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2000 LEGISLATIVE PROGRAM
January 7, 2000
Following is The Business Council's 2000 Legislative Program. It identifies
legislative, regulatory, and administrative issues to be worked on by
the Committees and Councils during the coming year.
**To view the text of any bill listed below, click
here and enter the bill number.
Issue Areas:
Overview:
Since the mid-1990's tax cuts, employee-benefit reforms and an improved
attitude toward business have helped New York generate an economic recovery.
However, although New York is recovering, it is by no means fully recovered.
The upstate economy in particular lags behind the rest of the state and
the rest of the nation. More policy changes are needed to help New York
narrow its growth gap compared to the rest of the country.
More tax cuts:
- Elimination of the gross receipts tax and reductions and reforms
of other energy taxes.
- Reduction of the highway use tax.
- Reductions of telecommunications taxes.
- Changes to real property tax assessment policy.
Fiscal Restraint:
- Debt reduction.
- Mandate relief, including repeal of wicks.
Workers' Compensation:
- Enactment of objective medical guidelines.
- Cap on permanent partial disability cases.
Workforce Preparedness and Skill Upgrading:
- Strict implementation of New York's tougher educational standards.
- Successful enactment of Jobs 2000, investing in employer specific
worker training and investing in our higher education institutions.
Board Approved Tax Reduction Priorities
Support
- Further reduction of the Gross Receipts Tax and the Petroleum Business
Tax.
- 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.
Corporate Article 9-A Tax
Support
- Preservation of the ITC for transactions involving a stock acquisition
of a company.
- Reduction of the Minimum Income Tax to 2% .
- If current apportionment method remains, then exclusion of Research
and Development and Manufacturing wages from the payroll factor component.
- Ascription of receipts of the securities industry to the address
of the customer.
- 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.
- Creation of an export sales tax credit.
- Creation of a third class of stock, namely No Par Stated Value.
Corporate Article 9 Tax
Support
- Elimination of Section 186-a gross receipts tax on energy services.
- Removal of all energy services from taxation under gross earnings
(Section 186).
- Repeal of Section 189 (Gas Importation Privilege Tax).
- Reduction of petroleum/fuel use taxes.
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
- 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.
- Elimination of the use of special assessments on energy and telecommunications
companies for funding state agencies and provision for funding through
the General Fund.
- Provision for Electronic Funds Transfer and/or credit card payment
of Article 9/9-A taxes.
- 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 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 purchases of materials and services to produce
government required reports.
- Deletion of the mailing and vender purchase requirements in the
application of the promotional exemption.
- Exemption of computer services sales.
- Exemption of the reconditioning of tools.
- Exemption of exhibits stored in business trade shows.
- Taxation of pre-paid calling cards at the point of sale, in lieu
of the point of use.
Oppose
- Creation of a use tax on electricity and gas.
Superfund/Brownfields
- Support legislation to expedite the remediation of contaminated
sites by responsible parties and/or volunteers. Establish remediation
standards 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.
- 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 standards; imposes significant
new taxes or fees on the private sector; establishes private sector-funded
citizen participation grants; authorizes the DEC to issue unilateral
cleanup orders and/or impose “treble damages,” 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
- Reduce state-imposed fees on services provided by environmental labs.
- Exempt wastes that can be managed under federal or state regulations
as "universal wastes" from state special assessments on hazardous waste
disposal.
- Eliminate the double taxation (through superfund special assessments)
on hazardous wastewater that is treated on-site.
- Exempt environmental services - including pollution prevention equipment
and solid and hazardous waste management and environmental remediation
- from state and local sales tax.
Enforcement
- Authorize the waiving of civil penalties in instances where minor
violations are quickly identified, reported and remediated.
- Adopt 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.
- 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 funding for DEC efforts to implemented a program for the "electronic" submission
of regulatory data.
- Broaden the Department of Environmental Conservation's authority
to issue general permits.
Small Business Assistance
- Provide a FOIL exemption for material submitted to the Environmental
Facility Corporation's multimedia compliance assistance program
- Require agencies to adopt small business compliance guides related
to new regulatory initiatives.
- Expand the state Industrial Effectiveness Program to include small
business environmental compliance efforts
Other
- Oppose legislation that would require environmental impact statements
to assess and consider mitigation measures for "disproportionate" but
not "adverse" impacts on minority and/or low income communities.
- Oppose new restrictions on the lawful use of pesticides, such as
onerous pre-notification requirements, mandatory phase-out of pesticide
use, and state-level bans on 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 restrictions on facilities' participation in the federal
SO2 allowance trading program.
- 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.
- Continue to support (through policy or legislation) clear high standards
for what students should know and be able to do when they graduate
from high school. 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 will be in full effect for those entering
ninth grade in the year 2001.
- Support the provision of additional state dollars for extra help,
including summer school, other alternative instruction programs and
services, and programs for students who are not yet proficient in English.
Support measuring the efficacy of such programs in helping students
who are having difficulty to reach the new standards.
- Support removal of the current limitation of 90 hours per student
for the calculation of summer school attendance that is eligible for
state aid.
- Support statewide testing of reading and math every grade from at
least grades 3 through 8. (Teachers and principals need grade level
student achievement information in order to improve instruction and
provide appropriate supplementation in summer school.)
- 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 the use of sound scientific research methods to determine
which curriculum and instructional practices are most likely to lead
to improved student achievement.
- Support the continued development of a statewide school-to-work
system that gives all students the knowledge and skills to be successful
in employment or post-secondary education.
- Support providing schools with the flexibility necessary to give
all students the opportunity to participate in the career exploration
and work-based learning experiences that are linked to achievement
of the state's learning standards.
- Support transportation aid for school districts transporting students
to work sites for school related work experiences.
- 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 unnecessarily add to the cost of administering programs such
as the Triborough provision.
- Support incentives for sharing services and for the consolidation
of school districts while keeping the size of individual school under
500 students.
- Support increased management flexibility to ensure that schools have
high quality teachers, principals and administrators through
*merit pay
*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 development of a gainsharing program whereby school
districts that save money can keep at least half of what they have
saved to continue to improve their instructional programs.
- Support the provision of resources and incentives to those schools
who opt for a longer school year or day in order to institute programs
leading to greater student achievement.
- Support the provision of early childhood education programs to all
children from low income families.
- Support substituting block grants for the current expense reimbursement
system to allow for more flexibility and to eliminate incentives for
unnecessary spending while increasing incentives for prudent spending.
Schools would be accountable for results rather than for spending money
in narrowly prescribed ways.
- 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 of school districts
varies widely and there are many schools without even the most basic
of educational tools.
HIGHER EDUCATION
- Support the maintenance of a high quality SUNY and CUNY system,
including community colleges, through policies that include an equitable
share of support from taxpayers, local sponsors, students and their
parents.
- Support provisions that would base a portion of funding provided
to the State and City University on results — the number of degrees
granted — in a manner similar to the Bundy Aid program. Note:
Most, though of course not all, students attend college to get a degree.
Basing a portion of state aid to public colleges and universities on
degrees granted would create an incentive for colleges to make sure
they are providing the quality of programs that enable students to
obtain a degree in the normal time frame.
- Support a mechanism which would allow colleges and businesses to
charge the cost of basic skills remediation of recent high school graduates
back to the student or employee's school districts. Far too many students
who enter college or employment with high school diplomas yet are under-prepared
in basic skills (reading, writing, and mathematics).
- Support restoration of Bundy Aid. Bundy Aid is aid to independent
colleges and universities (which educate 56% of New York's higher education
students) based on degrees granted.
- Support full and part-time tuition assistance to college students
and graduate students including increasing the maximum TAP award to
$5000. Note: When this program was started the maximum award equaled
60% of average private sector college tuition. Now it equals only 25%.
- Support the provision of scholarships based on merit in conjunction
with need. No student with high academic achievements should be denied
a higher education due to lack of income.
- Support linkages and networking among higher education institutions,
business, and the community as a means of providing responsive programs
and services, to student, businesses and communities.
- Support Centers for Advanced Technology and other initiatives that
help colleges and universities can apply for state matching funds to
leverage federal dollars for research programs leading to the creation
of new processes and products in areas that enhance the state's economy.
JOB TRAINING
- Support $50 million in funding for incumbent worker training through
employer consortium training programs. Note: New York ranks 48th
among states for investments in employer-specific job training programs.
One of the most important site location factors for technology-based
industries is the availability of a skilled or trainable workforce.
Other states such as North Carolina, Ohio and Virginia have increased
funding in this area, and it is paying off with new investments and
new jobs.
- Support $10 million for community colleges to provide employer-specific
training to individual employers on a contract course basis.
- Support GI Bill type training vouchers, based on income and circumstances,
for individuals choosing short term non-degree training programs.
- Support allowing the EPE (Employment Preparation Program) aid to
be utilized for adults that lack the basic skills needed to be successful
in high performance workplaces even though they may have a high school
diploma (including diplomas from other countries) through the year
2003, and/or until a New York State high school diploma means recipients
have advanced reading, math and science skills.
- Support programs that provide teachers, guidance counselors and
other educators with more information about businesses 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 comprehensive civil justice reform, which would include:
repeal joint and several liability, and establish an apportioned liability
standard, for damage suits; establish a statute of repose (a time period
after which a manufacturer cannot be sued for damages); establish a
$250,000 cap on all non-economic damage awards; repeal strict liability
for employers and property owners at construction work sites, and establish
a negligence standard and allow damages to be apportioned based on
the owners'/employers' degree of responsibility.
- Support comprehensive superfund reform/brownfield incentives legislation.
This would include site use-based cleanup standards; liability exclusions
for non-responsible parties that cleanup and redevelop contaminated
sites, and for lenders and IDA's that are involved in financing site
cleanups and/or redevelopment efforts; post-remediation liability releases
for responsible parties; and targeted redevelopment incentives.
- Support legislation to increase the amount of electrical power available
under the "Power for Jobs" program for the third year of the program
from fifty megawatts to three hundred megawatts of power.
- Support an accelerated repeal of the gross receipts tax on electric
utilities.
HEALTH
- Support greater accountability on any public subsidies to hospitals
that are financed by the privately insured and by taxpayers.
- 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;
*Exploring ways to create a health insurance tax credit similar
to the Earned Income Tax Credit.
- Oppose expanded health insurance mandates as being counter-productive
to making coverage affordable to the private sector. Support legislation
to provide cost-benefit analysis of proposed health insurance mandates.
- 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.
- Support state and private efforts to identify and intervene in public
health priorities and health outcomes research and information.
- 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.
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.
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 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 amendments to Sections 240 & 241 of the labor law to
create a comparative negligence standard on third party suits.
- 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.
Mission Statement
Actively promote changes to the state's legislative, regulatory
and tax structures to reflect increased competition in New York's energy
industry and promote increased economic development.
Tax Issues
- Support legislation which would further reduce Article 9 gross receipts
taxes (§186 and §186-a of the New York State Tax Law) on
energy services, with the corporate taxpayer eventually electing whether
to transfer from Article 9 to Article 9-A net income taxation with
appropriate transition rules, or remaining within Article 9.
- Support legislation and administrative actions that would forestall
unintended taxes on internal transfers of funds and assets between
a subsidiary energy utility and its parent holding company resulting
from the state's deregulation of the electric utility industry.
- Support legislation that would eliminate the Natural Gas Importation
Privilege Tax (GIPT).
- Support legislation that would forestall an unintended state tax
increase on energy that is sold for resale resulting from the state's
deregulation of the energy industry. In a competitive market , energy
commodities may change hands multiple times between companies before
finally being delivered to the consumer or "end-user." If left in place,
a tax will be imposed on each transaction increasing the cost of energy
to New York consumers.
- Support legislation that would cut the GIPT commensurate with existing
statutory reductions in the Gross Receipts Tax.
- Oppose administrative action that would end the exemption from state
sales taxes on natural gas and electric transportation service
- 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 — manufacturing, 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
NOX 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.
- Support legislation which doubles the amount of electrical power
available under the state's Power for Jobs program.
- 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 to create a voluntary mechanism which reduces
electric rates through credit-enhanced financing of certain assets
of electric corporations. Resulting rate reductions should be spread
throughout all classes of customers without unduly burdening any particular
class.
- Support initiatives to develop the upgrade or installation of natural
gas infrastructure for economic development purposes.
- Property taxes paid by New York's energy 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 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 reimburse energy companies fully for
the cost of relocating facilities in conjunction with federal, state
and/or local government infrastructure project such as state Department
of Transportation projects.
- Oppose legislation that would allow the state to restrict the trading
of sulfur dioxide (SO2) emission allowances by utilities.
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.
- Support a statewide policy that is fuel neutral.
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 which encourages increased investment in New
York by modernizing the current sales and use tax exemption (§1115
(12) 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).
Policy Issues
- 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" long
distance services or require additional disclosure of such long distance
rates by telecommunications and local exchange companies.
- Support legislation that would establish an effective and cost efficient
statewide wireless emergency telecommunications system.
- Oppose legislation that would regulate service quality standards
on telecommuncation firms.
- Oppose legislation which restricts economic growth in New York under
the guise of "smart growth" and work with legislative sponsors of these
measures in an effort to develop reasonable planning initiatives.
- Support $50 million in funding for incumbent worker training through
employer consortium training programs.
- Support $10 million for community colleges to provide employer-specific
training individual employers on a contract course basis.
STATUTORY
Employee Benefits
- Oppose any government mandated employee benefits, including but
not limited to expansion of mandatory health insurance coverage of
specific services.
- Support the continued use of Unemployment Insurance funds for the
funding of temporary jobless benefits. Oppose any diversion of these
funds for other types of 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 allows development of managed care health
programs which enhance quality of care at affordable costs through
competitive markets.
- Support legislation which make it easier for business to offer options
regarding dependent care programs.
Employment
- Support the doctrine of "employment at will" and oppose any attempt
to undermine an employer's right to employ and terminate employment.
- Support an employer's ability to hire qualified individuals and oppose
attempts to restrict an employer's use of validated pre-employment
tests.
- Support legislation which protects an employer's ability to create
a drug free workplace and create a minimum standard for drug testing,
and support legislation that 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.
- Oppose legislation which would expand the existing whistleblower
protections contained in the law.
Human Rights
- Support legislation which facilitates employer actions to eliminate
sexual harassment and discourage additional mandates and remedies under
the Human Rights Law.
Specifically,
Oppose strict liability in hostile work environment cases;
Oppose punitive damages;
Oppose suppression of plaintiff's prior history in certain instances (consistent
with federal guidelines).
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.
Miscellaneous
- Support the establishment of a civil mediation process to serve
as a first resolution effort prior to litigation. Oppose any limitations
to employer or agency Alternative Dispute Resolution procedures.
- Support amendments to the Industrial Homework Law to clarify what
types of jobs may be exempt from the law, and to give employers flexibility
to allow workers the ability to work at their residence.
- Oppose legislation that mandates studies, policy development and
training in workplace violence prevention.
REGULATORY
- Support recommendations from the Governor's Independent Contractor
Task Force.
- Contribute to the regulations applicable to the state Workforce
Investment Act and encourage members to join 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.
- Support regulations/guidelines which would allow employers options
to establish dependent care programs.
- Oppose planned implementation of Insurance Information and Enforcement
System (IIES) by DMV, requiring the collection for vehicle identification
numbers (VIN) for commercial fleets of vehicles.
- 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 initiatives which enable companies to focus their resources
on year 2000 readiness, restrict litigation and limit liability for
year 2000 losses and protect year 2000 disclosure from use in litigation.
- 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
- 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.
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 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 adoption of reasonable standards to the AT M Safety Act
(Art. 2-A of the Banking Law) allowing institutions adequate time to
correct lighting deficiencies without being subject to undue fines
despite acting in good faith.
- 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.
- Support the elimination of lender liability for clean-up costs associated
with environmentally hazardous conditions beyond their control.
- 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.
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 legislation which extends the initial lien duration from
12 month to 18 months.
- 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 set to expire in the year 2000, 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.
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 prior to contract or
period before awarded. 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.
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.
- Support legislation to allow review of competitors proposals after
notice of intent to award has been received, but prior to formal contract
agreement.
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 COUNSEL
- 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.
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 2000 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). Specifically
we:
- S>upport 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 businesslike 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 durationof 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
Administrative Procedures
- Support legislation that requires agencies to provide the regulated
community with flexibility in meeting regulatory requirements, through
the use of performance standards and variance procedures.
- Support legislation that require agencies to consider the relative
costs and benefits of regulatory options when proposing
new or modified rules.
- Support legislation to require agencies to respond to public petitions
to repeal or modify regulations that are outdated, inconsistent with
federal requirements, not authorized in statute, or are not cost-effective.
- Support legislation that gives the Governor's Office of Regulatory
Reform authority to assure agencies compliance with SAPA, and to review
proposed regulations as to their reasonableness (based on the criteria
of net benefits, cost to benefit ratio and overall costs of regulatory,
discussed above) and consistency with the general policies of the state.
- Support legislation that would allow for extensions to the standard
one-year rule adoption timetable in order allow agencies the opportunity
to consider and respond to public comments.
- Support legislation that broadens the current "arbitrary and capricious" judicial
review standard under Article 78 to allow for consideration of compliance
with SAPA's impact analysis requirements, and consideration of whether
a rule was based on sound data.
- Oppose legislation that would impose rigid procedures on the use
of "negotiated rulemaking" efforts by agencies.
- 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.
GENERAL
- Support debt reform which reduces the historically-high level of
debt financed by New York State taxpayers.
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