2008 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.
“FIX WICKS” - Repeals project labor agreement (PLA) requirement in Wicks Law
S.8321 (Winner) / A11397 (Schimminger)
Senate Rules Committee; Assembly Labor Committee
- Under the guise of reform, the PLA provisions contained in the new Wicks Law will have a devastating impact on the New York State economy by significantly driving up construction costs on taxpayer financed public works projects.
- This legislation would rightfully repeal the new PLA and apprenticeship requirements.
- Business Council supported.
Prevailing Wage Mandate on Off-Site Custom Fabrication
S.6797 (Marcellino) / A.6598-A (John)
Senate Third Reading Calendar; Assembly Third Reading Calendar
- This legislation would impose a prevailing wage mandate on certain off-site custom fabrication for related public works projects.
- The legislation would include, but not be limited to the custom fabrication of woodwork, cases, cabinets or counters, electrical, plumbing, heating, cooling, ventilation or exhaust duct systems and countless other products.
- This legislation would significantly increase the cost of public works projects.
- Business Council oppose.
Waterfront Commission of NY/NJ Hiring Practices
S.182 (Alesi) / A.3593 (Farrell)
Senate Corporations, Authorities and Commissions Committee,
Assembly Corporations, Authorities and Commissions Committee
- This legislation would reform the arcane hiring practices of the Waterfront Commission of New York and New Jersey by granting the Port of New York and New Jersey the authority to control the size of the longshore workforce without the artificial constraints of an administrative agency ill-suited for making market-driven commercial decisions.
- Business Council supported.
CONTRACT PROCUREMENT
Staff Contact: Maggie Moree
Extension of and Enhancements to the Procurement Stewardship Act
S.8684 (Rules) / A.11738 (Destito)
Passed Both Houses
Delivered to the Governor June 25
- Extends the Procurement Stewardship Act provisions until 2012.
- Requires state agencies to provide debriefings to bidders.
- Requires agencies to document in the procurement record the rationale for the use of a contract let by State.
- Prohibits agencies from splitting purchase orders within a one-year period to avoid a competitive procurement.
- Requires a daily, free of charge, internet based procurement opportunities newsletter.
- Establishes standards for single source procurements, with annual state agency reporting on the total number and dollar value of single source contracts awarded.
- Permits state agencies to accept bids electronically and, in the case of technology-related procurements, to require electronic submission.
- Adds new provisions related to the purchase of available New York State food products.
- Business Council supported.
Small Businesses Preferences
S.3581 (Flanagan) / A.6906 (Koon)
Passed Both Houses
- Amends economic development, public authorities and urban development corporation laws to require preference to be given to the award of funds to small businesses and entrepreneurs.
- Preference shall include active marketing specifically to small businesses and entrepreneurs, providing assistance access available funds, and establishing the goal of awarding 20 percent of available funds under the program to small businesses and entrepreneurs.
- Business Council took no position.
CORPORATE GOVERNANCE
Staff Contact: Ken Pokalsky
Dividend Payments
S.7349 (Skelos) / A.10825 (Brodsky)
Passed Both Houses
- Allows corporations to pay dividends out of net profit for the fiscal year in which the dividend is paid and/or the preceding fiscal year, in addition to being paid out of surplus.
- Business Council supported.
Election of Directors
S.7350 (Skelos) / A.10824 (Brodsky)
Passed Both Houses
- Allows corporations to change their manner of voting for directors through changes in their bylaws, in addition to through changes in their certificate of incorporation.
- Business Council took no position.
Shareholder Remote Participation
S.2152-B (Libous) / A.1350-B (Brodsky)
Senate Corporations Committee; Passed Assembly
- Would require publicly traded corporations to implement “reasonable measures” to allow shareholders to observe and vote at shareholder meetings by means of electronic communications.
- Business Council opposed.
ECONOMIC DEVELOPMENT
Staff Contact: Ken Pokalsky
Brownfield Tax Credits
S.8717 (Marcellino) / A.11768 (Rules @ Request of Sweeney)
Passed Both Houses
- Imposes a cap on the brownfield tangible property (redevelopment) credit equal to $35 million or three times remedial costs; or $45 million or six times remedial costs for investments in manufacturing facilities.
- Allows an additional two percent to the pre-existing tangible property credit if the site is located in a “brownfield opportunity area”.
- Creates a four-tier site preparation (remediation) credit ranging from 50 percent for sites restored to unrestricted use, to 22 percent for “Track 4” industrial use sites.
- The cap and revised remedial credits are applicable to sites for which a DEC notice of acceptance into the brownfield program has been issued after June 23, 2008.
- Creates a statewide brownfield advisory board.
- Requires annual reports on brownfield tax credits and brownfield program activity.
- Imposes new reporting obligations on brownfield program participants.
- Business Council opposed.
IDA “Reform”
S.8672 (Maziarz) / A.8703-a (Hoyt)
Senate Rules Committee; Passed Assembly
- Establishes extensive new requirements for IDA structure, procedures, and financial reporting.
- Requires formal funding criteria, including job creation and retention.
- Requires minimum level of annual financing for small projects.
- Requires the payment of prevailing wages for any construction or building renovation work financed through IDAs.
- Requires all employees at an IDA-financed facility to be paid a “living wage” for five years past the duration of the financial assistance.
- Prohibits IDA funding for projects not on a brownfield site served by existing public infrastructure.
- Authorizes funding of “civic facility” projects up to $40 million.
- Business Council opposed.
Tax Increment Financing
S.371 (Young) / A.2358-A (Schimminger)
Passed Senate; Assembly Ways & Means Committee
- Both bills would have allowed school boards to agree to include school real property taxes in tax increment financing agreements.
- Senate bill would have expanded categories of uses of TIF financing to include brownfields, power generation.
- Senate bill would have allowed municipalities to pay 10 percent of debt service from any municipal revenue source.
- Business Council supported.
Zone Pricing of Gasoline
S.175-A (Alesi) / A.5701-A (Brodsky)
Senate Calendar; Passed Assembly
- Would amend the general business law to prohibit zone pricing of gasoline, would impose $5000 per day civil penalty for violations.
- Business Council Opposed.
Utility Call Centers
S.2007 (Volker) / A.606 (Cahill)
Passed Both Houses
- Requires gas and electric corporations and municipal utilities to provide certain call center services to customers from centers located within their respective in-state service territories.
- Business Council opposed.
Liquefied Natural Gas Transportation Moratorium
S.6265 (LaValle) / A.9022 (Alessi)
Senate Transportation Committee; Assembly Calendar
- Would impose a two year moratorium on the siting and transportation of liquefied natural gas in Nassau and Suffolk counties. The current law imposes a moratorium only on New York City.
- Business Council opposed.
Tax Abatements for Industrial & Commercial Work on Properties in New York City
S.6366-A (Padavan) / A.11586 Rules (Silver)
Passed Both Houses; Sent to Governor on 6/25/08
- Authorizes New York City to provide an abatement of real property taxes for the construction, alteration or improvement of industrial or commercial properties in New York City and would replace the existing Industrial and Commercial Incentive Program (ICIP) which will sunset on June 30, 2008.
- Excludes utilities from the benefits offered through this program, prospectively eliminating the eligibility of utility companies to receive property tax exemptions that they have been eligible for since 1984.
- Business Council opposed.
Streetcutter Prevailing Wage
S.7916-A (Padavan) / A.10774 (Gianaris)
Passed Both Houses
- Requires utility companies and their contractors and subcontractors to pay prevailing wage and maintain certified payroll records in circumstances where a local government requires such a condition of issuance of a permit to use or open a street.
- Business Council opposed.
Greenhouse Gas cap
S.8390 (Morahan)
Senate Rules Committee
- Directs DEC to adopt enforceable regulations limiting greenhouse gas emissions to calendar year 2000 levels by no later than 2014, and require further 2.3 percent annual reductions until 2050, when the limit will be 80 percent below 2000 levels.
- DEC has discretion to apply limits to all emission sources, including utility, industrial, commercial, residential, transportation and others.
- DEC to adopt implementing regulations by May 2009.
- Business Council opposed.
Brownfields Cleanup Program
S.8717 (Marcellino) / A.11768 (Sweeney)
Passed Both Houses
- See Summary Under “Economic Development”.
Electronics Waste Recycling
S.7563 (Marcellino) / A.8444-B (Sweeney)
Senate Rules Committee; Passed Assembly
- Requires manufacturer take-back for all covered equipment they manufacture, plus a pro-rated share of “orphan” equipment. Covered equipment includes computers, monitors, keyboards, mouse, digital music players, and any device containing a hard drive.
- Set a minimum requirement that the collection system bring in 25% (by weight) of average sales by 2014; 45 percent by 2017. DEC authorized to set collection standards by rule.
- Exempt autos, cell phones, household appliances, equipment that is physically part of larger piece of equipment used in the industry, commercial or R&D, and commercial medical devices.
- Pre-empts local e-recycling laws.
- Business Council opposed.
RCRA/Chemical/Petroleum Bulk Storage
S.6055-A (Marcellino) / A.9019-A (Sweeney)
Passed Both Houses
- Update the state’s petroleum and chemical balk storage programs to achieve consistency with 40 CFR Part 280 and obtain UST delegation (Underground storage tank regulations).
- Modifies definition of “facility” to include underground storage tanks (tanks with a 110 gallon capacity)
- Would allow DEC to “redtag” leaking tanks.
- Business Council supported.
Expanded Bottle Bill
S.5850-A (Marcellino) / A.8044-A (Sweeney) at request of the Governor
Senate Rules Committee; Passed Assembly
- Extends the bottle deposition law to most categories of non-carbonated beverages.
- Captures unclaimed deposits for support of the state’s “Environmental Protection Fund”.
- Business Council opposed.
Greenhouse Gas Cap
S.8390 (Morahan) and A.10303 (Sweeney)
Senate Rules Committee; Passed Assembly
- See Summary Under “Energy”
Cancer Incidence Mapping Program
S.1592-B (Libous) / A.1143-B (Brodsky)
Passed Both Houses
- Directs DEC and DOH to develop maps comprising the locations of environmental facilities and cases of cancer.
- Business Council opposed.
Martin Act
S.6037-B (Libous) / A.1369-B (Brodsky)
Senate Calendar; Assembly Calendar
- Pursuant to federal securities laws (Private Securities Litigation Reform Act) investors aggrieved by improper conduct in the promotion and sale of securities may pursue damage claims in federal court.
- This legislation would create a new private right of action for mutual funds, pension funds, etc., pursuant to New York State security laws. The legislation, if enacted, would add additional burdensome demands on our overtaxed state court system.
- Business Council opposed.
Position of "Employees" for Blanket and Health Insurance
S.3964-C (Seward) / A.7120-B (Gianaris)
Passed Both Houses
- Clarifies what constitutes an eligible employee for the purpose of blanket accident and health insurance.
- Business Council support.
Authorizes Issuance of Group Keyperson Life Insurance
S.5138-A (Seward) / A.7896-A (Destito)
Passed Both Houses
- Currently, businesses seeking to purchase keyperson life insurance may only do so by purchasing individual life insurance policies for each employee that they choose to cover.
- The bill would authorize that employers in New York may procure group keyperson life insurance contracts.
- Business Council supported.
Mandated Disclosures Prior to the Sale of an Annuity
S.7005-A (Padavan) / A.10002-A (Carrozza)
Senate Calendar; Assembly Insurance Committee
- This bill would mandate unnecessary disclosures prior to purchasing an annuity.
- Business Council opposed.
Mortgage Lending
S.8143-A (Farley) / A.10817-A (Towns)
Passed Both Houses
- Mandates that all home loans shall be subject to certain standards and limitations; creates the crimes of residential mortgage fraud in the 1st through 5th degrees.
- Business Council opposed.
One Year Moratorium on Mortgage Foreclosures
S.6724-B (Padavan) / A.9695-B (Brennan)
Senate Judiciary Committee; Passed Assembly
Would impose a year long moratorium on mortgage foreclosures.
- Some of the negative implications of this bill would be to shrink the availability of credit; increased costs for businesses and consumers and contribute to the decline of communities.
- Business Council opposed.
GOVERNMENT REFORM
Staff Contact: Maggie Moree
Moratorium on Renegotiating Public Employee Retiree Health Benefits
S.6457-A (Farley) / A.9393-A (Abbate)
Passed Both Houses
- Imposes on local governments a moratorium on any changes to public employee retiree health benefits until a task force completes its work in 2009.
- Business Council opposed.
Local Governments Trusts to Accumulate Assets for Other Post-Employment Benefits
S.8383 (Little)
Senate Rules Committee
- Authorizes local governments to establish irrevocable trusts to accumulate funds needed to pay for public retiree benefits other than pension costs.
- Sets forth the governance and investment structure for these trusts.
- Business Council took no position; bill provides no mechanism to address the underlying cause which prompted this bill.
Authorizes the State and Certain Local Governments to Establish Trusts to Accumulate Assets for Public Employee Post-Retirement Benefits
S.8384 (Johnson) / A.11411 (Rules: Abbate)
Senate Rules Committee; Assembly Governmental Employees Committee
- Establishes an ‘other post-employment benefit’ investment fund in the sole custody of the State Comptroller.
- Authorizes the establishment of a state OPEB trust in the custody of the president of the Civil Service Commission.
- Authorizes the establishment of trusts by local governments for OPEB purposes
- Sets forth the governance and investment structure for these trusts.
- Business Council took no position; bill provides no mechanism to address the underlying cause which prompted the bill.
Marketing Restrictions on Pharmaceutical, Medical Device Manufacturers
Governor’s Program Bill #55
S.8556 (Rules) / A.11187 (Gottfried)
Senate Rules Committee; Assembly Codes Committee
- Bans payments in excess of $50 from pharmaceutical and medical device manufacturers to prescribers.
- Business Council opposed.
S.2971-C (Maziarz) / A.7468-A (Gottfried)
Senate Health Committee; Assembly Third Reading
- Requires pharmaceutical marketing disclosure.
- Business Council opposed.
S.4741-A (Hannon) / A.10877 (Gottfried)
Senate Health Committee; Assembly Codes Committee
- Requires licensure of pharmaceutical detailers.
- Business Council opposed.
Small Business Health Insurance
S.3958-A (Seward) / A.10373 (Weprin)
Senate Finance Committee; Assembly Ways & Means
- Allows small business employer or sole proprietor a credit against the corporate franchise, personal income, bank or insurance tax equal to five percent of health insurance premiums paid by the small business employer in the first year, and 10 percent in the second and subsequent years.
- Business Council supported.
Timothy’s Law Mandate Expansion
S.6818 (Morahan) / A.10078 (P. Rivera)
Senate Rules Committee; Assembly Insurance Committee
- Adds Post Traumatic Stress Disorder to list of biologically-based illnesses to be covered by Timothy's Law insurance mandate.
- Business Council opposed; urged lawmakers to suspend consideration of this and any other proposed mandate until the composition of New York’s mandate review commission is complete and operational.
Product Labeling
S.6281 (Lanza) / A.9281-A (Titone)
Senate Rules Committee; Assembly Consumer Affairs & Protection Committee
- Creates Arielle's Law to require special labeling of any sport or muscle cream sold or distributed in New York State that contains methyl salicylate.
- Business Council opposed.
Multiple Employer Trusts – Community Rating Exception
S.8225 (Volker) / A.11176 (Schroeder)
Senate Rules Committee; Assembly Insurance Committee
- Exempts from community rating requirements group health insurance policies issued to multiple employer trusts consisting of municipal corporations and public benefit corporations.
- Business Council opposed.
Wellness Programs
S.4675-A (Hannon) / A.10884-A (Morelle)
Passed Both Houses
- Authorizes health insurers to offer wellness programs, which feature incentives and rewards; employee participation in a program would be voluntary.
- Business Council supported.
Health Insurance Premium Integrity Act
S.8354-B (Seward) / A.11680-A (Morelle)
Passed Senate; Assembly Rules Committee
- Standardizes the calculation of minimum loss ratio under the “file and use” premium rate setting process.
- Provides the Insurance Superintendent with authority to suspend an insurer’s ability to “file and use” upon the determination of that there was a deliberate miscalculation of minimum loss ratios.
- Changes the minimum loss ratio applied to small group coverage from 75 percent to 80 percent.
- Business Council took no position.
Short-term Health Insurance Policies
S.8357 (Seward) / A.11485 (Morelle)
Passed Both Houses
- Creates a demonstration program that provides for the issuance of short-term health insurance polices, not to exceed two years, for persons age 19 to 26 who have lost coverage under a parent’s policy due to graduation from college and who are otherwise ineligible for employer-sponsored coverage.
- Provides a minimum level of provider office care, hospital services and some ancillary services.
- Expires December 31, 2013.
- Business Council took no position.
HEALTH INSURANCE (SMALL BUSINESS & CHAMBER OF COMMERCE RELATED)
Staff Contact: Maggie Moree
Extension of Premium Differential Rate Cap for Group Coverage for Sole Proprietors
S. 7550 (Seward) /A. 10656 (Morelle)
Passed Both Houses
- Extends until 2011 the maximum premium rate differential of 15 percent established for group coverage for individual proprietors who purchase group health insurance through associations.
- Business Council supported.
Healthy New York Eligibility
S.6385-A (Alesi) / A.395-A (Morelle)
Passed Both Houses
- Removes the requirement that a small business must not have offered health insurance to workers for a 12-month period prior to applying for coverage under Healthy New York.
- Business Council opposed.
LABOR AND HUMAN RESOURCES
Staff Contact: Tom Minnick
Paid Family Leave
S.5821 (Morahan) and A.9245 (Silver)
Senate Labor Committee; Assembly Labor Committee
Both have provisions of the Governor’s Program bill # 28, introduced in 2007
- Would apply to all private sector employers regardless of size and allow up to 12 weeks of disability insurance benefits to non-disabled employees to care for a newborn or newly adopted child or to care for an ill family member; would create a whole new tier of rules and eligible family members beyond the federal FMLA.
- Business Council opposed
Comparison chart with Federal Family Medical Leave
Other Paid Family Leave Information
Paid Family Leave
S.8428 / No same as
Senate Rules Committee
- Includes the provisions of and would go beyond S.5821/A.9245 above and increase the maximum disability benefit from the current $170 per week to $340 per week on 10/1/09, $550 per week on 10/1/10 and be permanently indexed to one half of the state’s average weekly wage on 10/1/11; would mandate 13 weeks of state paid leave with an explicit job guarantee; and does not contain any increase in the employee weekly contribution to help defray the cost of the higher usage or higher disability benefit payments.
- Business Council opposed.
Restrict the Assignment of Overtime for Nurses
S.8637 (Morahan) / A.11711 (Gunther)
Passed Both Houses
- Would prohibit employers from assigning overtime to nurses beyond their normal work schedule unless due to disaster, declaration of an emergency or unforeseen situation to insure patient care after the employer has tried other methods to cover the need.
- Business Council opposed.
State Level Plant Closing Notification Requirement (WARN)
S.8212 (Robach) / A.10847 (Eddington)
Passed Both Houses
- Would establish state notification requirement for plant closings and major layoffs with provisions significantly beyond the current federal plant closing notification requirement.
- Business Council opposed.
Increase State Minimum Wage
A.9168-A (Silver)
Assembly Labor Committee
- Would increase the state’s minimum wage from the current $7.15 per hour to $7.75 per hour on 1/1/09, $8.00 per hour on 1/1/10, $8.25 per hour on 1/1/11 and indexed to the CPI-U on 1/1/112.
- Business Council opposed.
Increase Maximum Disability Insurance benefit
S.1952 (Leibell) / A.6927 (Nolan)
Senate Labor Committee; Assembly Labor Committee
- Would increase the maximum statutory disability benefit from the current $170 per week to $380 per week on July 1, 2008 and to $440 per week on July 1, 2009.
- Business Council opposed.
OTHER ISSUES
Staff Contact: Maggie Moree
Commission to Study and Make Recommendations on Fair Competition in Outdoor Recreation Industry
S.6835-B (Seward) / A.10123-A (Destito)
Passed Both Houses
- Establishes an 11 member commission to study the business competitiveness issues between public and privately owned ski, camping, golf facilities in New York State.
- Business Council supported.
Children’s Product Safety & Recall Effectiveness Act
S.8297 (Fuschillo) / A.11316 (Pheffer) @ Request of the Governor
Passed Both Houses
- Requires manufacturers of ‘durable juvenile products’ defined to include cribs, car seats, high chairs, playpens for children under five years old and sold in NYS to include a product safety owner card at time of original purpose.
- Prohibits the sale of recalled toys and other children’s products.
- Requires that sellers of children’s durable goods notify consumers of such recalls.
- Requires warning labels for children’s products that contain lead, magnets or liquids.
- Business Council took no position.
“Jobs And Trade Act”
S.4786-A (Maziarz) / A.8567-A (Colton)
Passed Senate; Assembly Rules Committee
- Requires the consent of the State Legislature to bind New York State to international trade agreements.
- Establishes a labor and trade enforcement task force within the Department of Labor to analyze the potential impact of trade proposals to the state, assess the impact of trade on the state economy and make trade policy recommendations, and assist local workers, firms and communities on trade matters.
- Business Council opposed.
Use of Unemployment Insurance Wage Data by State Agencies
S.8206 (Robach) / A.10848 (John) @ Request of Department of Labor
Passed Both Houses
- Conforms state definition of “unemployment insurance information” federal regulations.
- Expands access to employer and employee information contained within the wage data to four more state agencies for various purposes.
- Allows Department of Labor to share wage data with its contractors and subcontractors to carry out its statutory functions.
- Business Council opposed.
TAXATION AND REAL PROPERTY TAXES
Staff Contact: Ken Pokalsky
Real Property Tax Cap
S.8720-A (Rules)
Senate Rules Committee
- Original version of this bill was Governor Paterson’s proposal based on the Suozzi Commission report; the A print included a 2010 sunset.
- Imposed cap on increase in school real property taxes of four percent or 120 percent of the CPI increase.
- Business Council supports with amendments.
RPT Circuit Breaker
S.1053-A (Little) / A.1575-A (Galef)
Senate Finance Committee; Assembly Ways & Means Committee
- Would have created a tiered, means-tested real property tax circuit breaker.
- Business Council opposed expanded circuit breaker legislation outside the context of broader RPT reform.
Financial Services ITC
S.8681 (Golden) / A.11736 (Rules @ request of Silver)
Passed Both Houses
- Adds “registered investment advisor” to eligible categories for ITC.
- Allows taxpayer to aggregate broker/dealer and investment advisory functions, and for a taxpayer and affiliates to aggregate activities for purpose of qualifying for the ITC.
- Deletes the “all or substantial portion” test for employees to be in these functions in order to qualify; instead sets an 80 percent of employees test.
- Sets alternative head count qualification criteria.
- Business Council supported.
Gramm-Leach-Bliley Transition
S.8633 (Rules) / A.11599 (Bing)
Passed Both Houses
- Clarifies that the taxation method of a bank remains the same even if the corporate structure of a bank changes during the transitional period under Gramm-Leach-Bliley.
- Business Council supported.
REITs
S.8462 (Skelos) / A.11522 (Rules @ request of Morelle)
Passed Both Houses
- Allows for separate computation of income when one or more mutual fund service provider is required to be included in a combined return with one or more banking corporation that is not a mutual fund service provider.
- Business Council took no position.
TELECOMMUNICATION
Staff Contact: Marcus Ferguson
Net Regulation
S.7664-B (Maziarz) / A.11008 (Brodsky)
Passed Senate; Assembly Corporation and Authorities Committee
- Eliminates state regulation of Voice over Internet Protocol (VoIP) service.
- Business Council supported.
Expanding Recovery of Non-Economic Damages in Wrongful Death Action
S.1266 (DeFrancisco) / A.6420 (Weinstein)
Senate Judiciary Committee; Assembly Judiciary Committee
- Current law allows recovery for ALL economic losses arising from the death of a family member.
- This bill would allow award to cover “pain & suffering” for those not directly injured.
- Businesses would pass those costs on to consumers in the form of higher prices for goods and services while local governments would pass additional costs onto property taxpayers.
- Business Council opposed.
Prejudgment Interest on Personal Injury Cases
S.6365 (Senator Maltese 2007) Enacting Clause Stricken
Not Active in Current Season
- This bill authorized payment of interest accrued during period of time before final court decision is awarded.
- Business Council opposed.
Discovery of Evidence
S.5256-B (DeFrancisco) / A.8691-B (Lancman)
Senate Codes Committee; Passed Assembly
- Would overturn a recent Court of Appeals decision by continuing to permit the gathering information by Plaintiff’s attorneys via ex parte communication with treating physicians while expressly denying the defense bar the same opportunity.
- Business Council opposed.
Circumventing Workers’ Compensation
S.2065 (DeFrancisco) / A.6310 (Weinstein)
Senate Rules Committee; Assembly Third Reading Calendar
- In certain cases, by permits recovery of additional monies from an employer who already paid workers’ comp claims.
- Business Council opposed.
Giving Trial Lawyers More Than What Juries Award
S.7482 (DeFrancisco) / A.9157 (Weinstein)
Senate Rules Committee; Assembly Third Reading Calendar
- Would allow collection of more than 100 percent of a jury award in cases where one party settles before trial.
- Business Council opposed.
“Scaffold Law” Reform
S.4317 (Volker)
Senate Codes Committee
- The legislation substitutes a comparative negligence standard rather than strict liability, for actions arising under Labor Law sections 240 and 241, respecting elevation related claims asserted by recalcitrant workers.
- Business Council supported.
Reforms the Arcane Hiring Practices of the Waterfront Commission of NY/NJ
S.182 (Alesi)
Senate Corporations, Authorities and Commissions Committee;
Assembly Corporations, Authorities and Commissions Committee
- See Summary Under “Construction”.
UNEMPLOYMENT COMPENSATION
Staff Contact: Maggie Moree
Increase UI Benefits; Increase Taxable Wage Base
S.8718 (Rules) Governor’s Program Bill #75
A.11642 (John)
Senate Rules; Assembly Ways & Means Committee
- Both bills would increase the UI taxable wage base from $8,500 to $9,750 starting January 2009, to $13,000 by 2011. Thereafter the taxable wage base will be calculated by the Department of Labor sufficient to cover the annual increases in maximum weekly benefits.
- Both bills increase, starting January 2009, the maximum weekly UI benefits from a current maximum of $405 to $475, to a maximum of $550 by 2011. Starting in 2013, the maximum benefit would be equal to one-half the state average weekly wage as calculated by the Department in 2013.
- Business Council opposed.
Changing the Method of Charging UI Benefits to Responsible Employers
S.8213 (Robach) / A.10849 (John)
Passed Senate; Assembly Rules Committee
- Amends Chapter 106 of the Laws of 2007 to simplify the means by which UI charges are assessed to the separating employers, particularly those who employed individuals for limited period of time.
- Business Council took no position.
WORKERS’ COMPENSATION
Staff Contact: Ken Pokalsky
Self Insured Groups
S.8708 (Rules) /
A.11756 (John)
Passed Both Houses
- Allows borrowing from uninsured employers fund to offset assessments on groups and self-insured employers.
- Imposes additional financial oversight and regulatory restrictions on self-insured groups and group administrators.
- Includes increased funding for, and state oversight of, occupational health clinics.
- Business Council opposed.
Filing of Claims
S.7849 (Robach) / A.4128 (Perry)
Passed Both Houses
- Requires employers to provide employees with “all information necessary to enable such employee to properly file a claim for workers' compensation benefits” up injury.
- Business Council opposed.
ATF
S.6416 (Rules)
Senate Labor Committee
- Repeals mandate that commercial carriers deposit net current value of PPD claims into state aggregate trust fund
- Note that S.8718, which increased UI taxable wage base and indexed maximum UI benefits to the average weekly wage, also included a proposed ATF repeal
- Business Council supported.
Board Notification
S.8400 (Robach) / A.11700 (John)
Passed Both Houses
- Requires all carriers and State Insurance Fund to notify the Workers’ Comp Board when they issue, reinstate, amend or endorse coverage.
- Adopts similar notification requirements related to disability insurance coverage.
- Business Council took no position.
Lyme Disease
S.2038 (LaValle) / A.3897 (Brodsky)
Passed Both Houses
- Includes Lyme disease as an occupational disease for workers involved with landscaping operations, tree pruning, spraying, repairing, or related occupation which creates exposure to Lyme disease carrying organisms, or care or handling of animals.
- Business Council took no position.
World Trade Center
S.8676 (Golden) / A.11730 (Rules @ Request of Silver)
Passed Both Houses
- Modifies presumption for injuries and illnesses for certain 9/11 responders, adopted in 2004.
- Extends accidental disability presumptions to city and state workers who had not been required to have a pre-employment physical; workers who participated in emergency response within first 48 hours; certain state and county corrections officers; 911 dispatchers; and several other categories.
- Business Council took no position.
