| |
2000 Legislative Program
Following
is The Business Council's 2001 Legislative Program. It identifies priority
issues to be addressed by the Committees and Councils over the coming
year.
**To
view the text of any bill listed below,
click here and enter the bill number.
Issue Areas:
An
Action Agenda
The
Business Council’s action agenda for 2001 addresses key issues
that affect the state’s ability to grow.
Taxes:
We
should cut state taxes for an eighth consecutive year. We recommend
a “single-sales factor” to calculate corporate taxes, and
a “STAR for business” program, among other strategic tax cuts.
Energy:
To rein
in costs and meet demand, the state should site new power plants, accelerate
the repeal of the energy gross receipts tax, and reject higher taxes.
Environment:
We need
a sound strategy to clean and re-use previously developed properties
that were contaminated decades ago. Cleanup standards should reflect
the intended use of the site. Liability reforms should protect parties
that clean contaminated sites, or that are blameless in creating the
contamination. And general state revenues, not special fees imposed
only on business, should be used to refinance the state’s environmental
Superfund.
Brainpower:
Higher
standards and stricter accountability for schools, teachers, and kids
have begun to improve New York’s public schools. New York must
stand firm by these standards — we must not back down from the
progress we’re making.
On the
higher educational level, we recommend that New York State support a
multi-year, multi-hundred million dollar commitment to fund investments
in technology areas with universities in fields that have the greatest
potential for societal and economic benefit to the state and educational
benefit to other institutions, educators and students.
Costs
of creating jobs:
The best
way to get new jobs is to reduce the cost of providing them. Specifically,
the state should reform workers’ compensation, help all small businesses
afford the cost of employees’ health insurance, and enact tort
reforms.
Preserving
our progress:
With our
economy stronger than it has been in years, there’s a temptation
to stop working on the business climate and start looking for expensive
new government programs. But we should reject these ideas — proposals
to impose new health-care mandates on employers, to re-regulate energy
markets, to encourage more lawsuits, or to create new state-government
mechanisms for limiting growth. New York must not revert to the business-hostile
policies that stifled growth in earlier decades.
To see
the complete Action Agenda 2001 for
The Business Council click here.
TAXATION
Board Approved
Tax Reduction Priorities
Support
- Elimination
of the increase in Article 9-A taxation — occurring when jobs
are located in New York-- through adoption of a "single sales
factor" method for apportionment for both the regular tax and
the minimum tax calculations.
- Reduction
of the Highway Use Tax (ton mileage tax) by another 25% of its pre-1998
level and conversion of the remaining tax into a 50% increase in registration
fees for trucks subject to the Highway Use Tax.
- Accelerated
elimination of Section 186-a gross receipts tax on energy services
and of Section 189 (Gas Importation Privilege Tax).
- Extension
of the Investment Tax Credit to leased equipment.
- Modernization
of the real property tax treatment of railroads.
- Creation
of a STAR plan for business.
Corporate Article
9-A Tax
Support
- Reduction
of the Minimum Income Tax to 0%.
- If
current apportionment method remains, then exclusion of Research and
Development and Manufacturing wages from the payroll factor component.
- Elimination
of the add back for indirect non-interest expense attribution related
to subsidiary capital.
- Utilization
of excess credits against other taxes; e.g., reduce up to 50% of sales
& use tax liabilities
- Calculation
of the MCTD Surcharge on the actual tax rates of Articles 9 &
9-A.
Telecommunications
Tax Reductions
Support
- Reduction
of Section 186-e Gross Receipts Tax on telecommunications services,
with the corporate taxpayers eventually electing whether to transfer
from Article 9 to Article 9-a net income taxation, or remaining within
Article 9.
- Removal
of all telecommunications services from taxation under the Gross Earnings
Tax (Section 184).
- Continued
expansion of the Sales and Use Tax exemption on telecommunications
equipment.
Administrative
and Miscellaneous Tax
Support
- Reduction
of petroleum/fuel use taxes.
- Equalization
of the interest rate charged on assessments and refunds and the timing
of interest in accordance with the Unicorp decision.
- Elimination
of the automatic penalty provisions.
- Uncoupling
of the State NOL from Federal NOL cap limit.
- Elimination
of the MCTD Surcharge.
- Encouragement
of the Administration and Legislature to seek a frame-work that would
help alleviate the tax evasion problem with Native American tribes
who sell gasoline, cigarettes, other goods, and services, tax-free
to non-Native Americans.
- Reduction
and conformance of the withholding rate on supplemental wages to highest
effective Article 22 rate instead of the highest rate provided in
withholding tables.
- Expansion
of the definition of Investment Capital.
- Consolidation
of administrative proceedings concerning a business entity with those
concerning the officers and employees of that entity.
- Reduction
of the Alcoholic Beverage Tax twelve cents per liter on liquors with
less than 24% alcohol and thirty cents per liter on liquors with greater
than 24% alcohol.
- Reduction
of the Alcoholic Beverage Tax on beer by twenty-four cents per gallon.
Real
Property Tax
Support
- Adoption
of a Tax Appeals Division as the trial court for Article 7 certiorari
proceedings.
- Establishment
of escrow payments of Article 7 disputed tax liability.
- Permission
for the calling of the assessor for testimony in an Article 7 certiorari
proceeding.
- Increase
of the appeal period from 30 to 60 or 90 days.
- Limitation
of the discrimination between "homestead" and non-"homestead"
rates to 25% and a five-year "grandfather" phase-out for
jurisdictions currently exceeding 25%.
- Permission
for large taxpayers to challenge New York State's Office of Real Property
Services on their issuance of Equalization Rates.
- Establishment
of a STAR program initiative for manufacturing or research & development
facilities.
- Establishment
of a CPI-indexed school district spending cap in conjunction with
STAR program.
- Clarification
that service laterals are not included in Section 102 real property.
Sales
and Use Tax
Support
- Exemption
of recyclable pallets that are leased.
- Exemption
of materials transferred in the rendition of advertising services.
- Exemption
of industrial and commercial use of utilities.
- Exemption
of any portion of integrated hazardous waste removal, treatment, disposition,
transportation, or similar services.
- Exemption
of utilities needed to maintain controlled manufacturing and research
& development environments.
- Exemption
of computers used for purposes beyond manufacturing & design.
- Exemption
of equipment or machinery used to reduce or control pollution from
manufacturing and industrial facilities.
- Exemption
of the "installation, maintenance, or repair" services on
research and development equipment.
- Netting
the overpayment and underpayment of sales and use tax components.
- Extension
of the exemption of taxes on clothing to $500.
- Exemption
of broadcast equipment.
- Exemption
of the reconditioning of tools.
- Acceleration
of the law to repeal the taxation of delivery charges for electricity
and gas.
ENVIRONMENTAL
CONSERVATION
Superfund/Brownfields
- Support
legislation to expedite the remediation of contaminated sites by responsible
parties and/or volunteers. Establish remediation standards for soil
and groundwater based on exposure risks and intended site use; adopt
liability reforms including post-remediation releases for responsible
parties and for "volunteers," CERCLA defenses and exemptions,
and liability exemptions for IDAs; and adopt targeted economic development
incentives for the cleanup and reuse of "brownfield" sites.
- Support
legislation that refinance the state "superfund" using General
Fund resources.
- Oppose
legislation that: fails to provide meaningful reform on cleanup standards
or that imposes unreasonable cleanup standards; creates a statutory
joint and several liability standard; imposes significant new taxes
or fees on business; establishes private sector-funded citizen participation
grants; authorizes the DEC to issue unilateral cleanup orders; increases
penalties; establishes new causes of action for the recovery of costs
or damages related to contaminated sites; or extends the state's "superfund"
program to include additional sites in the absence of significant
program reforms.
Fee Proposals
- Oppose
legislation that would increase the current $45 per ton fee on Title
V air permits.
- Support
legislation that reduce state-imposed fees on services provided by
certified environmental labs used to support administration of the
state's oversight efforts.
- Support
legislation that eliminates the double taxation (through superfund
special assessments) on hazardous wastewater that is treated on-site.
- Support
legislation that exempts environmental services – including pollution
prevention equipment and solid and hazardous waste management and
environmental remediation – from state and local sales tax.
Enforcement
- Explore
legislation to encourage implementation of environmental management
systems, including incentives related to enforcement and penalties,
regulatory oversight, and mandatory reporting.
- Support
legislation that allows waiver (or reduction) of civil penalties in
instances where minor violations are quickly identified, reported
and remediated.
- Support
legislation that provides a limited privilege for voluntary environmental
compliance audits.
- Oppose
legislation to allow taxing units to recover "damages" in
instances where real property tax assessments have been lowered due
to environmental violations.
- Oppose
"citizen suit" legislation.
- Support
legislation requiring that the DEC provide an opportunity for an administrative
hearing on alleged violations before it suspends the review of permit
applications pending before the Department.
- Oppose
legislation that would require public notice of, or allow for public
or municipal input into, draft consent orders, or impose any other
mandates on the consent order process.
Regulatory
Reform
- Support
legislation to encourage "performance based" approaches
to environmental regulation, and that supports "sustainable development."
- Support
funding for DEC efforts to implemented a program for the "electronic"
submission of regulatory data.
- Support
legislation that broaden the Department of Environmental Conservation's
authority to issue general permits.
Small
Business Assistance
- Support
legislation that provides a FOIL exemption for material submitted
to the Environmental Facility Corporation's multimedia compliance
assistance program.
- Support
legislation that requires agencies to adopt small business compliance
guides related to new regulatory initiatives.
- Support
legislation that expands the state Industrial Effectiveness Program
to include small business environmental compliance efforts.
Other
Issues
- Oppose
new restrictions on the safe, lawful use of pesticides, such as mandatory
phase-out of pesticide use, and state-level bans on federally-approved
specific pesticide products.
- Oppose
legislation authorizing municipalities to "take title" to
solid wastes that are left for collection, as a means to circumvent
the U.S. Supreme Court ruling invalidating flow control legislation.
- Oppose
legislation that would impose restrictions on the use of specific
chemicals or compounds in the manufacturing process, or impose content
standards on products or packaging.
- Oppose
mandated multimedia pollution prevention and toxic use reduction planning,
and new material use accounting requirements.
EDUCATION
AND JOB TRAINING
- Maintain
support for the higher standards and graduation requirements as they
are being phased in. Note: The Board of Regents have called for all
students to earn a Regents diploma and have re-defined graduation
requirements. They are being phased in and are in full effect for
those who entered ninth grade in the year 2000.
- Specifically
support the requirement that students ultimately pass five Regents
exams (English Language Arts, Math, Science and two social studies)
in order to receive a high school diploma.
- Support
flexibility in course work content requirements so that students can
achieve the standard and graduation requirements with a career and
technical education concentration should they opt to do so.
- Support
state aid that enables schools to provide extra help to students struggling
to meet the standards in the best way that they see fit; whether that
be by extending the school day and/or school year, providing extra
time or help including in summer school, through professional development
for teachers, or in other ways that the school determines are necessary
to increase student achievement.
- Support
state provision of resources to accelerate the adoption of High Schools
that Work (a data-driven, results-oriented whole school reform model)
in New York State.
- Support
continuous improvement and development of the statewide testing program.
- Continue
to support widespread dissemination of school report cards. Note:
New York State (as of January 1997) produces school report cards on
every public school building in the state. These report cards are
available from local school district offices, and also through the
state education department web site: http://www.nysed.gov
- Support
changes in special education reimbursement methodology to remove any
monetary incentive there may be with regard to the placement or labeling
of students.
- Support
the introduction of market disciplines into the education system through
choice as provided by charter schools. Remove all legal, administrative
and regulatory barriers to choice.
- Support
the use of technology to improve instruction, to offer a wider range
of courses through distance learning, and to streamline administrative
and management functions.
- Support
the elimination of mandates:
- that
experience shows adversely affect the order, safety, and optimal
functioning of schools;
- that
add to the costs of school construction such as the Wicks law;
- that
hamper school governance and contribute to restrictive work rules
that raise costs without improving results and are barriers to
improving student achievement (such as the Triborough).
- Support
increased management flexibility to ensure that schools have high
quality teachers, principals and administrators through pay related
to performance and the reform of tenure, and repeal of the Triborough
provision and any other such impediments to school improvement.
- Support
the creation of an incentive and rewards system for teachers and schools
when substantial increases in student achievement levels have been
gained and/or are sustained.
- Support
the provision of early childhood education programs to all children
from low income families.
- Support
measures that improve equity in the school aid formula. New York State
currently spends more than $28 billion on education — the third
highest amount in the country, yet the wealth and ability of school
districts to support their schools varies widely.
HIGHER
EDUCATION
- Support
a multi-year, multi-hundred dollar commitment to fund investments
in technology with universities and businesses that enter into partnerships
around micro/nanotechnology, photonics and information technology
and genomics and biotechnology.
- Support
removal of the tuition differential for out-of-state students at SUNY
and CUNY to attract high caliber students, to enhance the universities'
prestige, and to bolster New York's potential work force.
- Support
restoration of Bundy Aid and continued improvements and funding enhancements
in the Tuition Assistance Program. Bundy Aid is aid to independent
colleges and universities (which educate 56% of New York's higher
education students) based on degrees granted.
- Support
merit scholarships and any expansion of such scholarships.
JOB
TRAINING
- Support
additional state dollars for incumbent worker training through employer
consortium training programs.
- Support
increased funding for community colleges to provide employer-specific
training to individual employers on a contract course basis.
- Support
individual training vouchers, based on income and circumstances, for
individuals choosing short term non-degree training programs.
- Support
expansion of the EPE (Employment Preparation Education Program) aid
for adults who lack the basic skills needed to be successful in the
job market. Support providing more such basic skills training in the
workplace.
- Support
programs that provide teachers, guidance counselors and other educators
with more information about employer's skill requirements and expectations.
- Support
requiring the state to approve qualified unilateral apprentice programs
even where the employer is a participant in a Joint Apprenticeship
Training Committee.
- Support
year-round youth programing that is focused on helping youth meet
the higher standards and explore career opportunities.
MANUFACTURING
Staff Contact: Ken
Pokalsky
- Support
legislation to adopt a "single sales factor" for assessing
the state's corporate franchise tax. This change will provide a significant
incentive to locate facilities and employees in New York State –
and eliminate a tax "penalty" on New York State businesses
with large in-state facilities and staff.
- Support
superfund reform legislation that adopts use-based cleanup standards
and post-cleanup liability releases, and that refinances the state's
remediation program using General Fund resources (see Environment
Program for more details).
- Support
the development of new electric generating capacity in New York State
that is necessary to assure adequate supplies and to achieve more
competitive markets.
- Oppose
legislative or regulatory efforts to impose new taxes, fees or surcharges
on electric energy, natural gas and petroleum.
- Support
legislation that would increase state investments in technology research
and development by industry, academia and government research institutions,
in order to promote the development of new technologies and businesses
in New York State.
- Support
legislation to reduce the cost of workers' compensation insurance,
including state-imposed assessments used to support the Workers Comp
board and finance "special funds."
- Support
legislation to reform the taxation of railroad property, and to provide
additional state financial assistance, to promote capital investments
needed to assure reliable, competitive freight service in New York
State.
- Support
tort reform legislation that includes: a repeal of "joint and
several" liability, caps non-economic damages; creates a "statute
of repose" to limit the period in which a manufacturer can be
held liable for damages attributable to its product, allows consideration
of plaintiff's negligence, and limits contingency fees.
HEALTH
- Support
funding of regional health initiatives designed to improve quality
of care and access to care while better managing costs. Model programs
include the Niagara Health Quality Coalition, the Rochester Health
Commission and the Capital District Health Care Coalition.
- Support
legislative and regulatory initiatives to make health insurance more
affordable, including:
- Allowing
employers the flexibility to purchase foundation health insurance
which would be free of certain Insurance law mandates;
- Designing
a program that can make affordable health insurance available to
sole proprietors;
- Creating
a health insurance tax credit similar to the Earned Income Tax Credit;
- Involving
chambers of commerce in the selling and marketing of Health New
York and allowing all small businesses access to the program.
- Support
a moratorium on health insurance mandates in an effort to make health
insurance coverage more affordable to the private sector. Support
legislation to provide state workforce cost-benefit analysis of proposed
health insurance mandates prior to their extension to the private
sector.
- Support
initiatives to make greater use of comparative data relating to quality
and cost of the entire health care system, including information on
inpatient, outpatient and individual providers. The Business Council
will be actively involved in the implementation of the Physician Profiling
System created during 2000.
- Support
state and private efforts to identify and intervene in public health
priorities and health outcomes research and information. Support the
quality improvement initiative of the Business Roundtable dubbed the
"Leapfrog Group."
- Support
medical liability tort reform, including a $250,000 cap on non-economic
damages, while opposing attempts to shift an unfair portion of medical
liability costs to the business community. Oppose expansion of liability
to health plans and self-insured funds. Oppose changes to the contingency
fee structure currently in place in the medical malpractice system.
WORKERS'
COMPENSATION
Top Priorities
- Support
amendments to the workers' compensation law which would limit the
payment of benefits in non-scheduled partial impairment cases to a
period no greater than 450 weeks.
- Support
the implementation of reasonable, objective medical guidelines.
- Support
amendments to Sections 240 & 241 of the labor law to create a
comparative negligence standard on third party suits.
Additional
Priorities
- Support
limiting schedule awards to one-half the claimant's total disability
rate for periods that do not represent actual lost time.
- Support
partial reduction in claimant's benefit when the claimant begins to
receive, or becomes eligible for, full Social Security Retirement
benefits.
- Support
amendments to Sections 21 & 47 of the workers' compensation law
that require a preponderance of the evidence to support an award under
this law.
- Support
regulation or legislation which defines "independent contractors"
in a fashion agreeable to the committee.
- Support
prohibiting payment of workers' compensation benefits, similar to
limits found in the disability law, if the employee's injury was sustained
during the perpetration of an illegal act.
- Support
prohibiting payment of workers' compensation benefits when the injury
occurred while someone was under the influence of alcohol or drugs.
- Develop
recommendations to assist the implementation of the IME regulation
in a fair and reasonable manner.
TELECOMMUNICATIONS
Mission
Statement
- Actively
promote regulatory and tax reform to encourage increased investment
and competition in New York's telecommunications and information technology
industries.
Tax Issues
- Support
Legislation that eliminates the Gross Receipts Tax (GRT) - section
186a of Article 9 of the NYS Tax Law applicable to revenues of utilities
subjected to the supervision of the Public Service Commission.
- Support
legislation which encourages increased investment in New York by modernizing
the current sales and use tax exemption (§1115 (12a) of the Tax
Law) for telecommunications central office equipment to reflect current
technology.
- Support
legislation that would accelerate statutory reductions of Section
183 of the tax law which penalizes corporations that pay dividends
on the par value of capital stock in the amount of six percent or
more.
- Support
legislation which would reform Article 9 taxation and reduce the tax
burden on telecommunications customers.
- Property
taxes paid by New York's telecommunications corporations are excessive
when compared to parallel corporations in other states and other corporations
within New York. Given the adverse impact of this disparity on New
York's competitive position, we support appropriate legislation to
ameliorate this unfair burden borne by telecommunications corporation
and their customers to achieve equity and parity with other state's
in the country.
- Support
legislation which immediately removes all telecommunications services
from taxation under gross earnings (§184 of the New York State
Tax Law).
- Support
an investment tax credit to provide companies with a deduction for
leased equipment.
Policy
Issues
- Oppose
legislation that attempts to secure Anti-Joint Bidding legislature.
Supports legislation which provides for "Joint-Bidding."
- Support
legislation which extends the sunset provision for exemption of tariff
filings from the State Administration Procedure Act.
- Oppose
legislation which imposes new special assessments on telecommunications
companies and customers to fund social programs and state agencies.
- Support
legislation that would set a uniform statewide process for municipal
review of the siting and construction of wireless services facilities.
- Oppose
legislation that would allow a municipal corporation to recover damages
caused by acts of nature or similar unforeseen circumstances from
telecommunications, wireless and cable companies.
- Oppose
legislation that would restrict consumer access to "10-10 dial
around" long distance services or require additional disclosure
of such long distance rates by telecommunications and local exchange
carriers.
- Support
legislation that would establish an effective and cost efficient statewide
wireless emergency telecommunications system.
- Oppose
legislation that would regulate service quality standards on telecommunication
corporations.
ENERGY
Mission
Statement
Actively
promote changes to the state's legislative, regulatory and tax structures
to reflect increased competition in New York's energy industry, promote
increased economic development, and expedite the siting of new generation
facilities.
Tax Issues
- Support
legislation that would immediately eliminate Article 9 gross receipts
taxes (§186-a of the New York State Tax Law) and the Natural
Gas Importation Privilege Tax (GIPT) for all business customers (manufacturing
and non-manufacturing).
- Support
legislation that would accelerate the exemption from state sales taxes
on natural gas and electric transportation service for all business
customers.
- Property
taxes paid by New York's energy corporations and generating facilities
are excessive when compared to parallel corporations in other states
and other corporations within New York. Given the adverse impact of
this disparity on New York's competitive position, we support appropriate
legislation to ameliorate this unfair tax burden borne by energy corporations
and their customers to achieve equity and parity with other state's
in the country.
- Support
legislation that would clarify existing law explicitly eliminating
energy companies' service laterals from §102 of the Real Property
Tax Law.
- Support
legislation which eliminates the State's Petroleum Business Tax (PBT).
- Support
the elimination of the PBT on petroleum products used for non-residential
purposes — electricity generation and heating.
- Support
the elimination of the PBT on motor fuels (gasoline and diesel).
- Support
the elimination of the PBT on kerojet fuel.
- Support
the elimination of the annual indexing of the PBT.
- Support
legislation which unifies all petroleum related taxes on motor fuels
into one single excise tax, collectable on a per gallon basis.
- Support
the elimination of special assessments on energy companies for funding
state agencies.
- Oppose
legislation which imposes or increases local gross receipts taxes
on utilities and their customers.
- Support
legislation that would enforce the collection of taxes on motor fuel
sales by Native American nations to non-native Americans.
Policy
Issues
Electricity and
Natural Gas
- Oppose
regulations or legislation that would reduce SO2 or NO X emissions
from electric generating plants to levels that would result in increased
energy costs for consumers. Any proposed emissions standards must
not impose any adverse effects (cost or otherwise) on the business
community, on other users of electricity, or on the economic development
of the state — including the retention and expansion of jobs.
- Oppose
legislation that would allow a municipal corporation to recover damages
for their costs in responding to power outages and other emergencies.
- Support
the Power Authority's efforts to utilize low-cost energy for job creation;
job retention; and job and capital expansion purposes. These allocations
should be utilized for the maximum economic benefit allowable under
current laws.
- Support
legislation which continues allocation of low cost electrical power
available under the state's successful Power for Jobs program.
- Support
initiatives to facilitate the installation of natural gas infrastructure
for economic development purposes.
- Support
legislation that would reimburse energy companies fully for the cost
of relocating, supporting, and protecting facilities in conjunction
with federal, state and/or local government infrastructure project
such as state Department of Transportation projects.
- Oppose
legislation which restricts emissions trading policy.
- Oppose
legislation which imposes system benefits charges (SBC) on electricity
rate payers.
Petroleum
- Oppose
legislation which imposes geographical limitations on the location
of retail gasoline service stations.
- Oppose
legislation that would require the divorcement / divestiture of retail
gasoline stations operated by producers, refiners or distributors
of petroleum products.
- Oppose
legislation which regulates franchise agreements and mandates open
supply for gasoline service stations.
- Oppose
legislation and/or regulations which set state or local gasoline standards
which vary from federal standards.
- Oppose
legislation which would prohibit volume minimums in motor fuel franchise
agreements.
- Oppose
legislation that would permit lessee dealers of gasoline service stations
to alter the service station property.
General
- Oppose
legislation which would require the New York State Public Service
Commission to review the compensation and benefits paid to certain
officers, directors, and high level employees of the companies it
regulates.
- Oppose
legislation which further erodes the statutory protection afforded
to the business records of corporations which are affiliates of public
utility corporations.
- Oppose
efforts to undermine the Public Service Commission's efforts to restructure
New York's electric and gas industries.
- Support
efforts to provide a general exemption from State DOT regulations
restricting the number of hours that may be worked by truck operators
over certain periods of time for utility truck operators involved
in emergency restoration of service duties.
- Support
a statewide policy that is fuel neutral.
ECONOMIC
DEVELOPMENT
Staff Contact:
Ken Pokalsky
- Support
the development and adoption of reasonable land use and development
planning initiatives. Oppose legislation which restricts economic
growth in New York under the guise of promoting "smart growth."
- Support
initiatives, including funding for Homes for Working Families, to
increase supply of affordable housing throughout the state.
- Support
targeted economic development incentives to promote the cleanup and
redevelopment of "brownfield" sites (see Environment program
for more details).
- Support
increased funding for key Empire State Development Corporation programs,
including: Empire State Development Fund, the "Jobs Now"
program, business marketing, the Strategic Training Alliance, Technology
Development Organizations and Empire Zones.
- Support
the expansion of the ITC for telecommunications equipment.
- Support
efforts to reform New York's civil justice system.
LABOR
AND HUMAN RESOURCES
Staff Contact:
Tom Minnick
Employee
Benefits
- Oppose
any government mandated employee benefits, including the use of Unemployment
Insurance funds for paid leave.
- Support
the continued use of Disability Insurance for the funding of temporary
disability benefits. Oppose any diversion of these benefits for other
types of paid leave.
- Support
legislation which makes it easier for business to offer dependent
care program options.
Employment
- Support
the doctrine of "employment at will" and oppose any attempt
to undermine an employer's right to employ and terminate employment.
- Support
legislation which protects an employer's ability to create a drug-
free workplace and excludes current drug and alcohol abuse from protection
under the Human Rights Law.
- Support
legislation which would provide limited liability to employers who
provide in good faith employment reference information.
Human
Rights
- Support
legislation which facilitates employer actions to eliminate sexual
harassment and discourage additional mandates and remedies under the
Human Rights Law.
Labor
Relations
- Oppose
the use of a "union only" workforce in public projects and
continue support of New York's competitive bidding laws.
- Oppose
any attempts to limit an employer's right to operate during a labor
dispute.
Pay Administration
- Support
the concept of "equal pay for equal work" and oppose the
doctrine of comparable worth in both the public and private sectors.
- Oppose
the living wage concept.
Miscellaneous
- Support
a civil mediation process to serve as a first resolution effort prior
to litigation and oppose any limitations to employer or agency Alternative
Dispute Resolution procedures.
- Support
amendments to the Industrial Homework Law that give employers flexibility
to allow workers the ability to work from home.
- Oppose
legislation that mandates studies, policy development and training
in workplace violence prevention.
Regulatory
- Support
regulation recommendations coming from the Governor's Independent
Contractor Task Force.
- Contribute
to the regulations applicable to the state Workforce Investment Act
and the local Workforce Investment Boards.
- Support
regulations which establish standards for the operation and licensing
of professional employer organizations.
- Support
administrative reforms to the workers compensation program.
INSURANCE
- Support
legislation that would require the legislature to provide a fiscal
and medical analysis of all health insurance mandates prior to legislative
consideration.
- Support
legislation to expand insurers ability to access capital markets.
- Support
voluntary market solutions to any perceived insurance market availability
problems, including but not limited to coastal insurance issues.
- Support
tort reform proposals and other reforms to the civil justice system
which would result in a fairer, more balanced system.
- Oppose
proposals to assess interest penalties, court costs, attorney's fees,
or punitive damages in connection with claim settlements.
- Oppose
proposals that would require prejudgment interest in personal injury
actions or that would provide for non-economic damages in wrongful
death cases.
- Oppose
any further prohibition, restrictions or penalty for the use of statistically
valid risk indicators.
- Oppose
broadening the application of the Unfair Claims Settlement Practices
Act, the Unfair Trade Practices Act, and Article 22-A of the General
Business Law.
- Encourage
managed care for all applicable lines while opposing legislation which
impedes the growth of managed care including "any willing provider"
and "unitary pricing" proposals.
- Support
reasonable standards to promote insurance company solvency and oppose
unreasonable restrictions and burdensome reporting requirements on
investment powers of the insurance industry.
- Oppose
unreasonable legislative or regulatory restrictions on the ability
of insurers to re-insure some or all of any risk written.
- Oppose
the use of fines and penalties for specific revenue purposes.
- Oppose
any mandate that integrates health and medical insurance with auto
medical and workers compensation insurance.
Health
& Life
- Support
the continuation of the streamlined process to files rates with the
insurance department.
- Oppose
efforts to broaden the standard of liability and increases in damages
on health plans and providers.
- Oppose
further expansion of mandatory and make-available health insurance
coverage of specific benefits and services.
- Oppose
experimental treatment proposals that do not have appropriate standards.
- Oppose
universal health insurance measures which require employers to either
provide health insurance or pay financial assessments.
- Oppose
further expansion of the requirement to employ community rating/open
enrollment beyond current law and support limited recognition of age
in community rating.
- Support
the adoption of health plans risked based capital standards or increased
reserve requirements.
Property
& Casualty
- Support
changing the assessment base for all Workers Compensation insurance
funds, in order to offset impact of new Financial Accounting Standards
Board (FASB).
- Support
legislation to exempt large commercial risks from rigid rate and form
regulation.
- Oppose
further regulatory or legislative expansion of flex-rating for those
lines that are presently open rated.
- Oppose
legislative and regulatory expansion of dual authority between the
Insurance Department and the Department of Motor Vehicles.
- Oppose
mandated residual market mechanisms to lead liability problems in
order to encourage legislation promoting a lead safe environment.
- Support
voluntary market solutions for coastal homeowners insurance availability
concerns.
- Support
the elimination of section 240 & 241 of the New York State Labor
Law.
FINANCIAL
SERVICES
- Support
the elimination of lender liability for clean-up costs associated
with environmentally hazardous conditions beyond their control.
- Support
passage of legislation that would revise and update Uniform Commercial
Code Articles 3 & 4 in accordance with recommendations made by
the National Conference of Commissioners on Uniform State Laws (NCCUSL)
and the American Law Institute (ALI) in 1990. Such changes would properly
reflect technological changes and modernizations of the financial
services and banking industries. New York now remains one of only
two state's that have not enacted such revisions to Articles 3 &
4.
- Support
prompt legislative approval of other modernizations to the Uniform
Commercial Code as recommended by the NCCUSL and the ALI.
- Support
the preservation of Investment Tax Credits for transactions involving
a stock acquisition of a company.
- Support
legislation requiring that notification be provided to any person
or lienholder having a perfected security interest in a vehicle having
been towed and stored on a garage owners' lot. Such notification would
allow the lienholder to take action and avoid exorbitant storage fees
associated with reclaiming the vehicle.
- Oppose
legislation further restricting the telemarketing of financial services
and products by regulated financial entities.
- Oppose
legislation that expands appraisal requirements.
- Support
the elimination of the mortgage transfer tax on foreclosure.
SMALL
BUSINESS
Fundamental
Changes
- Support
legislation which gives employers greater choice, portability and
flexibility in offering health insurance to employees and oppose any
employer mandated coverage.
- Support
initiatives which clearly defines the term "Independent Contractor."
- Support
comprehensive legislation reforming New York State's costly civil
justice system.
Other
Changes
- Amend
the Workers' Compensation Law to limit the payment of benefits in
permanent partial disability cases to a period not to exceed seven
years, and implement reasonable objective medical guidelines for the
determination of disability awards.
- Support
continued relief relative to energy in New York State for small businesses.
- Support
an impartial and independent administrative hearing process for adversarial
hearings before state agencies.
- Support
electronic commerce, but oppose any mandates on all businesses.
- Support
efforts to create a small business regulatory enforcement fairness
program to create a more cooperative regulatory environment among
state agencies and small businesses.
- Support
changing the opening day for hunting season to a weekend rather than
a week day.
TRANSPORTATION
- Support
elimination of New York State's truck mileage tax provided that the
amount of dedicated highway funding be maintained at or above current
levels to allow for continued transportation infrastructure projects.
- Support
legislation to continue existing levels of Dedicated Highway Trust
Fund. In this regard, dedicated highway user fees must be used only
for the purpose of improving the state's road and bridges and should
be held accountable to the public. As New York's current transportation
infrastructure funding plan is being reviewed and updated, the state
must adopt a forward-looking five year plan that will sufficiently
address needed repairs to its roads and bridges.
- Support
funding parity between road and bridges and mass transit.
- Support
a capital funding program for railway infrastructure projects and
port development.
- Support
legislation that would eliminate the Petroleum Business Tax (PBT).
- Support
a revision of the methodology calculating real property tax assessments
on New York State railway companies to unitary valuation.
- Support
regulations which would adopt reasonable and attainable Corporate
Average Fuel Economy (CAFÉ) standards.
- Support
the position that federal requirements sufficiently provide for the
safe transportation of hazardous materials.
CONTRACT
PROCUREMENT
Mission
Statement:
The Contract
Procurement Committee will support policy, legislation and regulation
which will ensure economic growth and stability within New York State
through open, and equal competition to all interested parties.
Contracting
Out (Privatization)/Competitive Bidding/Preferential Bidding
- Support
legislation which would decrease the incidence of government agencies,
authorities, and prison industries competing with the private sector.
In specific we would oppose the growing trend of those entities to
obtain goods, services, or construction with public dollars.
- Support
legislation which would establish an objective review process which
determines whether a good, service or public work project should be
contracted out or provided by the public entity, including mandated
and preferred source goods and services.
- Support
legislation, regulation and administrative action which would strengthen
the current competitive bidding laws at the state and local levels;
in specific, objective determinations on "best value" service
and technology contracts.
- Support
legislation which would create consistent enforcement of municipal
contracts, similar to the manner in which state contracts are enforced.
- Support
legislation, regulation or administrative action which would institute
an electronic transfer of both contract documents, and of funds for
payment, wherever feasible.
- Oppose
legislation which creates a preference of one class of bidder over
another.
Alternative
Dispute Resolution
- Support
legislation which would establish an independent contract dispute
resolution mechanism which would render decisions in an objective
and expedient manner.
(Legislation should also require that a written explanation of award
to both winner and loser be submitted after award. Allow unsuccessful
bidders to be debriefed, confidentially, as to why their bid was unsuccessful.
This allows a continual learning process for both contracting agency
and bidder.)
Speedy
Award Process (Service and Commodity Contracts)
- Support
legislation which would create a timely process for the award of a
contract using specified deadlines.
- Emergency
construction contracts.
Vendor
Responsibility
- Oppose
legislation which would create a "vendor responsibility"
file and/or establish a pre-qualified bidder's list for commodity
and service contracts.
Other
- Support
Qualification Based selection for design professional services for
all state and local public works projects.
- Support
"Hold Harmless" legislation which would allow contracts
to be paid during budget delays.
OCCUPATIONAL
SAFETY AND HEALTH
- Oppose
legislation that would place restrictions on the use of, or set state-level
equipment standards for, VDT's in the workplace.
- Maintain
a Task Force to work with the New York State Department of Labor to
make the mandatory safety program as fair and sensible as possible.
- Strongly
oppose any effort by the state to develop and implement its own state
OSHA plan.
- Continue
to monitor and provide input into any legislative proposals regulating
Indoor Air Quality in New York State.
- Oppose
legislation that would impose state-level regulations in areas pre-empted
by the federal Occupational Safety and Health Act. For example, oppose
legislation that would mandate that employers provide medical monitoring
services for all employees within broad occupational categories. Support
legislation that would make explicit the Federal pre-emption of the
state's "right-to-know" law with regard to private sector
employers.
- Propose
and support amendments to the state's asbestos abatement law to make
it more risk-based by exempting from regulation those activities and
materials which do not pose a threat of human exposure.
- Continue
to monitor activities of the New York State Occupational Health Clinics
Network and to promote business participation on local OHCN advisory
committees.
BUSINESS
LAW / GENERAL COUNSELS
- Support
comprehensive civil justice reform.
- Support
restructuring the unified court system.
- Support
efforts to streamline corporate filings with the Department of State.
- Oppose
awarding pre-judgment interest in personal injury actions.
- Oppose
awarding damages for emotional loss and mental anguish in wrongful
death actions.
- Support
expansion of the Commercial Division of New York Supreme Court.
CONSTRUCTION
Mission
Statement
"When
New York Builds, New York Grows"
The New York State Construction Industry Council (NYSCIC) supports initiatives
which increase private and public sector construction and construction
related markets. They must increase economic viability . . . jobs
. . . and enhance the overall business environment.
The construction
industry plays a vital role in the economic stability of New York State.
In specific:
- Construction
industry directly employs roughly 300,000 people (nearly 5% of the
private sector work force).
- One
million dollars worth of construction creates 23 jobs.
- Each
dollar spent on construction creates $2.35 in economic activity.
The Council
has recognized the following items as their 2001 priorities:
Safety
and Liability
Create
a fair and equitable civil justice system by:
- Supporting
amendments to Sections 240 and 241 of the Labor Law to clarify the
responsibilities and liabilities of owners, contractors and others
in the construction process.
- Creation
of a statute of repose for engineers, architects and contractors.
Also,
support legislation and regulation which would:
- Promulgate
comprehensive written rules and regulations implementing the Voluntary
Safety Program (established through the 1996 Workers' Comp Reform
Act) which would increase workplace safety by allowing employers with
premiums greater than $5,000/year and safety mods below 1.3 who voluntarily
establish certified safety and loss prevention programs to be eligible
to receive a 5 percent premium credit for up to two years.
- Support
legislation which would allow all industries (including construction)
to be eligible for the Safety Premium Credit program. This program
allows companies to take 5 percent of their investment in new technologies
and apply it as a credit against workers' comp premiums up to 15 percent
of their total premium for three years.
- Support
legislation which would allow safety groups insured through the State
Insurance Fund to be eligible for safety incentive credits.
Workforce
Development and Apprenticeship Training Programs
Encourage
public and public/private endeavors to meet the employment demands of
the industry by preparing our future workforce through workforce development
programs. This would include:
- Establishing
fair and equitable state support of pre-apprentice and trainee programs.
- Requiring
the state approve qualified unilateral apprentice programs even where
the employer is a participant in a Joint Apprenticeship Training Committee.
- Encourage
grant programs administered by private sector grantees.
Infrastructure
Investment
- Encourage
the use of prudent bonding for "hard dollar" construction.
Such bonding should be financed with specific revenue sources not
impacting the State's general fund obligations.
- Ensure
that sufficient capital dollars are invested to maintain a safe, environmentally
sound infrastructure, conducive to economic development.
Regulatory
and Administrative
Support
- The
promulgation of comprehensive rules and regulations implementing the
premium payroll cap that was established by legislation in 1998. Also,
produce a compliance manual for affected employers.
- Require
the Department of Labor to promulgate reasonable and equitable comprehensive
written rules, regulations, and definitions for Section 220 of the
Labor Law.
- Encourage
better definition of sales tax exemptions and when are they applicable.
Also, production of a "how to comply" manual for employers.
- Support
the promulgation of comprehensive written rules, regulations, definitions
for what an "Independent Contractor" is.
Additional
Priorities
Workers'
Compensation
- Support
legislation which would cap the length of time an injured worker can
collect permanent partial disability benefits.
- Support
prohibiting of workers' compensation benefits if an employee is intoxicated
from alcohol and/or an illegal substance, or is in the act of committing
a crime at the time of injury.
- Support
the adoption of objective medical guidelines.
Payment
and Award
- Support
legislation which would require public owners to pay contractors for
delay damages upon documentation that public owners' action led to
damages.
- Ensure
that payments due contractors by public owners be expedited regardless
of untimely budgets and insist that budgetary appropriations be regarded
as promissory. If need be, pursue a legislative fix to the problem
to ensure that contractors are paid for their work.
- Enhance
the process by which payments are made upon the completion of public
works projects. Encouragement of "quick payment" to contractors
through technological advances, i.e. electronic transfer of funds.
- Insist
that the contract processes be expedited upon award.
Competitive
Bidding/Government Competition/Preferential Bidding
- Oppose
the expanded use of state and municipal agencies' staff in the construction
management profession, and in their associated construction trades.
- Maintain,
if not strengthen, the competitive bidding laws by ensuring that procurement
policy not be adversely affected.
- Oppose
legislation which would increase the incidence of unfair competition.
- Oppose
legislation which would create preference through: domicile requirements,
preferred bid lists, licensure requirements, percentage of lowest
bid, or any other mechanism which allows preferential treatment of
one class of bidder over another on public works contracts.
- Oppose
public entities attempting to circumvent the competitive bidding process
through the use of "contracting in" and "force account"
within the construction industry.
- Ensure
that the continued and expanded use of emergency contracts does not
circumvent the competitive bidding process.
- Support
limiting the use of inmates or other taxpayer funded entities on public
works projects, other than for minor maintenance work.
- Support
the selection of private sector architects and engineers on all public
works projects based on Section 136-a of the State Finance law.
Alternative
Dispute Resolution
- Support
legislation which would result in an alternative dispute resolution
process between contractors and public owners that is fair, independent
and timely.
Affirmative
Action
- Support
legislation which would create economic opportunity for minority,
women, (M/WBEs) and small business enterprises (SBEs).
- Support
capital project appropriations which would establish mentoring, training,
and/or revolving loan programs to allow equal access to the construction,
and related trades, of minority, women, and small business entrepreneurs.
- Support
efforts which encourage increased opportunities for participation
of available and competitive minority, women, and small owned business
enterprises in the construction industry.
- Encourage
uniform statewide implementation of Article 15-A, which promotes use
of minority and women-owned business enterprises on public contracts.
Other
Issues
- Support
legislation which would permit mechanic's liens to be filed against
the real property when private improvements are situated on publicly
owned property.
- Oppose
legislation which would require "wrap-up" insurance on public
works projects.
- Oppose
onerous mandates or unnecessary licensing requirements for those involved
in lead abatement.
UNEMPLOYMENT
COMPENSATION
Support
- Use
of the principles of experience rating, necessity, lowest cost to
the economy, and contemporary timing in the design of any revised
funding of the UC Trust Fund.
- Creation
of separate General Accounts for taxable employers, reimbursable government
employers, and reimbursable private employers.
- Increase
of the requalification standards from five times a claimant's benefit
level to ten times.
- Variable
duration of benefits to reflect better a claimant's attachment to
the workforce.
- Strengthening
the seeking work requirement for continued benefit check eligibility.
- Facilitation
of communication of work interruptions to chargeable employers.
- Weekly
communication of benefit charge notices to employers.
CONSUMER
AFFAIRS
- Support
the position that all necessary labeling and packaging requirements
for food, drug and products be done at the federal level.
- Support
the position that all necessary warranty requirements be imposed at
the federal level to ensure nationwide consistency.
- To
ensure nationwide consistency, oppose legislation which amends New
York State's Fair Credit Reporting Act beyond the standards established
by the federal Fair Credit Reporting Act.
- Oppose
legislation which restricts the release or sale of names on consumer
lists.
- Oppose
legislation that allows free speech and petition in certain areas
of private shopping malls.
- Oppose
legislation that would impose additional government mandated restrictions
on the terms of franchise agreements.
STATE
ADMINISTRATIVE PROCEDURES ACT
Staff Contact:
Ken Pokalsky
- Support
legislation that allows the Governor's Office of Regulatory Reform
to extend the time period for revisions and final adoption of regulations
on a case-by-case basis. The current time limit in SAPA discourages
agencies from modifying draft rules based on public comment.
- Support
legislation that requires agencies to consider the relative costs
and benefits of regulatory options as part of their regulatory impact
statements. This will help assure that final rules are efficient as
well as effective in achieving regulatory objectives.
- Support
legislation that extends the existing requirement that agencies "utilize
approaches that will accomplish the objective of the applicable statute
while minimizing any adverse impacts requires . . . on small businesses,"
so that it applies to all regulated entities.
- Support
legislation that gives the "Governor's Office of Regulatory Reform"
statutory authority to assure that agencies comply with the technical
requirements of SAPA, and to review proposed regulations as to their
statutory basis.
- Support
legislation that reestablishes provisions for "minor rulemaking,"
to allow for more timely adoption of rules that conform to federal
or state mandates, and that have minimal impact on the regulated community.
E-COMMERCE
- Advocate
legislation or regulations which will foster the growth of the Internet
and E-commerce including, but not limited to, issues involving:
- Privacy,
use of information technologies, tax policy, amendments to the State
Technology Law, proposed adoption of the Uniform Commercial Code
2B provisions as well as the National Uniform Electronic Transaction
Act.p
GENERAL
- Support
debt reform which reduces the historically-high level of debt financed
by New York State taxpayers.
|
| |
|
|
|
