2014 POST BUDGET LEGISLATIVE AGENDA
The following presents an update of our end-of-session priorities as we enter the last week of session.
2014 POST BUDGET LEGISLATIVE AGENDA
Campaign Finance Reform
- Oppose legislation extending the current $5,000 corporate campaign contribution limitation to limited liability companies. S.166 (Squadron)/A.5067 (Millman)
- Oppose legislation adopting a public campaign financing program. S.4987 (Klein)
- Oppose proposals to use enforcement-related revenues to support funding programs such as public campaign financing. S.4705-B (Stewart-Cousins)/A.4980-D (Silver)
- Support legislation that extends and reforms contract procurement “restricted period” provisions, currently set to expire 7/31/14. See S.6967 (DeFrancisco)/A.9248 (Englebright), OGS Departmental Bill #86.
This has been amended to provide a two year extender; Administration has committed to post-session discussions on broader contract procurement process reforms. TBC supports this bill as amended.
- Oppose legislation creating new cost/benefit determinations as a precursor to personal service contracts. S.5643-A (Robach) and A.7506 (Robach).
- Support legislation that allows flexibility in the types of performance guarantees required for procurement contracts. New legislation to be introduced.
- Oppose legislation that would preclude the state from entering into a procurement contract with a vendor whose employees or independent contractors working on the contract were party to a mandatory arbitration program that included Article VII civil rights claims. S.4438 (Marcellino)/A.4791 (Titone)
Passed Assembly; 3rd reading in Senate, but we do not expect the Senate to act on this in 2014 session.
- We have raised concerns regarding), a bill requiring use of American made iron, steel and manufactured products in certain government contracts, was introduced last month. Your feedback on this bill is requested. S.7206 (Defrancisco)/A.9521 (Morelle). Has not moved in either house; amendments are expected.
- Oppose mandates that corporations obtain majority shareholder approval for political donations or communications on public policy issues. S.177 (Squadron)/A.7287 (Rozic)
- Oppose legislation implementing remote shareholder participation and proxy voting at shareholder meetings. S.5744 (Ranzenhofer)/A.4946 (Kavanagh).
On 3rd reading in Assembly; TBC does not support this legislation.
- Support a new, as of right, refundable research and development tax credit for both capital and other qualified research expenses (legislation to be introduced.)
- Support an asbestos remediation tax credit, to promote the redevelopment and reuse of existing, underutilized properties. See S.1671-A (Grisanti)/A.5365 (Schimminger) and S.3764 (Kennedy)/A.5683 (Peoples-Stokes).
On 3rd reading in the Senate.
- Support in-state clinical trials through tax and financial incentives
- Oppose significant new restrictions on state and local development authorities. See S.6870 (Savino)/A.8203-A (Ryan), the "just and open business subsidies act (JOBS act) of 2014"
Reported to Senate Finance; sponsor said it will not move further this session.
- Oppose legislation that would place undue restrictions on UDC ability to finance economic development projects, including restrictions on its and other entities' use of eminent domain authority. S.6779 (DeFrancisco)/A.7887 (Paulin).
Reported to Senate Finance.
- Support legislation to include assessments of real property subject to a payment in lieu of tax agreement in the tax levy growth factor. S.3591 (O'Mara) A.8038 (Morelle).
- Oppose legislation that would Section 1 of the bill would preclude state-administered assessments for English language arts and mathematics from being used as a factor in a teacher or principal's overall APPR composite effectiveness score if the scores were based in part or in whole on the Common Core learning standards. A.10112 (Rules/Nolan), No same as.
- Oppose legislation extending public works prevailing wage requirements to private sector energy transportation companies. S.5338 (Savino)/A.7482-A (Camara).
- Support legislation that would support and expedite the extension of natural gas service. S.5536-A (Maziarz).
- Support legislation requiring the state to evaluate the cost of net metering mandates. S.5149 Maziarz)/A.7679 (Simotas).
Passed both houses.
- Oppose legislation creating a utility assessment-financed Office of Utility Consumer Advocate that solely represents the interest of residential customers. S.4550 (Savino)/A.6239-A (Dinowitz)
Passed Assembly; still in Senate Finance.
- Oppose legislation imposing a moratorium and/or additional study requirements on the permitting of natural gas wells. S.4236-A (Avella)/A.5424-A (Sweeney).
- Oppose requirements for public hearing prior to the closing of a utility call center. S.6619-A (Savino)/A.9104-A (Cahill)
Passed both houses.
- Oppose labeling mandates for foods containing genetically modified material. S3835-E (LaValle) and A.3525-E (Rosenthal).
Reported to Assembly Ways and Means
- Oppose legislation creating a state-level analysis and regulatory program for use of chemicals in children's products. S.4614-A (Boyle)/A.6328 (Sweeney).
Not “same as;” A.6328 has passed Assembly.
- Support legislation to extend and reform the brownfield cleanup program and its remediation and redevelopment tax credits. New legislation to be introduced.
Assembly re-introduced their budget resolution language as A.9967 (same as S.7830 Latimer); at most, a one year extender may pass this session.
- Oppose any expansion of the Martin Act, including but not limited to provisions imposing settlement surcharges to support a new public campaign financing program. S.4239 (Rules)/A.7394 (Silver).
- Support no fault insurance reform, as proposed in the Executive Budget (S.6357-B, Part T) which would prevent health service payments after a determination of fraudulent activity and include additional civil penalties for fraudulent offense.
- Support legislation that clarifies methods for the payment of wages and authorizes the payment of wages by use of payroll cards. S.4392-B (Gallivan)/A.6419-B (Morelle).
This bill has not moved in either house; TBC opposes recent AG program bill, S.7790 (Gallivan)/A.10056 (Rules/Morelle)
- Oppose new “post-Sandy” insurance mandates, including but not limited to: creation of a new “homeowners' bill of rights (S.3045/Lanza and A.2287-A/Silver); requirements that insurers advise claimants in writing within 15 days of receiving all items (statements and forms) presented by the claimant, if they accept or reject the claim (S.3413-A/Carlucci and A.1092-A/Skoufis); and authorizing DFS to set uniform standards for when hurricane windstorm deductibles are triggered (S.2032/Lavalle and A.2729/Weisenberg).
- Oppose legislation imposing additional state-level restrictions or mandates on group annuity purchases from life insurance companies. S.6150 (Avella)/A.9013 (Abbate).
Of concern to TBC members, not expected to move this session.
- Support legislation that eliminates the cap on assessments that may be imposed against life insurance companies for their guarantee fund, in order to maintain solvency of the fund. S.7320-A (Seward)/A.9915 (Cahill).
Reported to Senate Finance, Assembly Rules.
- Oppose legislation that would expend the state's “whistle-blower” protections by creating broad new categories of actions relative to the financial services industry. S.4453 (Savino) and A.815-A (Abinanti), (not same as).
S.4453 is on 3rd reading in Senate; A.815 was reported to Assembly Codes; will be reported from Codes today.
- Oppose legislation to impose unnecessary new mandates on lenders regarding mortgaged property in, or potentially, in foreclosure. S.7350-A (Klein)/A.9341-A (Weinstein).
Referred to Assembly Ways & Means.
- We are opposing legislation that would require health plans that sell coverage on the state health exchange to essentially renegotiate with doctors and sign explicit contracts for those doctors to participate in networks on the state health exchange. S.7166 (Hannon).
Reported to Senate Insurance.
- Oppose legislation, such as the "safe staffing for quality care act" that would establish state-imposed staffing ratio at health facilities. S.3691-A (Hannon)/A.6571. (Gottfried)
- Oppose legislation that would restrict or impair the effectiveness of pharmaceutical networks employed by health plans. S.3995-A (Maziarz)/A.5723-A (Heastie).
Has passed Assembly
- Support legislation that would continue to allow insurers to issue stop loss coverage to groups with between 51 and 100 employees. S.6917 (Seward)/A.9980 (Cahill).
3rd reading in Senate.
- Oppose legislation to impose new pricing and disclosure regulations pharmacy benefit managers. S.7025 (Hannon)/A.9264 (Rosenthal).
Referred to Assembly Ways & Means.
- TBC has not taken a position on new to mandate that health insurers cover substance abuse treatment, and mandate plans to use a health care provider who specializes in substance abuse treatment when conducting medical management or utilization review. S.7662 (Seward)/A.9943-A (Rules/Cusick).
- Support legislation reforming Labor Law section 240 (aka scaffold law) to adopt a comparative risk standard without the limitations included in existing legislative proposals. New legislation to be introduced.
- Support legislation that repeals the extraneous annual notice provision of the wage theft prevention act and that increases penalties for certain violations of the act. S.5885-A (Savino)/A.8106-B (Heastie)
- Both bills were amended to include “advocate” language; TBC does not support this version; ongoing negotiations.
- Oppose legislation authorizing municipalities to set their own minimum wage levels and/or other labor standards. S.7743-A (Savino)/A.8767 (Kavanagh).
- Amended to match Governor Cuomo's proposal for cities and counties to set wage 30% above state wage; does not change current state minimum wage.
- Support the "Public Construction Savings Act" which modifies bidding requirements for public construction projects including project labor agreements (PLA). S.2760-A (Ranzenhofer)/A.3059-A (Schimminger).
- Support reasonable updates to the state's existing pay equity laws. Of particular interest are S.5872 (Savino), modifies sex-based wage discrimination provisions, prohibits restrictions on wage disclosure, and increases penalties for wage discrimination; S.5873 (Valesky), extends existing sexual harassment prohibitions to employers of fewer than four; S.5874 (Little), authorizes awarding attorney fees to either prevailing party in sex discrimination cases; S.5875 (Little), prohibits family status-based discrimination by employers; and S.5880 (Hannon), clarifies existing reasonable accommodation provisions related to pregnancy-related medical conditions. These are all Governor's Program Bills, and reflect amendments recommended by The Business Council. Similar provisions are included in A.8070 (Titus).
S.5880 has passed the Senate; A 1264-A (Gunther) was amended to be same as S.5880. A.8070 (no same as) has passed the Assembly.
- Oppose legislation adopting mandatory paid family leave, including legislation that includes family leave benefits in, and/or significantly increases benefit levels under, the state's mandatory disability benefit program. See S.6741/Savino (mandated family leave benefit); S.6740/Savino (increases maximum disability benefits to 50% of the state average weekly wage); S.4742-B (Addabbo) and A.1793-B (Nolan) that does both.
- Oppose legislation to require the Department of Labor to oversee and enforce payment under independent contractor contracts. S.2556 (Golden)/A.5472 (Silver).
- Oppose legislation that further broadens existing whistleblower protections. S.3862-A (Klein)/A.5696-A (Benedetto).
3rd reading in both houses.
- We have not taken a position on legislation that provides that a “foreign business” (i.e., not organized under the laws of, or headquartered in, New York State) consents to the general jurisdiction of New York courts by applying for authority to conduct business in New York (S.7078 Bonacic/A.9576 Weinstein). The U.S. Chamber has come out strongly opposed to this bill.
Passed Assembly; 3rd reading in Senate.
- Oppose legislation to allow a plaintiff to obtain an indirect recovery from a third-party-defendant when that plaintiff's judgment against an original defendant was not satisfied within thirty days of the judgment being served, even in cases when the Statute of Limitations has expired for any claim the plaintiff could traditionally bring against the third-party defendant. S.555-A (DeFrancisco)/A.1002-A (Weinstein).
On 3rd reading in both houses.
- Support legislation establishing a meaningful cap on the MTA surcharge provisions of Article 9A/corporate franchise tax. 2014 reform legislation allows future surcharge rates to be established by the tax commissioner with no clear limitations.
- Support legislation implementing necessary technical amendments to the 2014 tax reform package, including those affecting the estate tax rate, the financial services ITC, the application of net operating losses and others. Legislation to be introduced.
- Improve and streamline local real property tax administration, including promotion of county level assessments; adoption of fixed reassessment cycles; mandate for uniform, full market value assessments for all property classes; and reforming the assessment challenge process.
- Assure that assessed values of real property improvements associated with PILOTs agreement are included in calculation of the RPT cap “tax base growth factor.” S.3591 (O'Mara)/A.8038 (Morelle)
- Oppose ban on employer access of employee personal accounts. Oppose online consumer data restrictions.
- Oppose legislation that would impose unreasonable restrictions on the collection or use of consumer data. Legislation to be introduced.
- Oppose legislation to mandate that any advanced mobile communications device sold in New York include a technological solution that can render inoperable the essential features of the device when the device is not in the possession of the rightful owner. S.6850-B (Avella) and A.8984-A (Titone) – not “same as.”
A.8984-A is on 3rd reading in Assembly
Workers' Compensation/Unemployment Insurance
- We have not taken a position on legislation that would require the Workers' Compensation Board to adopt a nationally recognized treatment guideline for body parts not covered by a New York State specific guideline. S.6997 (Savino)/A.9068 (Bronson).
3rd reading in Senate.
- We have not yet taken a position on legislation to modify the Unemployment Insurance system's eligibility determinations for partial unemployment insurance benefits, from a system based on the number of days a claimant has worked during a week, to one based on a claimant's weekly earnings (S.6572/A.7278-A).
Reported to Senate Finance; reported to Assembly Rules.
- We oppose legislation that would expand utilization by authorizing licensed acupuncturists, in addition to the already authorized certified acupuncturists, to bill for services under the workers' compensation law. S 7634-A (Martins)/A.9721-A (Bronson).
3rd reading in Assembly.
- Oppose legislation to mandate workers' comp awards in cases former employees with partial disabilities who have voluntarily withdrawn from the labor market and simply enrolled in one of the Department of Labor's reemployment services, One-Stop Career Centers, retraining programs, rehabilitation program by VESID or other board approved rehabilitation programs, job services or for full time attendance in an educational institution. S.5294 (Savino)/A.7961 (Heastie).
3rd reading in Senate.