2005 LEGISLATIVE WRAPUP

Following is The Business Council's End of Session Wrap-Up. If you have any questions, you may contact the staff person mentioned for that particular subject at (518)465-7511.

Construction
Consumer
Contract Procurement
E-Commerce
Economic Development
Education and Job Training
Energy
Environment
Financial Services
Health
Insurance
Labor and Human Resources
Occupational Safety & Health
Small Business
Taxation
Telecommunications
Unemployment Compensation
Workers' Compensation
Other Issues

CONSTRUCTION

Public Work Enforcement Fund
A.6623-A (John)

Relates to moneys accumulated in the public work enforcement fund.
Business Council took no position
Passed both houses

Independent Contractor Lists
S.3282 (Spano)

Requires every person, corporation or other business entity contracting with the state to submit a list of independent contractors hired by such business entity.
Business Council is reviewing the bill
Passed both houses

Written Notification of Prevailing Wage Rate
S.4549 (Leibell)

Requires notification to workers employed in public works projects of the prevailing rate of wage.
Business Council took no position
Passed both houses

Subcontract Wage Scale
S.4890 (Fuschillo)

Relates to violations of contracts to pay a certain wage scale in subcontracts.
Business Council took no position
Passed both houses

"Safe Place to Work" - 240/241
A.2946 (Morelle)

Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees.
Business Council supports
Assembly Labor, Senate Codes

Plastic Pipe Restrictions
A.7566 (John)

Relates to standards for plumbing materials.
Business Council opposes
Passed Assembly, Senate Rules

CONSUMER

Rebate Redemption Forms
S.4888-A (Fuschillo)

Requires rebate redemption forms to be provided to consumer at the time of purchase.
Business Council took no position
Passed both houses

Interstate Shipment of Wine
A.7379-C (Farrell)

Authorizes limited direct interstate shipment of wine.
Business Council took no position
Passed both houses

Direct Shipment of Wine
S.5925 (Winner)

Provides certain limitations on the number of cases of wine that may be shipped pursuant to an out-of-state direct shipper's license (no more than thirty six cases).
Business Council took no position
Passed both houses

Out-Of-State Grape Purchases for Wineries
A.7432 (Magee)

Allows farm wineries to purchase grapes from an out-of-state source upon a declaration of a state of emergency caused by a disaster that resulted in crop destruction.
Business Council took no position
Passed both houses

Wine Manufacturing
A.8851 (Rules at the Request of Magee)

Relates to allowing farm wineries to manufacture wine from grapes from an out-of-state source under certain conditions.
Business Council took no position
Passed both houses

Vicarious Liability
S.1410 (Johnson)

Provides that the lessee of a motor vehicle for a term of more than 1 year shall be deemed to be the owner of such vehicle for purposes of civil liability.
Business Council supports
Senate Rules, Assembly Transportation

Sunscreen Expiration Dates
A.983 (Weisenberg)

Requires sunscreen products to be labeled with expiration dates and storage recommendations.
Business Council opposes
Passed Assembly, Senate Consumer Protection

CONTRACT PROCUREMENT
Staff Contact: Ken Pokalsky

Procurement Lobbying
S.5873 (Winner)

Extends Lobbying Act to state and local procurement efforts ; restricts lobbying on commodity, service, technology, public works, construction, "revenue" and real estate contracts valued over $15,000. Increases applicability threshold for lobbyists and clients from $2000/year to $5000/year. Requires state/local agencies to designate contact person for procurement related discussions with vendors. Adopts new enforcement provisions, including civil penalty and contract debarment.
Business Council has no position
Passed both houses

Procurement Lobbying
S.5918 (Winner)

Technical “chapter amendment” to S.5873 (see above), regarding agency “responsibility determinations.”
Business Council has no position
Passed both houses

Restrictions on State Agency Consulting Contracts
S.1920 (Robach)

Requires that holders of state service contracts report on the number of employees used to provide contracted services, total hours worked by such employees, and total compensation paid. Imposes new requirements on the Department of Civil Service to compile such data from all state agencies. Provisions affecting contract holders expire 6/30/06.
Business Council opposes
Passed both houses

MTA Contracting Flexibility
S.5829 (Libous)

Extends existing statute, which permits the MTA and NYCT to utilize innovative procurement methods such as the Request for Proposal (RFP), allowing them to negotiate with prospective contractors. Allows both authorities to establish Qualified Products List for standardization of various supplies, materials and equipment.
Business Council has no position
Passed both houses

Anti-Outsourcing / Benefit Recapture
S.4750 (Spano) / A.1213 (Brodsky)

Would recapture economic development benefits and impose a 5 year benefit ban of businesses that move jobs out of New York, if they also reduce in-state employment. Affected benefit programs include Empire Zone benefits, and other grants, loans and tax benefits conferred by ESDC/UDC.
Business Council opposes
Senate Corporations Committee, Assembly Economic Development Committee

Anti-Outsourcing Under State Contracts
S.5427 (Maziarz) / A.8669 (John)

Requires certain state contracts to include a provision stating all labor or services performed under such contract shall be performed within the United States.
Business Council opposes
Senate Calendar, Assembly Calendar

State Personal Service Contract Restrictions
S.3923-A (Spano) / A.1259 (John) and A.8948 (Rules)

Establishes new criteria for, and new restrictions on, state agency's ability to contract out for personal services.
Business Council opposes
Senate Rules Committee, A.1259 Passed Assembly

Utility Call Centers
S.2189 (Volker) / A.4184 (Cahill)

Requires public utilities to provide call center service assistance from centers located within the state and the utilities service area.
Business Council opposes
Senate Energy Committee, Passed Senate

E-COMMERCE

Breach of Security
S.3492 (Fuschillo) / A.4254-A (Brennan)

Establishes a process for when a company needs to notify a consumer about the unauthorized acquisition of personal information; sets penalties for non-compliance. A.8937 / S.5827 – Chapter Amendment making changes to certain provisions of the information security breach and notification act.
Business Council worked to get onerous provisions from earlier drafts changed
Passed both houses

Do Not Call Registry
S.4180 (Fuschillo) / A.7710 (Pheffer)

Amends the general business law, in relation to clarifying the prohibition against telemarketing sales calls to a consumer with whom a business has an established business relationship but the consumer has requested not to be called by the telemarketer and to remove the face-to-face exception to the "do-not-call" law.
Business Council has no position
Passed both houses

Spyware
S.186-C (Balboni) / A.549-C (Towns)

Aims to protect the privacy of computer users by banning the dissemination of computer spyware without the authorization of the owner of a computer.
Business Council commented on the earlier draft
Passed Senate only, Assembly Codes

Sale of E-mail Addresses
S.2901-A (Rath) / A.227 (Pheffer)

Provides that it shall be unlawful to sell or lease any consumer's electronic mail address if the consumer opts out of participation.
Business Council opposes
Senate Rules, Assembly Calendar

Disposal of Records
S.5178 (Fuschillo) / A.8456 (Pheffer)

Relates to disposal of records containing personal information. Require any medical business, tax preparation business or other business person to properly dispose of records containing personal information through one of the following means: shredding, destruction, modification, or other reasonable action to ensure that no unauthorized person will have access to the personal information.
Business Council had no objection
Passed Senate only, Assembly Government Ops Committee

Identity Theft
S.2899 (Spano) / A.6073 (McLaughlin)

To expand and clarify the crimes of identity theft as well as strengthen penalties.
Business Council has no position
Passed Senate only, Assembly Codes Committee

Social Security Numbers
S.5406 (Spano) / A.8224 (Boyland, Jr.)

Prohibits employers from putting social security numbers on checks, drafts or vouchers issued to employees.
Business Council has no position
Passed Senate only, Assembly Consumer Affairs and Protection

ECONOMIC DEVELOPMENT
Staff Contact: Ken Pokalsky

Economic Development Power Programs
S.5866 (Wright)

Permanently extend the state's "replacement power" program; permits extension of EDP price and allocation contracts expiring before the end of 2006; restores Power for Jobs program flexibility; creates a new "Preservation Power" program, requiring local reallocation of any relinquished industrial power from NYPA's St. Lawrence hydro plant; broadens criteria for extension of replacement power contracts, and for new allocations of replacement and preservation power.
Business Council supports
Passed both houses

Empire Zones/Technical Amendments
S.5928 (Rules)

This budget "cleanup" bill included several modifications to the Empire Zones program, including allowing Oneida Herkimer zone to split into two county zones of 2 acres each; slightly modified criteria for "regionally significant projects" within counties with a census track rather than county-wide zone; specifies that reconfigured "investment zones" are to be within "up to" 3 distinct areas; extended the "no valid business purpose" test to businesses certified prior to 2002; clarified the ability for tenants to claim the EZ RPT benefit.
Business Council supports
Passed both houses

IDA "Civic Authority" Extender
A.8963 (Sweeney)

Extends for one year (until 7/1/06) ability for industrial development agencies to fund "civic" facility projects of up to $20 million.
Business Council supports
Passed both houses

WTC Area Development
S.5930 (Rules)

Generally broadens criteria for existing tax credit programs available for the World Trade Center area; creates a new sales tax exemption for tangible property purchased by tenants and landlords in the WTC area; authorizes the UDC to compensate the Port Authority for reductions in lease payments for new properties at WTC and at 7 WTC.
Business Council has no position
Passed both houses

Oil and Gas Exploration
S.5553-B (Winner)

Adopts provisions to promote natural gas and oil exploration in the state, including new provisions for "spacing units" and specific options for dealing with royalty payments on unleased property.
Business Council supports
Passed both houses

NYC Energy Programs
A.7384-A (Silver)

Extends the NY City's Energy Cost Savings Program (ECSP) and Lower Manhattan Energy Program (LMEP) to July I, 2007; provides energy cost savings to commercial and industrial firms, funded by tax credits against the city's utility tax.
Business Council has no position
Passed both houses

Film Production Facility ITC
S.5904 (Golden)

Allows an investment tax credit to a taxpayer that owns qualified property (e.g., a film studio) while a second taxpayer uses it in the production of a film for sale.
Business Council supports
Passed both houses

Excelsior Linked Deposit Program
S.5078 (Alesi)

Allows businesses that received "linked deposit" loans prior to 11/1/04 to apply for a two year extension on such loans.
Business Council supports
Passed both houses

S.5358 (Padavan)

Expands a NYC real property tax abatement program by providing tax abatement for certain industrial and manufacturing properties in any area other than Manhattan south of 96th Street or the Special Garment Center District.
Business Council has no position
Passed both houses

S.5596 (Maltese)

Establishes tax credits for eligible businesses that relocate to industrial business zones in the city of New York, creates an industrial business zone boundary commission to designate, amend and repeal such zones. Includes $1,000 credit per full-time employee, up to actual relocation costs or $100,000 whichever is lower.
Business Council has no position
Passed both houses

IDA Extender/Restrictions
A.8359 (Sweeney)

Extends "civic facility" authorization for IDAs, but also imposes significant new restrictions on IDA's ability to finance local development projects.
Business Council opposes
Assembly Codes Committee

Biofuels Production Credits
S.5285 (Wright) / A.8205 (Magnarelli)

Section 187-b of the tax law is amended by provided tax credit for production of "biofuels" of up to 50% of production costs; minimum of 10,000 gallons; statewide credit is capped at $1 million per tax year.
Business Council supports
Passed Senate, Assembly Ways & Means Committee

EDUCATION AND JOB TRAINING
Staff Contact: Margarita Mayo

State Assessments
S.3192 (Saland) / A.6286 (Brodsky)

Allows certain schools to use un-approved alternative assessments to replace 3 of 5 Regents exams to meet state high school graduation requirements and requires the state education department to develop portfolio-based alternative assessments.
Business Council opposes
Passed Senate, but not the Assembly

A.5126-A (Sanders)

Limits the use of standardized tests for purposes of promotion or graduation.
Business Council opposes
Did not pass Senate, Ways and Means in the Assembly

S.5051-A (Saland) / A.7918 (John)

Provides up to $30 million to establish a Fund for Innovation grants for public/private partnerships to develop and implement technology-based learning strategies.
Business Council supports
Passed Senate, but not in the Assembly

ENERGY
Staff Contact: Ken Pokalsky

Oil and Gas Exploration
S.5553-B (Winner) / A.8672-B (Rules/Parment)

Removes the uncertainty associated with the development of oil and natural gas wells, and allocates risks and responsibilities among operators and owners of mineral interests (either leased or unleased) on a reasonable basis.
Business Council supports
Passed both houses

Energy Efficient Appliances
S.5614-A (Wright) / A.8757-A (Rules/Tonko)

Directs the Secretary of State, in consultation with the President of NYSERDA to promulgate energy efficiency standards for certain new appliances and equipment for which standards have not been prescribed by the federal government.
Business Council has no position
Passed both houses

Agricultural Waste Cooperatives
S.4746 (Leibell) / A.8837 (Rules/Tonko)

Amends the Cooperative Corporations Law to expressly include the capture of methane and other gases for the generation and use or sale of energy from agricultural waste products as purposes for which general cooperative corporations and agricultural cooperatives may be formed.
Business Council has no position
Passed both houses

Fuel Cell Tax Credits
S.2994-B (Winner) / A.5881-B (Tonko)

Creates a business tax credit of up to $1,500 per unit for businesses who purchase fuel cells with certain capacities for on-site energy use. The bill also provides the same credit for purposes of the corporate franchise tax, and establishes franchise tax credits for banking institutions and tax credits for insurance corporations.
Business Council has no position
Passed both houses

Article X
S.4961 (Wright)
S.5717 (Wright) - Governor’s Program Bill #66
A.1908 (Nesbitt)

These bills provide a streamlined, one-stop shopping program for the siting of power plants in New York State.
Business Council supports
Senate bills stalled in Rules Committee, Assembly Energy Committee

Zone Pricing of Gasoline
S.973 (Alesi) / A.3856 (Brodsky)

Prohibits the zone pricing of gasoline and attaches a $5,000 per day civil penalty to violations. Subverts market pricing that allows the flexibility to compete.
Business Council opposes
Senate Calendar, Assembly Economic Development Committee

Pilot Light
S.3286 (DeFrancisco) / A.2719 (Tonko)

Goes far beyond the requirement that utilities provide safe and adequate service by requiring them to respond to situations of "complaints involving interruption of lighting or other electrical service".
• Business Council strongly opposes
Senate Calendar, Assembly Calendar

Energy Efficient Lighting
S.4474 (Marcellino) / A.7404 (Grannis)

Would establish stringent and overreaching standards for outdoor lighting, mandate the creation of "dark sky preserves" and establish the infraction of "light trespass".
Business Council opposes
Senate Rules Committee, Passed Assembly

ENVIRONMENT
Staff Contact: Ken Pokalsky

Pollution Prevention Assistance
S.2828-B (Flanagan)

Authorizes DEC to implement a broad "pollution prevention" program, including: provision of P2 information to permit applicants, development of outreach and technical assistance for compliance and pollution prevention.
Business Council has no position
Passed both houses

Hazardous Waste Siting Plan Consistency
A.8484 (DelMonte)

Precludes DEC from making completeness determinations on permits subject to siting board approval until it completes the state siting plan, and determines the application is consistent with such plan.
Business Council opposes
Passed both houses

Brownfield RPT Penalty Waiver
S.3044-A (Johnson)

Allows for waiver of interest and penalties for unpaid real property taxes on property subject to a brownfield site clean-up agreement.
Business Council supports
Passed both houses
Note: A.8910 (Sweeney) is a chapter amendment that says failure to receive – or revocation of – a brownfield certificate of completion is grounds for revocation of these tax benefits.

Creosote Phase-Out
S.5419 (Spano)

Prohibits the sale or use of creosote-treated wood products by 1/1/06. Does not apply to railroads; electric utilities and utility poles used by the utility, telephone or cable companies; public authorities and municipalities owning electric transmission lines; and – until 1/1/09 – existing marinas. Existing creosote-treated products can remain in service. Prohibit burning of creosote or creosote treated products on or after 1/1/05, with exception for facilities with valid Article 19 and Article 27 permits issued prior to 1/1/04.
Business Council opposes
Passed both houses

Mercury Product Restrictions
S.4469-A (Marcellino)

Expands state's restriction on sale of mercury-containing products, to include thermostats, specified medical and other instruments , and mercury switches and relays. Effective dates are 1/1/06 for barometers, flow meters, medical devices); 1/1/07 for hydrometers and manometers; and 1/1/08 for mercury switches.
Business Council opposes
Passed both houses

"Community Preservation Funds"
S.3153 (Marcellino) / A.6450 (DiNapoli)

Allows townships to adopt local 2% real property transfer tax, with revenues to go to local open space preservation account.
Business Council opposes
Senate Rules Committee, Passed Assembly

Wetlands Regulation
S.2081 (Marcellino) / A.2048 (DiNapoli)

Extends NYS's freshwater wetlands regulatory program to all wetlands over one acre in size, and to smaller wetlands of "local significances;" dispenses with mapping process for delineating regulated wetlands.
Business Council opposes
Senate Calendar, Passed Assembly

Wetlands Regulation
S.5551 (Marcellino)

Governor's Program Bill on wetlands; would have only regulated wetlands between 1 and 12.4 acres if deemed to be of local significance.
Business Council opposes
Senate Rules Committee

"Bigger Better Bottle Bill"
S.1290-B (LaValle) / A.2517-B (DiNapoli)

Would have extended the bottle bill to wide range of non-carbonated beverages; would have captured an increased volume of unclaimed deposits for state spending through the "Environmental Protection Fund".
Business Council opposes
Senate EnCon Committee, Passed Assembly

FINANCIAL SERVICES

Credit Card Protections
S.4225-A (Saland) / A.75-A (Pheffer)

Requires any written solicitation regarding credit card protection services include a statement to the consumer of their rights that exist under the "Fair Credit Billing Act" as well as a disclosure that the purchase of such services is not required to secure or retain a credit card.
Business Council has no position
Passed both houses

Billing Practices
S.5736-A (Saland) / A.8919 (Pheffer)

Prohibits creditors from charging consumers different rates or fees based on the payment option chosen by the consumer.
Business Council opposes
Passed both houses

Mortgage Discharge Certificates
S.48-B (DeFrancisco) / A.4540-C (Nolan)

Requires that when a mortgage upon real property is due and payable, and the full amount of principal and interest due on the mortgage is paid, a certificate of discharge of mortgage shall be given to the mortgagor or person designated by him or her.
Business Council has no position
Passed both houses

Linked Deposit Program
S.4755 (Farley) / A.8064 (Nolan)

Clarifies and ensures that irrevocable letters of credit issued by a home loan bank may be used as collateral for state deposits.
Business Council has no position
Passed both houses

State Charter Deposit Program
S.5081 (Farley) / A.8227 (Nolan)

Creates the State Charter Deposit Program, which authorizes and encourages the State Comptroller and the Commissioner of Taxation and Finance to deposit a portion of the funds under their control (up to $100 million each) into state-chartered community banking institutions (provided they have a CRA rating of satisfactory or better).
Business Council has no position
Passed both houses

Mortgage Loan Originators
S.2003 (Balboni) / A.4956-B (Nolan)

Requires the registration of mortgage loan originators for residential property with the Superintendent of Banks. Requires an annual fee be paid to the Banking Department, and contains educational requirements.
Business Council has no position
Senate Banks Committee, Assembly Codes Committee

HEALTH
Staff Contact: Mark Amodeo

Hospital Infection Rates
S.5086-A (Hannon) / A.8698-A (Rules at the request of Gottfried)

Establishes a system requiring the tracking and reporting of hospital infection rates in New York State. S.5855 - Chapter Amendment to make changes to certain provisions relating to hospital acquired infection reporting.
Business Council supports
Passed both houses, as did the Chapter Amendment

Posting of Retail Drug Prices
S.1936-A (Golden) / A.5403-A (Gottfried)

Requires the posting of drug retail price lists on the web site of the state board of pharmacy.
The Business Council expressed no opposition
Passed both houses

Cardiac Defibrillator
S.1074 (Alesi) / A.112 (Weisenberg)

Requires that at least one functional cardiac defibrillator be made available by any facility having an occupancy capacity for 1,000 or more people, except a facility utilized for religious services, for emergency use at every function held thereat which is attended by people, and to require that at least one employee of such facility be trained in its proper operation and use and be present at each facility function at which people attend.
Business Council reviewing the bill
Passed both houses

Medicaid Drug Rebates
S.5835 (Hannon) / A.8869 (Rules)

Establishes a medicaid drug rebate remittance demonstration program.
Business Council has no position
Passed both houses

Safe Patient Handling
S.4929 (Maziarz) / A.7641 (Gottfried)

Establishes a demonstration program to assess the use of technology to enhance the safe handling of patients.
Business Council is reviewing the bill
Passed both houses

Vaccines containing mercury
S.2707-C (Skelos) / A.5543-C (Weisenberg)

To prohibit the administration of any vaccine to children under age three and pregnant women that contains more than a trace amount of mercury except under certain circumstances.
Business Council is reviewing the bill
Passed both houses

Mental health parity
A.2912 (Tonko)

Requires all health insurance policies to provide full coverage for the diagnosis and treatment of mental disorders.
Business Council opposes
Passed Assembly, delivered and referred to Senate Rules

S.1672 (Libous)

Provides for expanded mental health coverage with exemptions for small businesses.
Business Council supports
Senate Insurance

Freedom Health Plans
S.1405 (Seward) / A.2688 (Morelle)

Relates to establishment of Freedom Health Insurance Plans and provides a small business tax credit for the purchase of health insurance.
Business Council supports
Passed Senate only, Assembly Insurance Committee

Mandate Cost/Benefit Commission
S.1372 (Seward) / A.6193 (Crouch)

Creates a health benefit and cost commission to conduct a comprehensive review of all current mandated benefits and an accurate cost analysis of proposed benefits.
Business Council supports
Passed Senate only, Assembly Insurance Committee

Mail order pharmacy
S.5456-A (Spano) / A.8420-A (Nolan)

Would deny employers a cost-effective option for offering coverage of prescription drugs by preventing them from charging an added co-payment if employees chose the costlier option of getting drugs.
Business Council opposes
Senate Labor, Assembly Rules

Marketing of prescription drugs
S.696-C (Maziarz) / A.5574-C (Grannis)

To require the state Department of Health to collect information on pharmaceutical company expenditures over seventy five dollars incurred in the marketing of prescription drugs and to create a free guide on pharmaceutical drug manufacturer and wholesaler gifts to health care providers in order to inform consumers.
Business Council opposes
Senate Finance, Assembly Codes

INSURANCE

NYPIUA
S.5739 (Rules) / A.8818 (Grannis)

Extends for one year the authority of the New York Property Insurance Underwriting Association.
Business Council supports
Passed both houses

Medical Malpractice Insurance
S.3668 (Rules) / A.6842 (Rules)

Extends from June 30, 2005 to June 30, 2007 the hospital excess medical malpractice liability insurance program and the provisions requiring the Superintendent of Insurance to set medical malpractice insurance rates.
Business Council has no position
Passed both houses, Chapter 58

Derivatives
S.5770 (Rules) / A.2843 (Grannis)

Extends for two years (to 6/30/07) insurers authority to enter into derivative transactions.
Business Council supports
Passed both houses - Delivered to the Governor on 6/24/05

Foreign Investments
S.5769 (Rules) / A.2840-A (Grannis)

Increases from 8 to 9% of admitted assets, the aggregate foreign country investment limits for life insurers.
Business Council supports
Passed both houses

Licensing Fees
S.3669 (Rules) / A.6843 (Rules)

Increases, from $20 to $40, the annual licensing fee for property/casualty and life agents and brokers. The licensing fee for non-resident intermediaries is increased from $100 to $500.
Business Council opposes
Passed both houses, Chapter 59.

Decertifying Health Care Providers
S.5784 (Seward) / A.8376-A (Diaz)

Directs the Superintendent of Insurance to establish a process for decertifying health care providers who engage in deceptive billing or fraudulent practices and making them ineligible to submit bills or claims for payment under the no-fault auto insurance program.
Business Council supports
Passed both houses

Limits on Surplus
S.5888 (Seward) / A.7559-B (Grannis)

Revises the formula used to establish a limit on the accumulation of surplus for certain domestic life companies.
Business Council supports
Passed both houses

Medical Malpractice
S.4096-A (Seward) / A.7558-A (Grannis)

Removes until July 1, 2008 a requirement that the Medical Malpractice Insurance Plan make available a second layer of medical malpractice coverage.
Business Council has no position
Passed both houses

File and Serve
S.4854-A (DeFrancisco) / A.7255-B (Weinstein)

Requires the purchasing of an index number before serving the summons issued by certain courts. Some attorneys serve numerous summonses without ever purchasing an index number.
Business Council supports
Passed both houses

Workers Compensation
S.4179-A (Skelos) / A.3356-A (John)

Amends the Worker’s Compensation Law to redefine "premium" to alleviate the inequity in the contributions to special disability fund and administration expenses of the Worker’s Compensation Board.
Business Council supports
Senate and Assembly Labor Committees

Viatical Settlements
S.5476-B (DeFrancisco) / A.8785-A (Grannis)

Expands the definition of viatical settlements.
Business Council supports
Senate and Assembly Insurance Committees

Current Procedural Terminology
S.4392-A (Spano) / A.7351-A (Bradley)

Requires insurers to adhere to the AMA’s Current Procedural Terminology.
Business Council has some concerns with the legislation
Senate Insurance Committee, Passed Assembly

LABOR AND HUMAN RESOURCES
Staff Contact: Tom Minnick

"Card Check" at residential facilities for the disabled
S.3008 (Spano) / A.3292 (John)

Would permit operators of these type facilities and employees to enter into agreements conferring collective bargaining representation through the use of "card check."
Business Council opposes
Passed both houses

Paid Family Leave - "Families in the Workplace Act"
S.1501 (Morahan) / A.1301 (Nolan)

Would allow disability insurance payments to non-disabled persons on federal family medical leave. Would require employers to provide bereavement leave, school visit leave and miscellaneous medical leave.
Business Council opposes
Passed Assembly only, Senate Labor Committee

Enhanced Whistleblower Protection
S.3893 (Maziarz) / A.7185 (John)

Provides additional protections to employees from retaliatory actions by employers when illegal business activities are reported.
Business Council opposes
Passed Assembly only, Senate calendar

Waiver of striker's UI waiting period
S.654 (Marcellino) / A.1302 (Nolan)

Would waive the seven week unemployment insurance waiting period for strikers if the employer hires replacement workers.
Business Council opposes
Passed Senate only, Assembly Labor Committee

Access to Personnel Files
S.3597 (Maltese) / A.4411 (Heastie)

Would require employers to allow employee access and copying of Personnel files.
Business Council is reviewing this bill
Passed Senate only, Assembly Codes Committee

Mandated Leave for Blood Donation
S.514 (Nozzolio) / A.5497 (Gottfried)

Would require employers of 20 or more employees to grant employees three hours leave per year to donate blood.
Business Council is reviewing this bill
Passed Assembly only, Senate Labor Committee

Nurses Overtime
S.169 (Morahan) / A.1199 (Nolan)

Would prohibit employers from assigning overtime to RNs and LPNs except for natural or other disasters.
Business Council opposes
Senate Labor Committee, Assembly Codes

Use of Public Funds/Union Elections
A.3350 (John)

Would prohibit employers from using public funds to communicate with employees about a union election.
Business Council opposes
Assembly calendar

Work Reduction Notice Act
A.2115 (Eddington)

Would require employers to provide a 60 day notice if at least ten percent of employees are reclassified from full to part time.
Business Council opposes
Assembly calendar

OCCUPATIONAL SAFETY AND HEALTH

"Toxic Mold" Task Force
S.1771-B (Marcellino)

Creates a "toxic mold task force" under the Public Health Law to assess adverse environmental and health impacts; assess scientific data on exposure limits to mold in indoor environments; determine methods for the control of mold; identify measures to mitigate mold; report to the Governor and legislature by 11/30/06.
Business Council has no position
Passed both houses

OSHA Training Course
S.3013 (Fuschillo)

Requires specifications and contracts for public work to contain provisions requiring workers to be certified as having completed OSHA 10 hour safety course.
Business Council supports
Passed both houses

Cardiac Defibrillator Training
A.112 (Weisenberg)

Relating to requiring a cardiac defibrillator at facilities able to hold 1,000 or more people and at least one person who is trained in its proper operation and use; exception.
Business Council is reviewing this bill
Passed both houses

Licensing of Occupational Safety and Hygiene Professionals
A.3309 (Morelle)

To establish requirements for and licensing of industrial hygiene and safety professionals.
Business Council supports
Assembly Higher Education, Senate Higher Education

SMALL BUSINESS

Small Business Compliance Guides
S.688 (Maziarz)

Requires agencies to prepare compliance guides for small business that are subject to their regulatory programs; largely replicates requirements of the federal "Small Business Regulatory Enforcement Fairness Act of 1996."
Business Council has no position
Passed both houses

Installment Payments
A.7061-A (Christensen)

Allows small businesses to pay any fee or civil penalty over $3,000 owed to state agencies in quarterly installment payments; such payments would be subject to interest, and the agency may require the business to post financial assurance.
Business Council supports
Passed both houses

Small Business Advisory Board
A.8633 (Weprin)

Requires existing Small Business Advisory Board to identify cost-effective ways to simplify access to State government funding programs for small businesses; requires all agencies to have a small business ombudsman.
Business Council supports
Passed both houses

Tax Exempt Car Washes
A.5521 (Schimminger)

Exempts receipts from coin-operated or fully automated car washing, waxing or vacuuming facilities from sales and compensating use taxes.
Business Council supports
Passed both houses

GORR Analysis of Small Business Regulations
S.5632 (Alesi)

Requires the governor's office of regulatory reform to examine the impact of proposed regulations on small businesses.
Business Council supports
Passed both houses

Notice Requirements for LLC and Partnerships
S.85-A (Skelos)

Relating to clarifying the publication of notice requirements for limited liability companies and partnerships.
Business Council supports
Passed both houses

CDL Reform
A.7535 (Gantt)

Authorizes the use of a class D driver's license to operate any truck with a gross vehicle weight rating of not more than 26,000 pounds.
Business Council supports
Passed both houses

Vendor Sales Tax Credit
S.2625 (Alesi)

Increases rate applied to determine amount of vendor sales tax collection credit and raises maximum cap on such credit for each tax period.
Business Council supports
Senate Investigations and Gov't Operations, Assembly Ways and Means

Expanded Bottle Bill
A.2517 (DiNapoli)

Relates to returnable beverage containers; repealer.
Business Council opposes
Passed Assembly, Senate Rules

TAXATION

Single Sales Factor
S.3671 (Rules) / A.6845 (Rules)

Replaces current Article 9-A Double Weighting of Receipts (Sales) Apportionment Formula with Single Sales Factor Apportionment (SSFA) Formula as follows: 2006 - Triple Weighting of Receipts; 2007 - Octople Weighting of Receipts; 2008 and thereafter - SSFA. Replaces current Article 32 Double Weighting of Receipts/Double Weighting of Deposits/Single Weighting of Payroll Apportionment Formula for banks that substantially provide management, administrative, or distribution services to an investment company with SSFA as follows: 2006 - .5 Receipts/.33 Deposits/.17 Payroll; 2007 - .7 Receipts/.2 Deposits/.1 Payroll; 2008 and thereafter - SSFA. Adoption of Single Sales Factor Apportionment was a top priority issue of The Business Council.
Business Council supports
Signed into Law as Chapter 61 on April 12, 2005

Other items in S.3671 / A.6845 were:

The Article 9-A tax rate on small businesses was reduced from 6.85% to 6.5%, the small business definition was increased from firms w/ up to $290K Entire Net Income (ENI) to firms w/ up to $390K ENI, the application of the small business tax rate was increased from the first $200K ENI to the first $290K ENI, and the benefit of the small business tax rate is now recaptured on income above $350K ENI (up from $250K ENI).
Repeal of the $110 Sales and Use Tax (SUT) clothing exemption and repeal of the local authorization of a local $110 SUT clothing exemption for the period April 1, 2005 through March 31, 2006.
Direction to the Department of Taxation & Finance to enforce the constitutionally valid tobacco and fuel tax regulations on wholesalers whose product is sold to non-Native Americans on reservations effective September 1, 2005.
Increase of the limited liability company filing fees effective January 1, 2005 through December 31, 2006 to $100 for the per member fee, to $500 for the minimum fee per entity, and to $25,000 for the maximum fee per entity.
Increase of the maximum Article 9-A business capital alternative tax for non-manufacturers to $1,000,000.
Institution of tax shelter reporting requirements and penalties.
Creation of a qualified emerging technology company facilities, operations, and training credit.
Revision and extension of the Empire Zones program.
Increase by five cents to thirty cents of the additional mortgage recording tax rate in the twelve-county Metropolitan Commuter Transportation District (MCTD).
Increase of the MCTD SUT rate to three-eights of one percent.

Budget Chapter Amendment
S.4271 (Budget) / A.7298 (Budget)
Modifies Chapter 61 to:

Clarify application of SSFA in Article 9-A.
Clarifies the Qualified Emerging Technology Company Facilities, Operations, and Training Credit to create an eighteen percent credit for research and development property, a nine percent credit for research expenses, and a credit equal to qualified training expenses, up to $4,000 per employee annually.
Qualifies the March 31,2005 expiration date of the repeal of the $110 clothing SUT exemption upon the 2006-2007 Executive Budget not containing any tax reductions while providing for two seven-day long clothing exemptions to be held from the Tuesday immediately preceding Labor Day through Labor Day and from the last Monday of January through the following Sunday.
Defers the effective date of the tobacco and fuel tax enforcement provisions until March 1, 2006.
Revises the Chapter 61 amendments to the Empire Zone program so that changes to the zone boundaries affect all taxpayers and changes to eligibility and benefits apply to taxpayers certified after March 31, 2005.
Amends the Tax Shelter Reporting requirements for taxpayers or advisors engaging in abusive tax shelters to provide copies of their Federal reports to the Commissioner of Taxation & Finance. A period from 10/1/5 through 3/1/6 is provided when taxpayers may avoid substantial new penalties by voluntarily disclosing participation in such a shelter and filing amended returns for the liability periods affected. Taxes covered are Articles 9, 9-A, 22, 30, 32, and 33.
Business Council supports SSFA as a top priority issue
Signed into Law as Chapter 63 on April 13, 2005

NYC UBT
S.5568 (Marchi) / A.8434 (Nolan, et al.)

Conforms the NYC Unincorporated Business Tax (UBT) to the NYC General Corporation Tax (GCT) with respect to the source of receipts from personal services and inclusion of rented tangible personal property in the property allocation factor.
Business Council supports
Passed both houses

Westchester Commercial Assessment Ratio
A.5793 (Bradley, et al.) / S.3368 (Spano)

Requires the Office of Real Property Services (ORPS) to calculate a special commercial assessment ratio for Major Type B property in Westchester County and authorizes the special commercial assessment ratio to be entered into evidence in an Article 7 certiorari case brought by Major Type B property owners.
Business Council opposes
Died on Assembly Rules Calendar, Died in Senate Local Government Committee

Suffolk Commercial Assessment Ratio
A.3114 (Sweeney)

Requires the ORPS to calculate a special commercial assessment ratio for Major Type B property in Suffolk County and authorizes the special commercial assessment ratio to be entered into evidence in an Article 7 certiorari case brought by Major Type B property owners.
Business Council opposes
Died in Senate Committee on Rules

Fuel Cell Credit
A.5881-B (Tonko)

Provides fuel cell tax credits of up to $1,500 per unit for businesses (other than utilities) that purchase fuel cell electricity generating units with a capacity between one kilowatt and twenty-five kilowatts of electricity used to produce on-site energy.
Business Council has no position
Passed both houses

Clean Fuel Vehicle Credit
S.5565-A (Wright)

Allows a 50 percent clean vehicle fueling equipment tax credit for the cost of installing refueling equipment for "clean-fuel vehicles," with "clean-fuel" defined as natural gas, liquefied petroleum gas, hydrogen, electricity, and any other fuel which is at least eighty-five percent, singly or in combination, methanol, ethanol, any other alcohol, or ether.
Business Council has no position
Passed both houses

Article 7 Certiorari Venue
S.1767 (Bonacic) / A.5514 (Parment)

Substitutes the Division of Tax Appeals for the Supreme Court as the venue for Article 7 certiorari cases for non-residential property owners of parcels with an equalized full market value of $1 million or more.
Business Council supports
Died in Senate Local Government Committee, Died in Assembly Real Property Tax Committee

TELECOMMUNICATIONS

Carrier Switch Study
S.4585-A (Leibell) / A.2103-B (Brodsky)

Requires the Public Service Commission to do a study to determine the actual costs to telephone providers in switching or terminating customers.
Business Council has no position
Passed both houses, Delivered to the Governor 6/30/05

Termination of Wireless Equipment Insurance
S.5842 (Seward) / A.8513 (Grannis)

Establishes requirements for the changing or cancelling wireless communications equipment insurance.
Business Council has no position
Passed both houses

Wireless Phone Numbers
S.2963-A (Lavalle) / A.7180-A (Dinowitz)

Prohibits persons from obtaining phone numbers from a wireless telephone service provider without permission for the purpose of creating a directory.
Business Council has no position
Passed both houses

Modem Hijacking
S.3249-B (Wright) / A.5608-B (Brodsky)

Allows the Attorney General and telecommunications carrier, internet service provider, computer software provider, or voice over internet protocol provider to bring a civil action against modem hijackers to recover the costs for the unauthorized use of telephone numbers.
Business Council supports
Senate Rules Committee, Passed Assembly

Equal Access to Buildings
S.3252 (Wright) / A.6524 (Brodsky)

Prohibits building owners from discriminating against telephone companies wishing to provide services to tenants in multi-tenant properties.
Business Council supports
Senate Energy Committee, On Assembly Calendar

Service Standards
S.5910 (Spano) / A.8979 (Tonko)

Establishes service standards for customers of telephone corporations providing local exchange services.
Business Council opposes
Senate Rules Committee, Assembly Calendar

Free or Reduced-Cost Services
S.5690 (Wright) / A.8842 (Brodsky)

Permits telephone companies to offer free or reduced-cost non-basic services to new and existing customers to induce them to maintain such services.
Business Council supports
Senate Rules Committee, Assembly Ways & Means Committee

UNEMPLOYMENT COMPENSATION

Federal Conformity Anti-Dumping
S.5748 (Maziarz) / A.8828 (Rules, request of John)

Brings New York into conformity with Public Law No. 108-295, the State Unemployment Tax Act (SUTA) Dumping Prevention Act of 2004, which President Bush signed into law on August 9, 2004.
This legislation is required under Federal law, and as such, Business Council has no position
Passed both houses

WORKERS' COMPENSATION

Loans to the Workers' Comp Security Fund
S.5248 (Rules) / A.7708 (Grannis)

Authorizes the superintendent of insurance to make loans from insurer liquidation estates to the workers' compensation security fund.
Business Council has no position
Passed both houses, Signed into law by the Governor, Chapter 33

Volunteer firefighters / Ambulance Workers Benefit Increases
S.593-A (Seward) / A.7688 (Sweeney)

Amends the volunteer ambulance workers' benefit law and volunteer firefighters' benefit law to provide an increase in death benefits based on adjustments to the consumer price index since benefits were last increased.
Business Council is reviewing the bill
Passed both houses

Alternative Dispute Resolution Extender
S.2173 (Maziarz) / A.5502 (John)

Amends chapter 491 of the laws of 1995 to permit the establishment of an alternative dispute resolution system to resolve workers' compensation claims through collective bargaining agreements, in relation to extending the expiration date for five years.
Business Council is reviewing the bill
Passed both houses

Workers' Comp Referees
S.4184 (Maziarz) / A.5398 (Abbate, Jr.)

Permits workers' compensation referees to engage in any employment that does not conflict with the proper performance of the duties of such referee's office.
Business Council has no position
Passed both houses

Reducing Second Injury Fund Assessments
S.3531 (Winner) / A.6703 (Weprin)

Reduces the assessments for the second injury fund from 150% to 110% of previous year's disbursements.
Business Council supports
Senate and Assembly Labor Committees

Assessment Methodology for Self-Insured Trusts
S.5612 (Winner) / A.8713 (Farrell)

Changes the methodology, but not total payments, for assessments collected from self-insured trusts.
Business Council supports
Passed Assembly only, Senate Calendar

Assessment Methodology for Commercial Insurance Carriers
S.4179 (Skelos) / A.3356 (John)

Amends the workers' compensation law to redefine "premium" to be consistent with the definition of premium as promulgated by the New York compensation insurance rating board, and as approved by the superintendent of insurance.
Business Council supports
Senate Labor, Assembly Labor Committees

Fundamental Workers' Comp Reforms
S.5064 (Meier)

500 week schedule for permanent partial disability, objective medical guidelines, integration of social security and pension benefits.
Business Council supports
Senate Labor Committee

Workers' Comp Benefit Increase
A.8764 (John)

Increases benefits in $75 increments to $625; then ties it to the average weekly wage, allows a union to negotiate a different comp carrier, attorney fees for controverted cases, drug/durable medical equipment fee schedule, etc.
Business Council opposes
Assembly Labor Committee

Lyme Disease Designated as Occupational Disease
S.718 (LaValle) / A.1458 (Brodsky)

Would designate lyme disease as one of thirty occupational diseases enumerated in the workers' comp law that are presumed to result from the nature of the employment.
Business Council opposes
Passed Senate only, Assembly Labor

Adoption of GAAP for Self-Insured Trusts
S.4950 (Maziarz) / A.8724 (Rules at the request of John)

Amends the workers compensation law to require self-insured group plans to be in accordance with generally accepted accounting principles (GAAP).
Business Council has no position
Senate Labor, Assembly Labor Committees

World Trade Center
S.4818 (Maziarz) / A.3163 (John)

Amends the workers' compensation law, in relation to compensation for death, permanent or temporary partial disability, or for permanent or temporary total disability due to an accident or disablement resulting from an occupational disease or injury that occurs as a result of rescue activity by an employee of a voluntary hospital at or in the vicinity of the site of the September eleventh, two thousand one terrorist attack on the World Trade Center.
Business Council is reviewing the bill
Passed Assembly only, Senate Calendar

OTHER ISSUES
Staff Contact: Ken Pokalsky

Public Authorities Reform Act
S.5927 (Leibell)

Shifts executive authority from the board chairmen to the authority president or executive director. Requires authorities to reports compensation of all officers, directors and/or employees earning over $100,000; specific projects undertaken by the authority; listing of all real property holdings valued over $15,000, a copy of the authority's "code of ethics;" an assessment of the authority's internal control structure. Requires independent audits. Requires board to: adopt code of ethics; participate in state training on legal, fiduciary, financial and ethical obligations. Requires independent board members. Creates Authority Budget Office, Office of State Inspector General.
Business Council has no position
Passed both houses

Ethics Commission Jurisdiction
A.4975-A (Destito)

Closes the so-called "Flynn" exemption, extends jurisdiction of the State Ethics Commission to former State officers and employees, former candidates for State-wide elected office and former political party chairs with respect to actions taken by those individuals while in State service or party office, or as candidates.
Business Council has no position
Passed both houses

Foil Disclosure Protection
S.5129-A (Flanagan) / A.8009 (Paulin)

Would have limited FOIL disclosure protection for "trade secrets" to one year's duration; entities would have to re-apply for protection every six months thereafter.
Business Council opposes
Senate Calendar, Assembly Governmental Operations Committee