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Government Affairs Albany Update

March 31, 2006

Budget Update

Following are three separate links that provide more details about the legislature's adoption of a 2006-07 state budget:

New Anti-Outsourcing Legislation
Staff Contact: Ken Pokalsky

Senator George Maziarz, chair of the Senate Labor Committee, has introduced new legislation (S.7132) that would put new contract requirements on state contractors that perform business operations overseas. Under this bill, state contracts for "personal services" valued over $500,000 would be required to contain language requiring the contractor, and any subcontractors, to report on the following: description of the work under the contract performed outside the US; location where such work is performed; number of overseas workers used, hours worked, wages and benefits paid; percentage of the contract work performed outside the US. This requirement would apply to all contracts entered into on or after 4/1/07 by state agencies, public authorities, state legislature and judiciary, and other state offices/boards/divisions. The Business Council has a number of concerns regarding this legislation, including the additional cost and administrative burden imposed on contractors; an additional disincentive to bid on NYS contracts; and the unclear value or application of the reported data. In addition, the bill refers to expenditures for "labor and services" to be performed under the contract, with no definition of what constitutes a "service". This bill is on the Senate Labor Committee agenda for next week.

Electronics Recycling Legislation
Staff Contact: Ken Pokalsky

The legislature has introduced a new bill (S.7165 Marcellino/A.3200-A Colton) that could impose significant new burdens on manufacturers of electronic equipment. It requires manufacturers to pay an annual recycling fee to the state, based on the weight of products sold (50 cents per pound)or implement their own product recovery program (approvable by the state; businesses can enter into cooperative multi-company plans). These businesses, however, are prohibited from charging consumers a direct fee for their product recycling programs. Non-complying manufacturers would be prohibited from selling covered products in NYS. While the bill specifically mentions computers and televisions, it allows the Department of Environmental Conservation to extend this program to other product categories. Similar legislation is moving forward in other states (Washington, Oregon), and the Council of Northeast Governors is developing similar model legislation to be considered region wide. We would appreciate receiving your input on this proposed legislation, as well as information on similar legislation being considered in other jurisdictions.

Staff Contact: Ken Pokalsky

Monday, April 3, Senate Standing Committee on Judiciary, To receive comments on S. 5936, S. 5938, S. 5961A and draft legislation pertaining to eminent domain Place: VanBuren Hearing Room A, Legislative Office Building, 2nd Floor, Albany, New York Time: 10:00 A.M. Contact: Carole Luther (518) 455-3511 Media Contact: Deanna Ho (315) 428-7632 ORAL TESTIMONY BY INVITATION ONLY.