Report: four years later, Albany still dysfunctional

ALBANY — Four years after it first recommended legislative reforms, a New York City think tank reports that the state Legislature remains largely dysfunctional.

In a report issued Monday, the Brennan Center for Justice concludes, after analyzing the Legislature's activities in 2006 and 2007, that the state's legislative process is "broken," and that previously identified problems "remain endemic in both chambers."

"While the world of legislative rules may seem arcane, our capitol's dysfunction has received unprecedented attention over the period covered in this report," the report said. "For far too long, the leadership has failed to enact the changes necessary to remake the Senate and the Assembly."

During the period covered by the report, the Brennan Center said most of the standing committees in both legislative chambers "met infrequently or not at all," while "not a single major bill was the subject of a detailed committee report." Legislative leaders kept "near total control" over the flow of bills to the floor, where there was "little substantive debate," and every bill brought to a floor vote in both chambers passed, the report said.

The report, titled "Still Broken: New York State Legislative Reform 2008 Update," recommends these broad changes in how both the Senate and Assembly conduct business:

■ Strengthen standing committees by granting members the authority to convene meetings and by prohibiting absentee voting.

■ End the leadership stranglehold on bills coming to the floor by allowing rank-and-file members to discharge bills from committee and put them on the floor calendar by majority vote.

■ Require adequate fiscal analysis and allowing ample time for full consideration of each bill on the floor before the session's end.

■ Provide sufficient opportunity and resources for full consideration of legislation by making use of robust conference committees and distributing member funds equally.

■ Make all legislative records and products fully transparent and easily accessible via the Internet.

"While the sad tradition is longstanding, a major fix would be easy; change the internal operating rules to end leadership control and open up the process," the report said.

Dan Weiller, spokesman for the Assembly Democratic conference, dismissed the report and listed several rules changes that body has "adopted in recent years."

"The latest report by the Brennan Center is disappointing because it continues to misrepresent the substantive reforms that have been made in the Assembly, misunderstand the basics of the legislative process, and mislead the public as to what measures will actually lead to the formulation of better budgets and laws for all New Yorkers," Mr. Weiller said in a statement.

The report said that rule changes made in 2005 were "a good start (but) by no means transformative," but found "reason to hope that at least one chamber (the Senate) will begin to make the structural changes that could remake the legislature."

But the leadership situation in the Senate remains fluid, potentially complicating any potential rule changes. Although the Democrats in November won 32 seats in the 62-seat chamber, three rogue Democratic senators have thus far refused to support the leadership of Sen. Malcolm A. Smith of Queens. Members of both parties were reportedly courting the group's allegiance, but no results had emerged by Monday evening.

Sen. Smith has pledged to introduce several reforms to the Senate, including more authority for rank-and-file members, improved transparency and a more equitable division of staff and financial resources.

Senate Republicans said they will examine the report's recommendations.

Senate GOP leader Dean G. Skelos, R-Rockville Centre, "has been outspoken regarding 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," said Scott Reif, spokesman for the Senate Republican conference. "We will review the specific recommendations advanced today."

The full Senate will meet Wednesday to select its leaders.