2006 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
Transportation
Unemployment Compensation
Workers' Compensation
Other Issues
- Alternative Energy
- Reform
- Outsourcing
- Debt Reform

HEALTH
Staff Contact: Mark Amodeo

Extension of sole proprietor law
S.6015-B (Seward) / A.9308-A (Morelle)

Extends the sole proprietor law two years to December 31, 2008. Changes the amount that a sole proprietor can be charged above the group rate from 120% under the old law, to 115%.
Business Council supports.
Passed both houses.

Union benefit plans gain access to Healthy New York
S.8448 (Rules) / A.12014 (Grannis)

Allows union benefit plans access to the Healthy New York program, which was established to help small business provide health insurance coverage to their workforce.
Business Council opposes.
Passed both houses.

Public health care recipients to provide information about their employer
S.6682 (Maziarz) / A.10357-A (John)

Requires applicants for health care coverage under the child health plus program, family health plus program, Medicaid, Healthy New York and any person requesting uncompensated care from a hospital to provide detailed information about their employer. The Department of Health will identify employers with twenty-five or more employees receiving public assistance.
Passed both houses.

Medicaid fraud
S.8450 (Skelos) / A.12015 (Gottfried)

Creates a new office of Medicaid Inspector General by consolidating staff from six agencies. Establishes new protocols and procedures to ensure the effective sharing of information and evidence regarding Medicaid fraud and creates new health care fraud offenses to aid in the criminal prosecution of Medicaid fraud.
Business Council supports.
Passed both houses.

Brooklyn healthworks
S.8449 (Golden) / A.12007-A (Lentol)

Establishes the Brooklyn healthworks pilot program commencing on July 1, 2006. The Superintendent of Insurance will access funding from the small employer stop loss fund and the qualifying individual stop loss fund for the support of Brooklyn healthworks and the establishment of a pilot program to be located in upstate New York.
Business Council supports.
Passed both houses.

Processing of claims
S.8417 (Spano) / A.11996 (Bradley)

To establish rules relating to the processing of health insurance claims and over payments to physicians. The legislation requires health plans to accept and initiate the processing of all health care claims submitted by a physician pursuant to and consistent with the current version of the American Medical Association's current procedural terminology (CPT) codes.
Passed both houses.

Automatic external defibrillators
S.7001-C (Alesi) / A.10029-B (Weisenberg)

Requires places of public assembly to maintain an automated external defibrillator and to have at least one employee who is trained in its use. Defines public assembly as having an occupancy level of 1,000 people.
Passed both houses.

Coverage of Autism services
S.784-B (Fuschillo) / A.699-B (Pheffer)

Adds a provision stating that every policy which provides coverage for hospital, surgical, or medical care coverage shall not exclude coverage for diagnosis and treatment of medical conditions otherwise covered by the policy solely because the treatment is provided to diagnose or treat autism spectrum disorder.
Passed both houses.

Radiologic technology
S.5606-A (Hannon) / A.4882-B (Pretlow)

To replace Article 35 of the Public Health Law, "Practice of X-ray Technology" with a new Article to update language and add new requirements consistent with industry practice and create the license of nuclear medicine technologist.
Passed both houses.

Timothy’s law – mental health parity
S.8482 (Libous) / A.12080 (Tonko)

Mandates that health insurance policies include a base of 30 inpatient days and 20 outpatient days of treatment for mental illness. The state will pick up the costs for providing this coverage for any small business with 50 or fewer employees. The bill has a sunset of December 31, 2009.
This bill has been agreed to by Speaker Silver and Senator Bruno but has not passed yet.

MANDATED HEALTH INSURANCE BILLS

Mandated health insurance
S.7090 (Spano) / A.10583 (Gottfried)

So-called “Fair share” bill that mandates a $3 per hour assessment on businesses with 100 or more employees. The assessment increases with the medical consumer price index. Exempts manufacturers and agriculture.
Business Council opposes.
Stayed in Senate and Assembly Health Committees.

“Maryland” bill
S.7292 (Oppenheimer) / A.9534-B (O’Donnell)

Requires businesses with more than 10,000 employees to contribute the difference between the amount the employer spends on health care benefits for employees and either 6% (not-for-profit) or 8% (for profit) to the fair share health fund.
Business Council opposes.
Senate Health. Assembly Codes.

$3,000 per year tax
S.6989 (Rules) / A.11328 (Farrell)

Each quarter, employers contribute $750 per worker multiplied by the number of full time workers. Applies to employers who do not pay at least 80% of the employee’s health insurance premium.
Business Council opposes.
Senate and Assembly Labor Committees.

Employer inventory of their workforce
S.6645 (Maziarz) / A.10357 (John)

Requires businesses with more than 200 employees to inventory their workforce to determine how many are on public health insurance programs like Family Health Plus, Child Health Plus, or Healthy New York.
Business Council opposes.
Died on Senate calendar. No action in the Assembly.

“Massachusetts” bill
S.7676 (Padavan)

Virutally identical to the new law in Massachusetts.
Stayed in Senate Health.

State Commission on Universal Health Coverage
A.6575-A (Gottfried)

Creates the temporary state commission on universal health coverage to examine, evaluate and make recommendations concerning mechanisms for providing comprehensive, affordable, quality health coverage to all New Yorkers while controlling costs and ensuring freedom of choice for consumers.
Passed Assembly. No action in the Senate.

OTHER HEALTH BILLS OF INTEREST

Mail order prescriptions
S.8265-A (Volker) / A.11808-A (Grannis)

Limits the use of mail order prescriptions by allowing an individual choice of local pharmacy.
Business Council opposes.
Passed Assembly. Stayed in Senate Rules.

Marketing disclosure of pharmaceutical reps
S.696-E (Maziarz) / A.5574-E (Grannis)

Requires pharmaceutical manufacturers and wholesalers to annually disclose gifts of more than $75 to health practitioners.
Business Council opposes.
Passed Assembly. Stayed in Senate Finance.

Health insurance mandate commission – Senate version
S.8481 (Seward)

The bill amends the insurance law by adding a containment commission within the state insurance department to study and report on proposed health insurance coverage mandates. Specifically, the commission must undertake the following activities when evaluating proposed mandated benefits: (1) investigate the current practices of health plans, (2) investigate the potential premium impact as well as the potential for avoided costs, and (3) analyze current medical literature to determine the impact on health care quality.
Business Council supports.
Stayed in Senate Rules.

Health insurance mandate commission – Assembly version
A.8816 (Grannis)

Same provision as the Senate version described above, with an additional provision to require the Superintendent of Insurance to approve insurers rate requests when the request exceeds five percent.
Business Council opposes.
Passed Assembly.

WORKERS' COMPENSATION

Assessments for self-insured trusts
S.5612-B (Winner) / A.8713-B (Farrell)

Places self-insured trusts on the same basis as commercial insurance carriers as it relates to payment of assessments to support the workers’ compensation special funds. Chapter 188 of the laws of 1999 changed the formula for the payment of costs borne by commercial carriers. This change was made in response to a change in an accounting standard which became effective in 1998, and was issued by the Financial Accounting Standards Board (FASB). The legislation also increases the level for medical authorization from $500 to $1200.
Business Council supports.
Passed both houses.

World trade center – rescue, recovery and clean-up
S.8348 (Marchi) / A.11944 (Bing)

The purpose of this bill is open the window for filing claims by
participants in World Trade Center rescue, recovery and clean-up operations
following the September 11, 2001 attacks for latent conditions
and illnesses by treating such claims filings in a similar manner to
claims for occupational disease. The bill also addresses specific issues regarding claims of those who participated as employees and those that participated as volunteers.
Passed both houses.

Payment to hospitals for spinal procedures
S.5728-C (Rules) / A.8840-C (John)

This bill amends section 13 of the Workers' Compensation Law to provide for the rates of payment to general hospitals for the treatment and care of injured employees under workers' compensation for certain spinal procedures.
Passed both houses.

Partner of limited liability companies
S.6435 (Maltese) / A.7066 (Colton)

Includes partners of limited liability partnerships and members of limited liability companies or professional service limited liability companies in the statutory description of individuals who may elect to
include themselves for workers' compensation coverage.
Passed both houses.

COLA for volunteer firefighters
S.1072-B (Alesi) / A.3092-A (Morelle)

To provide for a cost-of-living adjustment to benefits received by disabled volunteer firefighters in New York State.
Passed both houses.

Lyme disease as an occupational disease
S.718-A (Lavalle) / A.1458-A (Brodsky)

Adds Lyme Disease to those occupational diseases which are
compensable under the Workers' Compensation Law.
Passed both houses.

Fundamental Workers’ comp reform
Governor’s Executive Budget Bill
S.6461 / A.9561

Creates a system of tiered benefit levels for unscheduled injuries, including "permanent partial" injuries; increase maximum weekly benefits by 25 percent to $500; increase the maximum disability benefit by 100 percent, to $340 per week; establish objective medical guidelines to evaluate injuries and illnesses in workers' comp cases; authorize comprehensive fee schedules for medical goods and pharmaceuticals; improve anti-fraud efforts; reduce frivolous claims against the Second Injury Fund; expands the Alternate Dispute Resolution program; others.
Business Council supports.
Did not pass either house.

Workers’ compensation improvement act
S.6212 (Alesi) / A.12000 (Morelle)

Creates a system of tiered benefit levels for unscheduled injuries, including "permanent partial" injuries; increase maximum weekly benefits to $550; establish objective medical guidelines to evaluate injuries and illnesses in workers' comp cases; authorize fee schedules for pharmaceuticals; creates pension / SSI offset; ease creation of preferred provider organizations; modifies labor law 240-241.
Business Council supports.
Stayed in Assembly Labor and Senate Rules Committee.

Workers’ comp benefit increase
S.7810 (Spano) / A.8764-A (John)

Increases maximum benefits in $75 increments to $625, then ties cap to the average weekly wage; allows unions to negotiate a different comp carrier; provides for attorney fees for controverted cases; drug/durable medical equipment fee schedule, etc.
Business Council opposes.
Stayed in Senate and Assembly Labor Committees.

Workers’ comp and Labor Law 240-241 reform
A.9693-A (Kolb)

Enacts broad workers’ comp program reforms, bases permanent partial awards on objective medical ratings, raises maximum weekly benefit to $600, establishes fee schedule and co-pays for pharmaceuticals, increases the prior authorization threshold to $1000, reduces the second injury fund assessment; imposes proportional liability on "scaffold law" claims.
Stayed in Assembly Labor.

State Insurance Fund coverage for liability coverage
S.3209 (Maziarz) / A.8354-A (John)

The bill relates to providing Labor law 240 and 241 liability coverage for owner contractors through the State Insurance Fund.
Stayed on Senate calendar; Assembly Labor.

ECONOMIC DEVELOPMENT
Staff Contact: Ken Pokalsky

Power for Jobs
S.8440 (Wright) / A.12013 (Rules/Tonko)

Extends Power for Jobs and Energy Benefit Cost Savings programs through 6/30/07; allows for restitution of excess PfJ power costs during 2006; allows PfJ participants to elect savings rebate instead of contract extensions.
Business Council supports.
Passed both houses.

Project Funding
S.8470 (Budget) / A.12044 (Budget) and S.8471 (Budget) / A.12045 (Budget)

Increases UDC debt authority by $1.3 billion.
Provides a total of $650 million for development of a semiconductor manufacturing facility; $300 million for unspecified “community revitalization projects;” $99.5 million for a consolidated state data center; $40 million for a state food testing laboratory; $22 million for high speed rail projects; and others.
Business Council has no position.
Passed both houses.

IDA Civic Facility Authority
S.8335 (Rules) / A.11894 (Rules/Sweeney)

Extends authority for IDAs to finance “civic facilities” by one year, through 7/1/07
Business Council supports.
Passed both houses.

IDA Restrictions
S.7391-A (Maziarz) / A.10787 (Sweeney)

Imposes additional restrictions and mandates on IDA assisted projects, including: prevailing wage requirements for construction jobs and “living wage”requirements for permanent jobs; requires duplicative “community impact assessments;” onerous benefit suspension and “clawback” provisions; restrictions on consideration of “job retention” as justification for assistance; and others
Business Council opposes.
Senate Local Governments Committee; Passed Assembly.

IDA Reform/Extension
S.5798 (Little)

increases the financing cap on civic facility projects to $100 million; requires an independent, comprehensive report evaluating the activities of IDAs; extend provisions of the general municipal law governing IDAs to July 1, 2008.
Business Council supports.
Senate Local Governments Committee.

Brownfield Tax Credits
S.8297-A (Spano) / A.11993 (Rules/Pretlow)

Clarifies that condos and co-ops constitute "qualified tangible property," and therefore are eligible for the tangible property credit component of the state brownfield redevelopment tax credit.
Business Council supports.
Passed both houses.

Mandatory Job Postings
S.3358 (Trunzo) / A.1737 (Eddington)

Requires employers of more than 20 employees to post all job vacancies with the state’s job services; applies to entities that receives state economic development aid or any tax incentives, or with state contract valued at $250,000 or more.
Business Council opposes.
Passed both houses.

ENERGY
Staff Contact: Ken Pokalsky

Power for Jobs
A.12013 (Rules/Tonko) / S.8440 (Wright)

Extends both the Power for Jobs and the Energy Cost Savings Benefits programs through 6/30/07. Requires a $100 million contribution from NYPA to the general fund.
Business Council supports (Vote for Jobs index).
Passed Both Houses

Utility Workers Certification
A.7513-A (Tonko) / S.4605-A (Wright)

Requires electric corporation employees who work on transmission and delivery systems to have graduated from a state and/or federally certified apprenticeship training program.
Business Council opposes.
In Assembly Labor Committee, Passed Senate

Coastal Zone Management
A.11625-B (DiNapoli) / S.6549-B (LaValle)

Confers unilateral powers on the Secretary of State to approve or disapprove any “major project” or and project that is “located in an environmentally sensitive area” on Long Island.
Business Council opposes.
Passed Assembly, Senate Finance Committee

Power Plant Siting
S.4961 (Wright), A.9486 (Kolb)

In effect, these bills extend the pre-existing Article X power plant siting law. Provides a “one-stop” review process for electric power plants 80MW or larger.
Business Council supports (Vote for Jobs index).
Senate Energy Committee, Assembly Energy Committee.

A.10371-C (Tonko), S.848 (Parker)

Re-enact siting law; lower applicability threshold to 30MW; requires health impact, cumulative impacts, environmental justice and open space assessments; analysis of alternative sources; increases intervenor funding.
Business Council opposes (Vote for Jobs index).
Passed Assembly, Senate Energy Committee.

Eminent Domain
A.11937 (Rules/Canestrari) / S.8366 (Breslin)

Supports the taking of private commercial property for use by a quasi- governmental entity. Specifically, the bill allows the Green Island Power Authority to acquire, by eminent domain, the School Street
Hydroelectric Project.
Business Council opposes.
Passed Assembly, Senate Rules Committee.

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

Prohibits the zone pricing of gasoline.
Business Council opposes.
Assembly Economic Development Committee, Senate Rules Committee.

Geographic Divorcement
A.10588 (Abbate) / S.6636 (LaValle)

Limits the rights of petroleum refiners and producers to directly operate service stations that they might own, construct or purchase.
Business Council opposes.
Assembly Codes Committee, Passed Senate.

Utility Service
A.3204-A (Hoyt) / S.7485 (Wright)

Prohibits the termination of heat-related utility service when the temperature is below 32 degrees.
Business Council opposes.
Assembly Corporations Committee, Senate Rules Committee.

Dam Safety
A.11586 (Gunther)

Creates unfair and disproportionate burdens on private dam owners. Contains onerous financial assurance provisions that would create economic and operational disadvantages for hydropower facilities.
Business Council opposes.
Passed Assembly.

LABOR AND HUMAN RESOURCES
Staff Contact: Tom Minnick

Mandatory Public Sector Employer Violence Prevention Programs
S.6441 (Spano) / A.9691 (John)

would require public sector employers to develop and implement programs to prevent violence in the workplace and provide initial and annual training to all employees
Business Council opposed the version affecting the private sector
Passed both houses and Signed by the Governor

Leave for Spouses of active military personnel deployed during a conflict
S.7175-B (Maziarz) / A.10883-B (Cusick)

provides that spouses of military personnel deployed to a combat theater or combat zone be allowed up to 10 days of unpaid leave while their military spouses are on leave
Passed both houses

Listing job vacancies
S.3358 (Trunzo) / A.1737 (Eddington)

would require employers receiving state aid or performing state contracts to list all job vacancies through the New York State Department of Labor
Business Council opposed this bill
Passed both houses

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 opposed this bill
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
Passed Senate only / Assembly Codes Committee

Enhance whistleblower protections
S.3893 (Maziarz) / A.7185 (John)

would provide enhanced protection to employees from retaliatory action by employers who reasonably believe their employers committed an illegal business activity
Business Council opposed this bill
Senate Labor Committee / Passed Assembly only

Broadcast Employees Freedom to Work Act
S.4765 (Leibell) / A.3648 (John)

would not allow a broadcast industry employer to include non-compete provisions in an employment contract for on-air personnel
Business Council opposed this bill
Senate Labor Committee / Passed Assembly only

Mandatory leave to donate blood
S.514 (Nozzolio) / A.5497 (Gottfried)

would required employers with more than 20 employees to grant 3 hours leave in a calendar year to donate blood
Senate Labor Committee / Passed Assembly only

Class action or consolidated lawsuits
S.1743 (Balboni) / A.282 (Christensen)

would permit complaints filed with the Human Rights Division for unlawful discriminatory practices to be consolidated or filed as class actions
Senate Investigations and Government Operations Committee / Passed Assembly only

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

would allow disability insurance benefits to non-disabled persons on federal family medical leave and other leave
would require employers to allow sick pay or sick days to be used for school visits and to care for household members
would require employers to provide bereavement leave, school visit leave and miscellaneous medical leave
would eliminate the 5 day waiting period for receiving disability insurance benefits and trigger benefits on the 1st day
Business Council opposed this bill
Senate Labor Committee / Assembly cal.# 575

Increase maximum Disability Insurance benefit
S.3798-A (Leibell) / A.1305-A (Nolan)

would increase the maximum statutory disability benefit from the current $170 per week to $380 per week on July 1, 2007 and to $440 per week on July 1, 2008
Business Council opposed this bill
Senate cal. # 1314 / Assembly Ways & Means Committee

Employee Mail Order Pharmacy Bill of Rights
S.5456-A (Spano) / A.8420-A (Nolan)

would not permit employee prescription drug plans to charge less for mail orders or internet orders vs. walk-in pharmacy orders
Senate Labor Committee / Assembly Labor Committee

Restrictions on overtime assignments for Nurses
S.169 (Morahan) / A.1199 (Nolan)

would prohibit employers from assigning overtime work to RNs and LPNs without their consent except in the event of natural disasters
Business Council opposed this bill
Senate Labor Committee / Assembly Codes Committee.

ENVIRONMENT
Staff Contact: Ken Pokalsky

Spill Notification
S.7307-B (Libous) / A.10757-B (Lupardo)

Requires DEC to notify municipal officials within 48 hours of spills that "may threaten public health or environment.
Business Council opposes.
Passed both houses.

Site Investigations
S.7636-A (Winner) / A.10633-A (Lifton)

Requires notification to land owners of the results of environmental tests conducted by third parties. Affects state superfund, brownfield, and oil spill programs.
Business Council has no position.
Passed both houses.

Hazardous Waste Landfills
S.8107 (Maziarz) / A.11713 (DelMonte)

Prohibits approval of new or expanded hazardous waste management facilities in a location "with potential to discharge into the Great Lakes system." Affects commercial and “off-site” facilities.”
Business Council opposes.
Passed both houses.

Vehicle Dismantlers
S.8405 (LaValle) / A.7633-B (Eddington)

Regulates activities of vehicle dismantlers; applies to entities that receive more than 25 "end of life" vehicles per year, or stores more than 50 such vehicles at an given time.
Business Council supports.
Passed both houses.

Diesel Fuel & Vehicles
S.8185 (Marcellino) / A.11340 (Grannis)

Requires ultra low sulfur diesel fuel and best available technology for on- and off-road "heavy duty vehicles" (GVW of 8,500 lb. or more) that are owned by, operated by or on "behalf of," or leased by a state agency or a state or regional public authority.
Business Council has no position.
Passed both houses.

Creosote
S.7804 (Spano) / A.10737 (Brodsky)

Bans the manufacture, sale and use of creosote as a wood preservative; regulates disposal of wood treated with creosote; exempts wood used by railroads and for utility poles
Business Council has no position.
Passed both houses.

Brownfield Tax Credits
S.8297-A (Spano) / A.11993 (Rules/Pretlow)

Clarifies that condos and co-ops constitute "qualified tangible property," and therefore are eligible for the tangible property credit component of the state brownfield redevelopment tax credit.
Business Council supports.
Passed both houses.

Ocean Protection
S.8380 (Johnson) / A.10584-B (DiNapoli)

Enacts the "New York Ocean and Bays Protection Act." Establishes as the policy of the state to conserve, maintain and restore coastal ecosystems; to promote "sustainable" activities and uses; maintain their ecological integrity; and to apply "caution" when risks are uncertain. Establishes a New York Ocean and Great Lakes Ecosystem Conservation Council
Business Council has no position.
Passed both houses.

Great Lakes Water Withdrawals
S.8187 (Marcellino) / A.11968 (Rules/DiNapoli) (Governor Program # 113)

Enacts the Great Lakes-St. Lawrence river basin water resources compact; regional compact that establishes new criteria and procedures for approving water withdrawals and consumptive uses within the Great Lakes basin.
Business Council supports with amendments.
Senate Rules Committee; Passed Assembly.

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

Would extend state’s regulatory to all wetlands greater than 1 acre in size, allow regulation of smaller wetlands of local significance.
Business Council opposes.
Passed Assembly.

Real Property Transfer Tax
S.3153 (Marcellino) and A.6450-B (DiNapoli)

Similar bills authorize towns to impose real property transfer tax of up to 2% for purpose of creating open space protection funds.
Business Council opposes.
Senate Rules Committee; Passed Assembly.

Electronics Recycling
S.7165 (Marcellino) / A.3200-A (Colton)

Requires computer and TV manufacturers to either establish recovery and recycling programs, or pay fees to support state-financed programs.
see also S.8181 (Marcellino) / A.11330-A (Colton).
Business Council opposes.
Senate Rules Committee; Assembly EnCon Committee.

TELECOMMUNICATIONS

Anti-Phishing Act
A.8025-C (Brodsky) / S.5370-C (Fuschillo)

Prohibits the misuse of the internet to obtain identifying information by misrepresenting oneself as an online business.
Business Council supports.
Chapter 64, Laws of 2006.

Telecommunications Service Incentives
A.8842 (Rules/Brodsky) / S.5690 (Wright)

Permits telephone companies to offer free or reduced non-basic services to new and existing customers.
Business Council supports.
Passed Both Houses.

Broadband Deployment
A.5633-C (Koon) / S.2747-C (Winner)

Directs the Department of Economic Development to recommend financial and other incentives and programs for deployment of broadband services in support of economic development in under- served rural areas of the state.
Business Council has no position.
Passed Both Houses.

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

Allows the Attorney General, telecommunications service provider, computer software provider, or voice over internet protocol (VoIP) provider to bring civil action against modem hijackers to recover costs for the unauthorized use of telephone numbers.
Business Council supports.
Passed Both Houses.

VoIP 911
A.7932-A (Brodsky) / S.6865-A (Spano)

Requires voice over internet protocol telecommunications service providers to clearly and conspicuously inform prospective and current customers of the limitations of the 911 emergency call services they offer.
Business Council opposes.
Passed Assembly, Senate Rules Committee.

Multi-Tenant Building Access
A.6524 (Brodsky) / S.3253 (Wright)

Forbids owners of multi-tenant buildings to discriminate against telephone companies in physical access to the property to install equipment and provide services.
Business Council supports.
Passed Assembly, Senate Energy & Telecommunications Committee.

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

Legislates consumer protections and service standards for customers of telephone corporations providing local exchange services.
Business Council opposes.
Passed Assembly, Senate Energy & Telecommunications Committee.

Fiber Optic Cable
A.11070 (Morelle) / S.7167 (Wright)

Encourages the development of fiber optic cable by exempting newly deployed fiber optic cable (on a sliding scale) from real property taxes.
Business Council supports (Vote for Jobs Index).
Assembly Real Property Tax Committee, Senate Local Government Committee.

Competition
A.9807-B (Brodsky) / S.6787-B (Morahan)

Seeks to short-circuit the regulatory process by requiring the PSC to immediately suspend Case 05-C-0616.
Business Council opposes.
Passed Assembly, Senate Rules Committee.

INSURANCE

Security Freeze
A.7349-D (Pheffer) / S.6805-B (Fuschillo)

Allows consumers to elect to place a security freeze on consumer reports by making a request to consumer reporting agencies.
Business Council opposes.
Chapter 63, Laws of 2006.

Workers Comp Trust
A.8713-B (Rules/Farrell) / S.5612-B (Winner)

Changes the method of payment of the worker’s compensation assessments for special funds made by group self-insurers.
The Business Council supports.
Passed Both Houses.

Omnibus Insurance Extender
A.11401-A (Grannis) / S.8357 (Seward)

Extends NYPIUA, Temporary Homeowners Panel, all the rating laws and the auto cancellation 2% rule for one year.
Business Council supports.
Passed Both Houses.

Management Expense Ratio
A.11412-B (DeStito) / S.7899-B (Seward)

Increases the management expense ratio for domestic mutual insurance companies.
Business Council supports.
Passed Both Houses.

Coastal Notification
A.632 (Pheffer) / S.1774 (Fuschillo)

Requires notification on cancellation and non-renewals on property located in an area served by the Coastal Market Assistance Program.
Business Council opposes.
Passed Both Houses.

Filing of Forms
A.10266-A (Grannis) / S.6887-A (Seward)

Removes the requirement that domestic life and accident and health insurers must file the forms relating to policies of these types for insurance sold outside of New York State.
Business Council supports.
Passed Both Houses.

Security
A.10076-D (Pheffer) / S.6909-C (Morahan)

Places tight restrictions on the collection, transmission, dissemination and use of an individual’s social security number.
Business Council opposes.
Passed Both Houses.

Late Notice
A.8659 (Rules/Latimer) / S.1770 (Bonacic)

States that an insurer shall not deny coverage for a claim based on the failure of an insured to give timely notice.
Business Council opposes.
Passed Assembly, Senate Insurance Committee.

Viatical Settlements
A.8785-C (Rules/Grannis) / S.8463 (Rules)

Provides comprehensive regulation of the viatical settlements market in New York. Establishes new consumer protections, disclosure requirements and anti-fraud provisions.
Business Council supports.
Assembly Calendar, Senate Rules Committee.

Disability Benefits
A.1305-A (Nolan) / S.3798-A (Leibell)

Increases the maximum statutory disability benefit to $380 per week on July 1, 2007, and to $440 per week on July 1, 2008.
Business Council opposes.
Assembly Ways & Means Committee, Senate Rules Committee.

NYIA Regulatory Modernization Proposal
A.10788 (Morelle) / S.6550-A (Seward)

Modernizes the regulation of property/casualty insurance by authorizing file and use in competitive markets.
Business Council supports.
Assembly Insurance Committee, Senate Insurance Committee.

CONTRACT PROCUREMENT
Staff Contact: Ken Pokalsky

Consulting Service Contracts
S.6479 (Robach) / A.9421 (Lupardo)

requires state contracts for consulting services to require contractors to report on number of employees by employment category employed under the contract, number of hours worked, and total compensation under the contract; requires state to compile reports on consulting contracts.
Business Council opposes.
Signed as Chapter 10, Laws of 2006.

Personnel Service Contracts
S.6575 (Spano) / A.1259 (John)

Sets forth conditions when a state agency may enter into a contract for personal services, including but not limited to demonstration of cost savings to the state, inability of current employees to perform service, need for certain specialized services and others.
Business Council opposes.
Passed both houses.

IT Contract Appropriations
S.8414 (Bruno) / A.11995 (Rules/Silver)

Imposes additional requirements on budget appropriations for information technology expenditures valued at $5 million or more, including: schedule for project design, development implementation; rationale for project scope and method of procurement, including whether the project will be procured as a single contract or as separate contracts; existing or anticipated contracts, including the agency letting such contracts, vendor name, project description,
whether it will be a centralized contract; anticipated lifetime contract costs, broken down by fiscal year; and others.
Business Council is reviewing provisions.
Passed both houses.

Not-for-profit contracts
S.8026 (Robach) / A.11410 (Bing)

modifies contracting provisions for not-for-profits; creates a not-for-profit advisory committee to evaluate use of standard contract language, and propose legislation related to state contracting with NFPs.
Business Council has no position.
Passed both houses.

EDUCATION AND JOB TRAINING
Staff Contact: Margarita Mayo

Standardized Testing
S.561-B (LaValle)

Establishes procedures under which a test subject may request and obtain information about a standardized test they took. It also establishes testing fees, imposes a testing tax and sets up a “New York State Board of Testing Integrity” within the State Education Department.
Business Council opposes.
Passed Senate, but not the Assembly.

S.6399 (Saland) / A.11346 (Paulin)

Creates a commission on state educational assessments.
Business Council opposes.
Did not pass Senate or Assembly.

Charter Schools
S.8472 (Budget)

Along with other non-related to charter school items this bill would have increased the cap on the creation of charter schools from 100 to 250, with no limit on the number of schools that can be approved by the NYC schools chancellor.
Business Council supports.
Passed Senate, but not the Assembly.

SMALL BUSINESS

Sole Proprietor Extender
A.9308-A (Morelle) / S.6015-B (Seward)

Limits the premium rate for health insurance contracts for individual proprietors to no greater than one hundred fifteen percent of the rate established for the same coverage issued to groups up to and including December 31. 2008.
The Business Council supports.
Passed Assembly / Passed Senate.

Installment Payment Plans
S.7152 (Flanagan) / A.10327 (Christensen)

Authorizes the installment payment of civil penalties in excess of three hundred dollars owed to the state by local governments and small businesses; provisions of this bill do not apply to traffic infractions or parking violations; provides that the agency may require full payment if the civil penalty is being imposed for an egregious or repeat violation of law or regulation.
Business Council supports.
Passed Senate / Passed Assembly.

Sunday Beer Hours
S.5343-A (Spano) / A.914-A (McEneny)

Authorizes the retail sale of beer after 8:00 am on Sundays.
Business Council took no position.
Passed Senate / Passed Assembly.

Small Business Compliance Guides
S.6768-A (Maziarz) / A.11371 (Christensen)

Requires agencies promulgating regulations to publish small business regulation guides explaining in plain language the actions which the small businesses must take to be in compliance with such regulations; provides that the governor's office of regulatory reform shall oversee and coordinate the preparation and distribution of such guides.
Business Council supports.
Senate Rules / Assembly Government Operations.

Freedom Health Plans
S.1405-A (Seward)

Relates to establishment of "freedom health insurance plans"; provides a tax credit for certain health insurance plans purchased by small employers and certain individuals; provides additional payments to HMO's from the direct payment stop loss fund; amends certain enrollment and rate provisions.
Business Council supports.
Senate Rules.

Health Savings Accounts
S.7104 (Seward)

Exempts policies intended for use in health savings account pursuant to section 1201 of the federal medicare prescription drug, improvement and modernization act of 2003 from certain coverage requirements.
Business Council supports.
Passed Senate / Assembly Insurance.

Expanded Bottle Bill
S.1290-D (Lavalle) / A.2517-D (DiNapoli)

Provides for the mandatory acceptance of empty beverage containers; allows the commissioner of environmental conservation to approve state assistance payments from deposits of beverage container refund values; provides for the repeal of certain sections related thereto.
Business Council opposes.
Senate Environmental Conservation / Passed Assembly.

Price Gouging Reform
S.5976 (Fuschillo) / A.9077 (Rules - Pheffer)

Increases the civil penalty authorized to be imposed by a court for price gouging of consumers to an amount not to exceed twenty-five thousand dollars.
Business Council took no position.
Passed Senate / Assembly Consumer Protection.

S.7826 (Marcellino) / A.10722 (Tonko)

Relates to sale of goods or services at unconscionably excessive prices; evidence of such price gouging shall exist when the markup applied to such goods and services exceeded by at least twenty-five percent the markup applied by the seller in establishing the price of such goods or services sold in the usual course of business immediately prior to the onset of abnormal disruption of the market.
Business Council opposes.
Senate Rules / Passed Assembly.

S.6649 (Saland)

Creates the crimes of price gouging (class A misdemeanor) and aggravated price gouging (class E felony); includes definitions; increases civil penalties.
Business Council took no position.
Senate Rules.

TAXATION

Budget Revenue Bill
S.6460-C (Budget) / A.9560-B (Budget)

Enacts school real property tax personal income tax credit and rebate check program (around 1/3 the STAR value) to be sent to taxpayers this Fall.
Enhancement of STAR for seniors.
Enhancement of the school tax credit for agriculture.
Personal Income Tax marriage penalty relief.
Enhancement of the Sales Tax vendor collection credit for quarterly and annual filers.
Permanent repeal of the subchapter S corporation differential tax.
Permanent extension and enhancement of the motion picture tax credit.
Expansion of the film tax credit to production of commercials.
Enhancement of Empire Zone tax credits for investments exceeding $750 million.
Creation of a volunteer fireman Personal Income Tax credit.
Enhancement of the credit for investors in low income housing.
Creation of a 15 cent/gallon subsidy for biofuel production plants.
Enhancement of the brownfields tax credit.
Personal Income Tax deduction for National Guard members on active duty ordered by the Federal government.
Personal Income Tax credit for conservation easements.
Permanent extension of the Sales Tax exemption for amusement parks.
Creation of a Personal Income Tax child tax credit at 1/3 times the Federal child tax credit
Veto #208 overridden by both houses on 4/26/6.

Budget Chapter Amendment
S.8471 (Budget) / A.12045 (Budget)

Re-enacts school real property tax rebate check and personal income tax credit program in a constitutionally correct manner.
Provides tax incentives for the distribution and use of alternative fuels.
Provides a method for calculating employment in relation to certain Empire Zones benefits in the first taxable year of a business.
Provides that any mortgage for the construction and/or permanent
financing of a school facility in the city of Rensselaer is
exempt from the Mortgage Recording Tax.
Provides amendments to the definition of qualified Empire Zones for operations on real property that are subject to a Brownfield site clean-up agreement.
Changes eligibility requirements for Empire Zone benefits in relation to significant capital investment projects.
Makes technical amendments to the sales tax imposed on motor fuel and diesel motor fuel.
Amends the personal income tax Empire State Child Credit.
Passed both houses.

Converting and Capping Sales and Use Tax on Motor Fuel Purchases
A.11331 (Tonko et al.) / S.7909 (Wright)

Converts the State Sales and Use Tax on motor fuels (including diesel) from four percent of the product price (less State and local Sales and Use Tax and Motor Fuel Tax) to eight cents per gallon.
Converts the (twelve-county - New York, Bronx, Richmond, Kings, Queens, Nassau, Suffolk, Westchester, Putnam, Dutchess, Rockland, Orange) Metropolitan Commuter Transportation District Sales Tax from three-eights of one percent of the product price (less Sales and Use and Motor Fuel Taxes) to three-fourths cents per gallon.
For motor fuel currently selling at $2.999/gallon in a county having a four percent local sales tax rate within the MCTD, A.11331 is expected to save purchasers 2.774 cents per gallon State sales tax and 0.26 cents per gallon MCTD sales tax.
Authorizes localities to convert their local Sales and Use Tax on motor fuels from their local tax rate percentage times the product price to a cents-per-gallon basis, rounded to the nearest cent, calculated at their local tax rate percentage times two or three dollars. In the example above, if the local government voted to convert and chose two dollars, then the purchaser would save an additional 2.774 cents per gallon; if the local government voted to convert and chose three dollars, then the purchaser would pay an additional 1.226 cents per gallon.
Signed into Law as Chapter 35 on May 21, 2006.

SUT Refunds for Private Label Credit Card Lenders
S.6541 (Skelos) / A.10094 (Tokasz, et al.)

Clarifies that a lender administering a private label credit card may elect to claim a sales tax refund, deduction, or credit when sales tax is paid up front on the entire amount of the sales price of a taxable item in an installment or credit sale and a portion of the purchase price is charged off by the lender as uncollectible for federal income tax purposes.
Business Council supports.
Passed both houses.

Empire State Commercial Production Credit Program
S.8442 (Golden) / A.12016 (Rules-Morelle)

Clarifies that 75% of production costs must be incurred within New York.
Allows firms who film within and without the Metropolitan Commuter Transportation District to be eligible with separate threshold limits for the credit.
Allows the credit against NYC’s Unincorporated Business Income Tax.
Requires the City of New York annually to dedicate $3 million to the program.
Clarifies the definition of “post production costs”.
Business Council supports.
Passed both houses.

Additional Taxpayer Costs in Defending Tax Appeals Decisions
S.8084 (Johnson) - Taxation & Finance Departmental Bill #233

Necessitates taxpayers engaging legal representation throughout Division of Tax Appeals process.
Subjects taxpayers to additional appeals to the Appellate Division sought by the Department of Taxation & Finance.
Business Council strongly opposes.
Committed to Senate Rules Committee.

Additional Appeal of New York City Tax Tribunal Decisions
S.4817 (Marchi) / A.8426 (Grannis)

Authorizes the City of New York to seek further judicial appeal of taxpayer decisions of the City Tax Tribunal.
Business Council strongly opposes.
In Senate Cities Committee/in Assembly Cities Committee.

Special Commercial Assessment Rate for Suffolk County
A.3114-A (Sweeney)

Requires the establishment of a special commercial assessment rate for Suffolk County and its introduction into evidence at certiorari proceedings.
Business Council opposes.
Passed Assembly only; in Senate Rules Committee.

Special Commercial Assessment Rate for Westchester County
A.5793-A (Bradley et al.) / S.3368-A (Spano)

Requires the establishment of a special commercial assessment rate for Westchester County and its introduction into evidence at certiorari proceedings.
Business Council opposes.
Starred on Assembly Calendar/in Senate Local Government Committee.

CONSTRUCTION

Sub-contractors who fail to pay Prevailing Wage
S.6641 (Maziarz) / A.8057 (John)

Relates to contractors who use subcontractors who fail to pay prevailing wage.
Business Council opposes.
Passed both houses.

Job Vacancies by Public Works Contractors
A.1737 (Eddington) / S.3358 (Trunzo)

Requires employers receiving state aid or performing certain state contracts to list all job vacancies such employer intends to fulfill through the department of labor's job resources.
Business Council opposes.
Passed both houses.

Plastic Pipe Restrictions
A.7566-A (John) / S.5046-A (Rules)

Relates to standards for plumbing materials.
Business Council opposes.
Assembly 3rd Reading / Passed Senate.

“Prevailing Wage Enforcement Act of 2006"
S.7654 (Flanagan) / A.10846 (Alessi)

Enacts the "Prevailing wage enforcement act of 2006"; designates as felonies certain violations by primary contractors and subcontractors of minimum wage provisions on public works projects; authorizes a district attorney or the attorney general to request payroll records from contractors and subcontractors on public works projects; provides that no certificate of relief from civil disabilities shall be granted to persons convicted of any prevailing wage provision.
Business Council opposes.
Passed Senate / Assembly Rules.

Classification of Independent Contractors
S.5626-A (Maziarz) / A.8686 (John)

Relates to the classification of individuals as independent contractors or employees.
Business Council opposes.
Senate Labor / Assembly Labor.

“Safe Place to Work” - Labor Law 240/241
A.2946-A (Morelle) / S.3823 (Volker)

Relates to the applicatability 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.

Owner-drivers on Public Works Projects
S.7118 (Flanagan)

Relates to the protection of owner-drivers on public works projects.
Business Council opposes.
Senate Rules.

Contracts for Public Works
A.11819 (Rules - John)

Provides specifications and contracts for public work shall contain provisions that laborers, workers and mechanics be certified as completing a construction safety and health course approved by OSHA; such course must be at least 10 hours in duration; laborers, workers and mechanics must be recertified every 3 years.
Business Council supports.
Assembly Ways and Means.

Industrial Development Agency Reform
A.10787-A (Sweeney) / S.7391-A (Maziarz)

Provides a number of administrative changes to the record keeping, application procedure, powers and duties of industrial development agencies, including the nature of approved projects.
Business Council opposes.
Passed Assembly / Senate Local Government.

State Contract Preference to Entities w/ Employer Sponsored Health Coverage
A.7310 (Grannis) / S.8432 (Spano)

Provides a preference to entities which provide employer sponsored health coverage in awarding contracts to provide goods or services to state agencies, public authorities and public benefit corporations if such bidding contractor is within 15 percent of the lowest bidder which does not provide such coverage.
Business Council took no position.
Passed Assembly / Senate Rules.

State Contract Tax Issues
S.2791-A (Flanagan) / A.10377-A (Grannis)

Requires public agencies to determine whether each corporation it intends to contract with is a delinquent corporation; requires the corporation to be active, registered, and in good standing with the department of state, insofar as legally required.
Business Council took no position.
Passed Senate / Assembly 3rd Reading.

CONSUMER

Disposal of Employee Information
S.5178-A (Fuschillo) / A.8456-B (Pheffer)

Relates to disposal of records containing personal information; establishes civil penalties and an affirmative defense.
Business Council took no position.
Passed Senate / Passed Assembly / Signed by Governor chap. 65.

Rebate Redemption Forms
S.7577-A (Fuschillo) / A.10892-A (Hoyt)

Requires all rebate redemption forms to be provided to a purchaser at the time of the purchase of the good or service to which the rebate applies; provides for a civil penalty for violation.
Business Council opposes.
Senate Consumer Protection / Assembly Consumer Protection.

Minimum Insurance Requirements for Rental Vehicles - Vicarious Liability Related
A.11898-A (Rules-Gantt) / S.8251 (Balboni)

Relates to indemnity bonds or insurance policies on rental vehicles; sets forth minimum requirements for rental vehicles; provides for a violation to be a misdemeanor and liability to third persons for all damages arising out of the use and operation of the vehicle.
Business Council took no position.
Assembly Codes / Senate Rules.

Sunscreen Expiration Dates
A.983-B (Weisenberg) / S.5475-A (Fuschillo)

Requires sunscreen products to be labeled with expiration dates and storage recommendations; authorizes the attorney general to seek injunctive relief, restitution, and civil penalties in the case of violations; authorizes persons injured by a violation of this law to bring an action for injunctive relief and actual damages or two hundred and fifty dollars, whichever is greater; authorizes the court, in such an action, to increase the award of damages up to one thousand dollars and to award reasonable attorneys' fees to a prevailing plaintiff.
Business Council opposes.
Passed Assembly / Senate Consumer Protection.

FINANCIAL SERVICES

Anti-Phishing Act of 2006
A.8025-C (Brodsky) / S.5370-C (Fuschillo)

Prohibits the solicitation of personal information through electronic communications that falsely claim to have been sent by a particular business.
Business Council supports.
Chapter 64, Laws of 2006.

Lighting Requirements for ATMs
A.11422 (Magee) / S.6405 (Marcellino)

Amends lighting requirements for ATMs to implement standards recommended by the Lighting Research Center at RPI.
Business Council supports.
Passed Both Houses.

Mortgage Loan Originators
A.10802-A (Greene) / S.7431-A (Farley)

Requires the registration of individual mortgage loan originators and sets educational standards.
Business Council has no position.
Passed Both Houses.

ATM Fees
A.9592 (Pheffer) / S.6405 (Marcellino)

Prohibits ATM operators from imposing a fee on consumers using such
machine when transaction is denied.
Business Council opposes.
Assembly Banks Committee, Senate Rules Committee.

Privacy
A.10496-C (Lafayette) / S.7192-A (Fuschillo)

Provides that a consumer reporting agency shall not put a negative inference on a credit score which arises from a stole identity event.
Business Council opposes.
On Assembly Calendar, Passed Senate.

Refund Anticipation Loans
A.1366 (Nolan) / S.4387 (Farley)

Creates disclosure requirements for tax preparers who offer refund anticipation loans.
Business Council has no position.
Assembly Banks Committee, Senate Banks Committee.

Penalties
A.1549 (Nolan) / S.3142 (Farley)

Increases the penalty for bank robbery.
Business Council supports.
Assembly Codes Committee, Passed Senate.

Community Bank Deposit Program
S.7764-A (Farley)

Broadens the existing State Charter Deposit Program to encourage the deposit of state funds in banks that are headquartered in New York State.
Business Council opposes.
Passed Senate.

OCCUPATIONAL SAFETY AND HEALTH

Including Lyme Disease as an Occupational Disease
S.718-A (LaValle) / A.1458-A (Brodsky)

Includes Lyme Disease (Lyme Borrcliosis) as an occupational disease which is compensable under the workers' compensation law.
Business Council opposes.
Passed Senate / Passed Assembly.

New York State Toxic Mold Task Force
S.6359 (Marcellino) / A.9251 (Koon)

Changes the number of at-large members to the New York state toxic mold task force from eleven to twelve.
Business Council took no position.
Passed Senate / Passed Assembly.

Licensing of Occupational Safety and Hygiene Professionals
A.3309 (Morelle) / S.3583 (Alesi)

Provides for licensing of occupational safety and hygiene professionals, creates state board for industrial hygiene and safety; specifies requirements for a license and authorizes limited permits; specifies exempt persons; provides that every licensed occupational safety and hygiene professional shall have a seal which shall contain the words "occupational safety and hygiene professional" and such other words or figures as the board deems necessary.
Business Council supports.
Assembly Higher Education / Senate Higher Education.

OSHA Training Course
A.11819 (Rules - John)

Provides specifications and contracts for public work shall contain provisions that laborers, workers and mechanics be certified as completing a construction safety and health course approved by OSHA; such course must be at least 10 hours in duration; laborers, workers and mechanics must be recertified every 3 years.
Business Council supports.
Assembly Ways and Means.

E-COMMERCE

Computer offenses
S.5005-F (Wright) / A.891-F (Brodsky)

To clarify elements of the penal law as it pertains to the unauthorized use of computers and computer networks to account for changes in technology.
Passed both houses.

Modem hijacking
S.3249-D (Wright) / A.5608-D (Brodsky)

This bill would allow 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 costs for the unauthorized use of telephone numbers.
Passed both houses.

Social security numbers
S.6909-C (Morahan) / A.10076-D (Pheffer)

This bill would place limits on the use and disclosure of an individual's Social Security account number (SSN). Specifically, the bill
would:
- prohibit the intentional communication of an individual's SSN to the general public;
- restrict businesses' ability to print an individual's SSN on mailings
  or on any card or tag required to access products, services or benefits;
- prohibit businesses from requiring an individual to transmit his or
  her unencrypted SSN over the Internet; and
- require businesses who possess SSN to implement appropriate safeguards and limit unnecessary employee access to SSNs.

Anti-phishing
S.5370-c (Fuschillo) / A.8025-C (Brodsky)

To allow the attorney general, or any person engaged in the business of providing internet access to bring a civil action against "phishers."
Passed both houses. Signed by the Governor, Chapter 64 of the laws of 2006.

S.8170 (Fuschillo) / A.11795 (Brodsky)

To make various technical corrections to Chapter 64 of the laws of 2006.

Internet access number
S.7575-A (Fuschillo) / A.11109-A (Rivera)

To amend Chapter 334 of the Laws of 2005 to clarify that dial-up Internet access software sold or provided to consumers prior to the effective date of that chapter need not provide consumers with the statutorily required warning that telephone charges may be incurred when connecting to the Internet via certain access numbers, if such software cannot be updated by the dial-up Internet service provider.
Passed both houses.

TRANSPORTATION
Staff Contact: Tom Minnick

Railroad Liability
S.4732-B (Libous) / A.7955-A (Tokasz)

Would limit railroads’ liability to intruders upon their property and rights-of-way
Senate Transportation Committee / Assembly Transportation Committee

Longshoremen’s Register
S.6711 (Alesi) / A.12022 (Farrell)

Would authorize the waterfront commission to accept additional applications in the longshoremen’s register
Senate Corporations, Authorities and Commissions / Assembly Rules

Ton-Mileage Tax
A.11528 (Aubertine)

Would repeal the highway use tax also known as the ton-mile tax.
Assembly Ways & Means Committee.

UNEMPLOYMENT COMPENSATION

Interest Assessment Surcharge Fund
A.11893 (Rules – John) / S.8456 (Maziarz)

Sets the expiration date of sections 30 and 31 of Chapter 62 of the Laws of 2003 as 12/31/7 to allow the State Comptroller to fund the Unemployment Compensation Interest Assessment Account.
Passed both houses.

Charging of Unemployment Compensation Benefits to Employers
S.6984-A (Maziarz) / A.11343 (John)

Changes the method of charging Unemployment Compensation benefits to responsible employers to provide that the separating employer of a person eligible for UC benefits is not charged substantially more in benefits than the person received in wages from such employer.
Business Council supports.
In Senate Labor Committee/in Assembly Labor Committee.

OTHER ISSUES
Staff Contact: Ken Pokalsky

ALTERNATIVE ENERGY

Alternative Vehicle Tax Credits
S.5763-B (Marcellino) / A.8941-B (Rules/DiNapoli)

Extends the tax credit for alternative fuels vehicle and refueling equipment; applicable to the corporate income tax, business franchise tax and the personal income tax, but removes the tax credit available for hybrid vehicles. The bill also exempts alternative fueled vehicles from the State sales tax.
Business Council has no position.
Passed both houses.

Alternative Electric Generation Tax Credits
S.5966-A (Flanagan) / A.9888 (Magee)

Extends ability of local governments and school districts to
provide a real property tax exemption for solar, wind, or farm waste energy electric generating systems from January 1, 2006 to January 1, 2011.
Business Council has no position.
Passed both houses.

Alternative Fuel Tax Credits
S.8471 (Budget) / A.12045 (Budget)

Provides state tax exemptions and/or reductions for alternative fuels, including E-85 (gasoline with 85% ethanol), B-20 (diesel with 20% biodiesel), compressed natural gas and hydrogen. Affects state gasoline, petroleum business and sales taxes.
Business Council has no position.
Passed both houses.

REFORM

Budget Reform
S.8414 (Bruno) / A.11995 (Rules/Silver)

Requires 2 year appropriations for state school aid; effective for FY 08, changes start of state fiscal year to May 1; requires Division of Budget to assess impact of Executive Budget on local governments; creates Independent Budget Office to provide information and analysis to the legislature; authorizes state comptroller to issue state revenue forecasts in event of failure of Governor and legislature to agree on revenues; requires more detailed appropriations for information technology contracts valued at $5 million or more; requires more detailed budget reporting on debt service; requires fiscal impact statements for all legislative budget add-ons; establishes “ NYS responsibility, performance, initiative, accountability and results act” requiring state agencies to prepare and submit strategic plans.
Business Council has no position.
Passed both houses.

Public Authority Subsidiaries
S.5102-A (Leibell) / A.6757-B (Brodsky)

Prohibits state authorities to create subsidiaries without explicit approval of the legislature; grandfathers all subsidiaries “legally created” prior to 7/1/06.
Business Council has no position.
Passed both houses.

OUTSOURCING

S.7380 (Maziarz)

Requires the immediate termination of tax credits and the repayment of any outstanding state loans if a business' in-state employment falls below base-line levels; applies to businesses with 50 or in-state employees.
Business Council opposes.
Senate Rules Committee.

S.7132 (Maziarz)

imposes extensive new conditions on state contracts with regard to the performance of contracted personal service activities outside of the United States; requires personal service contracts over $500,000 to require reporting on work performed out of U.S., number of overseas workers used, hours worked, wages and benefits paid.
Business Council opposes.
Passed Senate.

DEBT REFORM

Statutory Debt Limitation
S.8175 (Libous) / A.11515 (Morelle)

Establishes a debt management board (consisting of the governor, the comptroller, and an appointee of the governor and comptroller,) which would determine debt limits, amount of debt to be issued, and debt policy.
Business Council supports.
Senate Rules, Assembly Ways and Means.

Constitution, Concurrent Resolutions Regarding State Debt
S.8176 (Libous) / A.11516 (Morelle)

Limits the authorization of debt to capital works only; caps the total amount of state-related debt outstanding at five percent of personal income; aggregate debt issuances of less than $1 billion would not need voter approval; all appropriation-backed and revenue debt would be eliminated.
Business Council supports.
Senate Judiciary, Assembly Judiciary.

Constitution, Concurrent Resolutions Regarding State Debt
S.8333 (Bruno)

Limits the issuance of debt to capital works projects; caps the total debt outstanding at 4 percent of personal income to be phased in over ten years; revenue debt would be allowed for existing capital projects and/or maintenance and improvements on capital projects that have already received voter approval; all appropriation-backed debt would be eliminated.
Business Council supports.
Passed Senate, Assembly Ways and Means.

Statutory Debt Limitation
S.8334 (Bruno)

Requires a portion of the general fund surplus to be deposited to the debt reduction reserve fund. Monies in debt reduction reserve fund can only be used to defense or retire outstanding debt.
Business Council supports.
Passed Senate, Assembly Ways and Means.