ALBANY — Citing weak committees, absence of debate or dissent, and frequent lack of sound fiscal analysis of legislation in 2006 and 2007, a study released Monday concluded that New York state’s legislative process “remains broken.”
The nonpartisan Brennan Center for Justice at the New York University School of Law said the state Legislature failed to measure up to lawmakers in California, Connecticut and Congress for openness and the process of government.
Instead, New York’s Senate and Assembly leaders “maintained a stranglehold on the flow of legislation at all stages of the legislative process.”
The center famously tagged New York’s Legislature the most dysfunctional state legislative body in the nation in 2004. Lawrence Norden, counsel of the Brennan Center’s Democracy Program and co-author of the study released Monday, said some legislative rule changes followed their 2006 report, but fundamental problems persist.
Standing committees in both chambers advanced little original legislation, held almost no debates and few hearings, and approved overwhelmingly the measures allowed by their respective house’s leadership, the report said.
It urged giving committee chairs instead of house leadership exclusive authority to control their staffs and budgets and advocated a rule enabling one-fourth of any panel’s members to agree to meet.
“The large number of unanimous votes on bills over the past decade is evidence of the role of committee chairs in enacting the will of the leadership,” the report said. “The lack of dissent on the floor is yet another sign of control by the leadership, who will not bring controversial measures to the floor if they think they will be defeated.”
Dan Weiller, spokesman for Democratic Assembly Speaker Sheldon Silver, said the report was “disappointing,” misrepresenting the “substantive reforms” the Assembly has made, including a transparent budget process through Assembly-Senate conference committees, ending “empty seat” voting, requiring each standing committee to meet at least monthly with sanctions for unexcused absences, and creating a subcommittee structure for lawmakers to have a greater role in analysis and debate.
Weiller said the report also ignores debate over the state budget, the many fiscal reports by the Ways and Means Committee, as well as bills unsigned by the governor, like legalizing gay marriage, which was debated and passed in the Assembly.
The report noted some differences between the two houses, like 82 percent unanimous Assembly committee votes on major legislation, compared with 91 percent in the Senate. And while finding both house’s Web sites were poorly organized with limited information, it said the Assembly posted more, including notices of public hearings and sporadic reports.
Senate Democrats, who have previously supported structural reforms, now have a 32-30 majority in the Senate. “We’re hoping the Senate Democrats will deliver on their promise,” Norden said. Meanwhile the Assembly’s Democratic leadership, with its large longstanding majority, has “indicated interest,” he said.
Austin Shafran, spokesman for Senate Democratic leader Malcolm Smith, said Monday the Democratic conference “is fully committed to enacting both immediate and long-term rules reform that will begin to make the legislative process more open, accountable and inclusive.”
If the Democratic conference makes amends with three restive senators, a Democratic Senate majority could be in place this week after decades of Republican control.
Scott Rief, spokesman for the Senate Republicans, said Republican leader Sen. Dean Skelos has been outspoken about both the need to reduce property taxes “as well as the importance of achieving passage of additional reforms that will empower rank-and-file lawmakers and make the Legislature more accountable.” He said they will review the Brennan Center’s recommendations.
Blair Horner, of the New York Public Interest Research Group, said reforms that ensure more rights for lawmakers in the minority might be especially attractive when there’s a narrow split and measure of bipartisan control.
The legislative process works ideally when a lawmaker identifies an issue, drafts a bill, and it’s subject to public hearings in committee, where its merits and faults are examined and expert critics are heard, followed by revisions, the report said. “Almost all aspects of this ideal process are inadequate or lacking in the New York State Legislature.”
The report also faulted the lack of reports on the fiscal impact of legislation.
E.J. McMahon, director of the fiscally conservative Empire Center for New York State Policy, said government transparency makes it possible for taxpayers to hold their lawmakers accountable for the costs and consequences of their actions, but the Legislature’s current practices make that difficult and at times impossible. “Legislators are not even aware of the costs and consequences of their actions,” he said.
Instead, New York’s Senate and Assembly leaders “maintained a stranglehold on the flow of legislation at all stages of the legislative process.”
The center famously tagged New York’s Legislature the most dysfunctional state legislative body in the nation in 2004. Lawrence Norden, counsel of the Brennan Center’s Democracy Program and co-author of the study released Monday, said some legislative rule changes followed their 2006 report, but fundamental problems persist.
Standing committees in both chambers advanced little original legislation, held almost no debates and few hearings, and approved overwhelmingly the measures allowed by their respective house’s leadership, the report said.
It urged giving committee chairs instead of house leadership exclusive authority to control their staffs and budgets and advocated a rule enabling one-fourth of any panel’s members to agree to meet.
“The large number of unanimous votes on bills over the past decade is evidence of the role of committee chairs in enacting the will of the leadership,” the report said. “The lack of dissent on the floor is yet another sign of control by the leadership, who will not bring controversial measures to the floor if they think they will be defeated.”
Dan Weiller, spokesman for Democratic Assembly Speaker Sheldon Silver, said the report was “disappointing,” misrepresenting the “substantive reforms” the Assembly has made, including a transparent budget process through Assembly-Senate conference committees, ending “empty seat” voting, requiring each standing committee to meet at least monthly with sanctions for unexcused absences, and creating a subcommittee structure for lawmakers to have a greater role in analysis and debate.
Weiller said the report also ignores debate over the state budget, the many fiscal reports by the Ways and Means Committee, as well as bills unsigned by the governor, like legalizing gay marriage, which was debated and passed in the Assembly.
The report noted some differences between the two houses, like 82 percent unanimous Assembly committee votes on major legislation, compared with 91 percent in the Senate. And while finding both house’s Web sites were poorly organized with limited information, it said the Assembly posted more, including notices of public hearings and sporadic reports.
Senate Democrats, who have previously supported structural reforms, now have a 32-30 majority in the Senate. “We’re hoping the Senate Democrats will deliver on their promise,” Norden said. Meanwhile the Assembly’s Democratic leadership, with its large longstanding majority, has “indicated interest,” he said.
Austin Shafran, spokesman for Senate Democratic leader Malcolm Smith, said Monday the Democratic conference “is fully committed to enacting both immediate and long-term rules reform that will begin to make the legislative process more open, accountable and inclusive.”
If the Democratic conference makes amends with three restive senators, a Democratic Senate majority could be in place this week after decades of Republican control.
Scott Rief, spokesman for the Senate Republicans, said Republican leader Sen. Dean Skelos has been outspoken about both the need to reduce property taxes “as well as the importance of achieving passage of additional reforms that will empower rank-and-file lawmakers and make the Legislature more accountable.” He said they will review the Brennan Center’s recommendations.
Blair Horner, of the New York Public Interest Research Group, said reforms that ensure more rights for lawmakers in the minority might be especially attractive when there’s a narrow split and measure of bipartisan control.
The legislative process works ideally when a lawmaker identifies an issue, drafts a bill, and it’s subject to public hearings in committee, where its merits and faults are examined and expert critics are heard, followed by revisions, the report said. “Almost all aspects of this ideal process are inadequate or lacking in the New York State Legislature.”
The report also faulted the lack of reports on the fiscal impact of legislation.
E.J. McMahon, director of the fiscally conservative Empire Center for New York State Policy, said government transparency makes it possible for taxpayers to hold their lawmakers accountable for the costs and consequences of their actions, but the Legislature’s current practices make that difficult and at times impossible. “Legislators are not even aware of the costs and consequences of their actions,” he said.
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