowning can manifest itself in irreparable damage to toddlers.

This law mandates that swimming pools, already required to have a gate, shall be equipped with child proof locks. These locks must be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade.

C. EXEMPTION FROM CHARITABLE REPORTING REQUIREMENTS
(A.1198, Weisenberg; Chapter 329 of the Laws of 1997)

This law exempts parent teacher associations (PTA's) from registration and reporting requirements applicable to charitable organizations. Since 1989 the Department of Law has required all parent teacher associations in New York State to register as charitable organizations. These associations are made up entirely of volunteers and there have been reports that some of the PTA's were experiencing difficulty getting people to serve in the role of treasurer because of the complexity of the forms and the responsibility that comes with completing them.

D. DISTINGUISHED SERVICE CROSS
(A.1807, Tocci; Chapter 580 of the Laws of 1997)

This law authorizes presentation of the conspicuous service cross to certain persons reported missing in action. Prior to this chapter persons reported as missing in action were excluded from eligibility for this military honor.

E. REGISTRATION OF FUNDRAISERS
(A.1952-A, Parment; Veto 50 of 1997)

This bill would allow fund-raisers and fund-raising counsels who generate a profit of one hundred thousand dollars or less annually to pay a registration fee of two hundred dollars instead of the current fee of eight hundred dollars.

In 1989 New York State raised the registration fee from $200 to $800 a year for all professional fund raisers and fund-raising counsels. This represented a 300 percent increase from one registration year to another. The rationale for this increase was to discourage dishonest fund-raisers who desire only to exploit their clients and the system for their own personal gain. While this action may have helped to accomplish the aforementioned task, it has also driven many small, honest fund-raisers out of business.

While this bill passed both houses and was delivered to the Governor, it was vetoed because funds would necessarily be reduced for enforcement of the laws governing charitable organizations by the Attorney General. In addition the bill was vetoed because it contained "no mechanism to verify profitability of professional fundraisers."

F. CONFIDENTIALITY OF GENETIC TESTS
(A.4511-B, Canestrari; Chapter 645 of the Laws if 1997)

This law corrects the unintended effects of Chapter 497 of the Laws of 1996 which prohibited the testing of DNA samples without the informed consent of the person from whom the sample was taken or that person's authorized representative, with exceptions in certain forensic cases. The statute as written, however, was inadvertently restrictive of certain reasonable research practices.

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

G. MISSING CHILDREN NOTICES IN STATE PRINTING
(A.5716-A, Feldman; Chapter 600 of the Laws of 1997)

This law provides for the utilization of State printings to help locate missing children. Publicity and widespread dissemination of pictures and biographical information of missing children is one technique to raise the level of public awareness of this problem and to seek assistance from the general public in locating and recovering missing children.

This measure requires the Missing and Exploited Children Clearinghouse to prescribe guidelines to enable State agencies and the State Legislature to assist in the location and recovery of missing children. These guidelines relate to the form and manner in which information may be included in written and electronic printings and the procedures by which such materials may be obtained.

H. WATERFRONT REVITALIZATION
(A.6185, Luster; Chapter 646 of the Laws of 1997)

This law enables the Secretary of State to grant financial assistance for waterfront revitalization solely on economic development factors. Prior to this chapter, the Secretary, after consultation regarding economic development factors, was able to grant financial assistance for the purpose of waterfront revitalization to municipalities that are "economically distressed" or "severely economically distressed." Some inequities of distribution of resources have occurred as a result of these classifications, resulting in frustrated efforts to achieve regionalist waterfront revitalization. This amendment to the law provides the Secretary with additional flexibility in determining grants of financial assistance.

I. REAL PROPERTY TAXATION ON ALLEGANY RESERVATION
(A.6973-A, McGee; Chapter 611 of the Laws of 1997)

This law clarifies that leaseholds on lands located in villages on the Allegany Reservation are considered a freehold estate and, thus, are subject to real property taxation.

This measure amends the Indian Law by repealing certain outdated references to clarify the fact that leases for lands located in the villages of Vandalia, Carrolton, Great Valley, Salamanca, West Salamanca, and Red House which are located within the Allegany Reservation are still to be considered a freehold estate and therefore are subject to real property taxation. A recent State Supreme Court decision held that a reference in the Indian Law to an 1875 Congressional Act invalidated the collection of real property taxes in the City of Salamanca. The text of this law removed the reference to the 1875 Act.


X. CONSIDERATIONS FOR THE 1998 LEGISLATIVE SESSION

A. CRIME VICTIMS

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

The Committee will again work to achieve Senate passage of its full legislative package. New legislative initiatives will be explored through outreach to the Chair and members of the Crime Victims Board and its Advisory Council as well as to victims and victims advocates.

Of particular importance will be efforts to improve victim awareness of the existence of the Board and its services and the imposition of a penalty to improve enforcement of the Son of Sam Law. In addition the Committee will explore such issues as improved compensation levels, specifically an essential personal property award increase, and the need to extend loss of earnings/loss of support coverage to parents or guardians of child victims.

B. BUILDING CODE

The Governmental Operations Committee oversees the New York State Uniform Fire Prevention and Building Code Act. Many states have adopted one of various national building codes in the past several years.

The Committee will explore the issue of whether New York State could benefit from the adoption of a national code, or if other remedies or improvements are indicated, by reaching out to stakeholders such as builders, fire and public safety officials, and the insurance industry.

C. DIVISION OF HUMAN RIGHTS

The Committee will continue to work for Senate passage of legislation to certify the Division of Human Rights as a "substantially equivalent" State agency to the federal Department of Housing and Urban Development for the purpose of case reimbursement. This change in the law would make the Division eligible for defrayment of expenses where the two agencies have concurrent jurisdiction.

In addition the Committee will explore responses to the Division's final order issued in an administrative case with the Sachem School District on the issue of pay equity and comparable worth. The text of the Commissioner's final order, in which Sachem's complaint was dismissed, suggested that "legislative action" would need to have been taken for the decision to be rendered in favor of the District.


APPENDIX A
1997 SUMMARY SHEET

Summary of Action on All Bills
Referred to the Committee on

GOVERNMENTAL OPERATIONS

Final Action
Assembly Bills
Senate Bills
Total Bills
Bills Reported With or Without Amendment      
Total in Committee
461 51 512

To Floor; not returning to Committee
To Ways and Means Committee
To Codes Committee
To Rules Committee
To Judiciary Committee

Total

20
37
40
29
1

127

0
0
0
0
0

0

20
37
40
29
1

127

Bills Having Committee Reference Changed

     

To Banks Committee
To Transportation Committee

Total

1
1

2

0
0

0

1
1

2

Senate Bills Substituted or Recalled      

Substituted
Recalled

Total

0
0

0

17
5

22

17
5

22

Bills Never Reported, Held in Committee 327 29 356
Bills Having Enacting Clauses Stricken 5 0 5
Number of Committee Meetings Held 15    

APPENDIX B
CHAPTERS OF 1997

Bill
Number

Sponsor

Chapter
Number

Description

A.888-A Pillittere 636 Requires that gates provided in a swimming pool enclosure shall be securely locked with a key, combination or other child proof lock sufficient to prevent access to such swimming pool through such gate when such swimming pool is not in use or supervised.
A.1094 DiNapoli 6

Extends provisions relating to the payment of fees and other charges by credit card to the Department of State for an additional two years.

A.1198 Weisenberg 329 Exempts parent teacher associations affiliated with an educational institution that is subject to the jurisdiction of the State Education Department from reporting requirements applicable to charitable organizations.
A.1525-A McGee 558 Authorizes land exchange between the State and Pro-Sho Farms in Cattaraugus County.
A.1807 Tocci 580 Authorizes presentation of the conspicuous service cross to certain persons reported missing in action.
A.4255-B

Vitaliano

346 Requires the declaration by the corporation or board of managers of condominium units to include a designation of the Secretary of State as agent to receive service of process.
A.4511-B Canestrari 645 Alters provisions related to genetic testing and the confidentiality of results of such tests and the consent required prior to administering such tests.
A.5151 Luster 98 Requires the State Fire Prevention and Building Code Council to promulgate the fire safety standards for bed and breakfast dwellings, required by subdivision 12 of Section 378 of the Executive Law, within 120 days of the effective date of this act.
A.5716-A Feldman 600 Provides for the utilization of State printings to find missing children by including pertinent details, including pictures, on stationary and other public documents.
A.5843-A Canestrari 388 Extends exemption for certain State workers who lose their jobs between 1995 and 1998 as a result of the reduction in the State workforce from the revolving door provisions of the Public Officers Law; exemption extended until April 1, 1998.

A.6185

Luster

646 Authorizes provision of inland waterway financial assistance to municipalities based solely upon economic development factors.
A.6508 Fessenden 295 Authorizes the County of Chenango to convey certain lands previously dedicated for reforestation purposes.
A.6636 Ortloff 471 Alters the size requirements for maps which may be filed in the Clinton County Clerk's office.
A.6854 DiNapoli 468 Repeals paragraph (s) of Section 404 of the Not-For-Profit Corporation Law relating to prior consent for certificates of incorporation for persons seeking to form a not-for-profit corporation with the purposes of preventing or combating juvenile delinquency, studying or preventing poverty, relieving or reducing unemployment among youth, or promoting or providing for employment of youth.
A.6973-A McGee 611 Relates to the exclusion of certain villages from reservations.
A.7034-A DiNapoli 374 Permits the Division of Human Rights to dismiss a case on the grounds that the complainant's election of an administrative remedy is annulled or untimely, where, prior to a public hearing, a complainant has requested that such Division dismiss the complaint and annul his or her election of remedies so that the claim may be pursued.
A.7809 Rules (DiNapoli) 243 Adds the Commissioner of the DHCR to the list of State agency officials from among whom the Governor may appoint members of the State Uniform Fire Prevention and Building Code Council.
A.7811 Rules (DiNapoli) 135 Permits the use of certified mail for service of an order to remedy a condition in violation of the Uniform Fire Prevention and Building Code.
A.7932 Rules (Harenberg) 478 Authorizes the Commissioner of the Office of General Services to enter into a contract with Touro College Jacob D. Fuchsberg Law Center for the conveyance of certain property.
A.8006 Rules (Millman) 254 Authorizes conveyance of certain lands to the Brooklyn Academy of Music and determines the purchase price.
A.8164 Rules (DiNapoli) 195 Extends provisions relating to value limitation of certain construction contracts authorized to be let by the Commissioner of General Services; authorizes the Commissioner of General Services to conduct a study and to make a report concerning current emergency contract provisions.
A.8265 Rules (Glick) 269 Designates an unlawful discriminatory practice, the refusal of an employer, licensing agency, employment agency or labor organization to provide reasonable accommodations to the known disabilities of an employee, prospective employee or member in connection with a job or occupation sought or held or participation in a training program.
A.8374-A Rules (Lopez) 441 Authorizes the Commissioner of General Services to sell and convey certain lands located in Brooklyn, Kings County to Los Sures Community Development Corporation, for less than fair market value; provides for reversion of title to the property to the State if it is not used for a public purpose, which must be specified in the contract.

  A.8514

Rules 539 Authorizes the Commissioner of General Services (Manning) to sell and convey to the Dutchess County Economic Development Corporation, certain lands located at the Fishkill correctional facility.
A.8653 Rules 503 Modifies the description of the seventh, ninth, tenth, eleventh, twelfth, and fourteenth congressional districts.

 

APPENDIX C
CHAPTERS OF
1997

Bill
Number

Sponsor

Veto
Message

Description
A.1952-A Parment 50

Requires a registration fee of two hundred dollars for fund-raisers who generate a profit of one hundred thousand dollars or less per annum and eight hundred dollars for fund-raisers who generate profits in excess of one hundred thousand dollars per annum.

A.8022 Rules (Klein) 13 Designates the building housing the Bronx Children's Psychiatric Center as the "Dr. E. Richard Feinberg Building".

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