Assemblyman Steve Labriola hailed Gov. George Pataki for signing legislation requiring prison inmates, like other New Yorkers, to pay a filing fee for actions or proceedings in all state courts.

Labriola said the legislation is modeled after the federal Prisoner Litigation Reform Act (PLRA), which passed Congress in 1995 and led to significant reduction in the number of frivolous inmate lawsuits in federal courts.

"Frivolous lawsuits not only waste taxpayers' dollars, but prevent other important cases from proceeding in a timely manner while at the same time using up the state's judicial resources," said Labriola. "Inmates should not waste our time because they are upset their television set isn't working properly. Inmates lose rights in prison, they do not gain them."

Under the new law, inmates will be required to pay a filing fee of not less than $15 and not more than $50. Inmates will also have to seek other administrative remedies to resolve their grievances before they file a claim in court.

"This legislation simply obligates prisoners to pay a small share of the large burden they place on the court system in New York," said Labriola.

Labriola said there are over 8,000 new inmate lawsuits filed each year, most of which are thrown out of court because they are deemed to be without merit.

Some recent examples of frivolous inmate lawsuits include: an inmate who sued because he had only 36 cable channels instead of the 78 to which he was accustomed; an inmate who sued because he was given a regular comb instead of a hair comb of his choosing; and an inmate who sued anyone who used the number "5" because the inmate considered it a death threat.

Assemblyman Labriola has responded to a report issued by the Federal Environmental Protection Agency's Blue Ribbon Panel, which calls for immediate action to protect water quality, by introducing legislation in the State Assembly.

"This year-long study determined that MTBE, a fuel additive, when released into the environment via spills and leaking gasoline tanks, travels great distances underground and threatens our underground drinking water supply," said Labriola.

The petroleum industry began using MTBE, methyl tertiary-butyl ether in the late 1970s to replace lead and to boost octane. In 1990, in response to concerns over air pollution, Congress amended the Clean Air Act to require the use of fuels which add oxygen to gasoline. MTBE is the most widely used oxygenate and the one embraced by most oil companies.

"The irony here is that the EPA and the Clean Air Act compelled the petroleum industry to use MTBE to reduce air pollution, but inadvertently created a serious threat to our drinking water," said Labriola.

MTBE has a chemical attraction to water molecules. It is more than 30 times more soluble in water than other toxic compounds of gasoline. MTBE does not really bind to soil particles and resists natural degradation. It is these qualities that allow MTBE to travel easily and quickly into underground water supplies.

"The time has come for New York State to put an end to the use of MTBE in gasoline. Today, I am pleased to announce legislation that will call for the elimination of this additive in addition to remediation and an early detection, monitoring program for water suppliers," Labriola added.

Furthermore, Congressman Peter King (R-Seaford) has offered his support by co-sponsoring federal legislation that will prohibit the use of MTBE as a fuel additive. "It is not enough for the states to just ban this additive. The federal government must step in and call for the elimination of this chemical as a fuel additive," said King.

"Working in conjunction with Congressman King will only further enhance our ability to find a better, safer way to clean our air while preserving our drinking water supply," said Labriola.

He added, "There is no question that MTBE is polluting water supplies across the country. Although we still are not fully aware of the potential dangers of drinking water tainted with MTBE, we can never be too cautious where public health is concerned. By eliminating MTBE, we can prevent the further spread of MTBE to other sources of drinking water."