2009 End of Session Legislative Wrap-up

CONSTRUCTION
Contact: Walter Pacholczak

Reform Labor Law 240-241
A.1895 (Morelle)
Assembly Judiciary Committee

  • 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.

Prevailing Wage Mandate on Off-Site Custom Fabrication
S.588 (Marcellino) / A.3101 (John)
Senate and Assembly Labor Committees

  • Imposes a prevailing wage mandate on certain off-site custom fabrication for related public works projects.
  • Business Council opposed. 

CONTRACT PROCUREMENT
Contact: Margaret Moree

Procurement Lobbying Law Extension
S.60428 (Rules) / A. 8423 (Destito)
Chapter 169

  • Extends until March 10, 2010, all provisions of the Lobbying Law Reform Act of 2005.
  • Business Council took no position on the extender bill. 

ECONOMIC DEVELOPMENT
Contact: Ken Pokalsky

Power for Jobs Extension
S.6031 (Aubertine) / A.9039 (Cahill)
Chapter 217

  • Extends expiration of the power for jobs program and the energy costs savings benefit program through May 15, 2009
  • Requires the state to assess energy conservation efforts among recipients; requires ESDC to evaluate the economic impact of NYPA programs.
  • Business Council supported.

IDA Restrictions
S.1241 (Thompson)/A.3659 (Hoyt)
Senate Finance Committee, Assembly Local Governments Committee

  • imposes construction and operation wage mandates on IDA financed projects
  • imposes new review, approval and disclosure requirements on IDAs
  • requires community impact assessments of proposed IDA projects
  • imposes benefit “clawback” provisions
  • provides for citizen enforcement of IDA financing agreements
  • Business Council opposed

IDA Reform/Civic Facility Authority
S.5787 (Stachowski)/A.8632-A (Morelle)
Senate and Assembly Local Government Committees

  • reestablishes authority for IDA to finance civic facilities
  • Expands public notice requirements for proposed projects
  • Requires public hearings on new IDA-specific tax incentive policies
  • Business Council supports.

Wine/Liquor Industry Recovery Act
S.5787 (Krueger)/A.8632-A (Morelle)
Senate Rules Committee, Assembly Economic Development Committee

  • Authorizes sale of wine in grocery stores
  • Allows liquor stores to sell “complementary” products & to sell to businesses licensed for on-site consumption
  • Authorizes ownership of multiple stores
  • Creates system of sellable medallions  
  • Business Council supports.

NYPA Energy Efficiency Programs
S.6050 (Stachowski) / A.9040 (Cahill)
Passed both houses

  • Broadens NYPA’s authority to provide energy conservation services to public entities and to recipients of NYPA economic development power programs.
  • Business Council supported.

Shareholder Remote Participation
S.5793 (Krueger) / A.1567 Brodsky (MS)
Senate Rules / Passed Assembly

  • Required NYS incorporated business to undertake reasonable steps to all shareholders to attend meetings via remote communication and to be deemed present for voting purposes
  • Business Council opposed.

Economic Development Program Performance Plans
S.4437 (Stachowski) / A.2854 (Schimminger)
Passed both houses

  • Directs the commissioner of economic development to prepare performance plans covering financial and business assistance programs and reports thereon.
  • Establishes a private industry review council to review existing economic development programs and report as to the delivery of services thereunder.
  • Business Council took no position.

In-State Suppliers
S.1608 (Valesky) / A.250 (Magnarelli)
Passed both houses

  • Requires entities applying for or receiving NYSTAR grants to commit to first considering New York companies as primary suppliers.
  • Business Council opposed.

Technology Commercialization
S.2289-A (Stachowski) / A.251-A (Magnarelli)
Passed both houses

  • Creates a regional technology commercialization fund and grant program in the New York state foundation for science, technology and innovation.
  • Business Council supported.

Empire Zone Technical Amendments
S.5598-B (Stachowski) / A.8803-A (Schimminger)  
Passed Senate / Assembly Ways & Means Committee

  • Modifies provisions for decertifying Empire Zone enterprises that were adopted as part of the FY 2010 budget
  • Defines “change of ownership”
  • Provides that decertifications based on new criteria are effective 1/1/2009
  • Provides that companies that have more than one Empire Zone location shall be reviewed in the aggregate when performing the newly established decertification tests;
  • Provides that QEZEs that switched their tax identification number in 2002 and prior shall not be decertified if they pass the cost benefit ration test.
  • Business Council supported.

Empire Zone Task Force
S.5575-A (Stachowski) / No same as
Passed Senate

  • Creates a task force comprised of government and private sector businesses and organizations to recommend alternative economic development programs and policies to replace the current Empire Zones program.
  • Business Council took no position.

“New York main street program”
S.6017 (Valesky) / A.7967-A (Hoyt)
Passed both houses

  • Establishes the New York Main street program to provide financial and technical assistance to help communities preserve and revitalize downtown business districts.
  • Business Council took no position.

Green jobs Act / Green jobs fund
S.5888 (Aubertine) / A.8901 (Silver)
Senate Rules committee / Passed Assembly

  • Establishes the green jobs-green New York act, to promote energy efficiency, energy conservation and the installation of clean energy technologies, to reduce energy consumption and costs, reduce greenhouse gas emissions, support sustainable community development and to create green job opportunities.
  • Appropriates $112 million of revenues from sale of RGGI CO2 emission allowances.
  • Requires establishment of “one bill” financing of consumer efficiency investments.
  • Business Council opposed.

ENERGY
Contact: Heather Briccetti

Streetcutter Prevailing Wage
S.632 (Fuschillo) / A.404 (John)
Senate Labor Committee / Assembly calendar

  • 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.

Utility Transmission Siting Intervenor Funds
S.1599-a (Valesky) / A.1122 (Destito)
Passed both houses

  • Requires applications to the Public Service Commission for proposed electric transmission projects be accompanied by new fees, ranging from $50,000 for projects using an existing right-of-way and extending up to 50 miles, to $450,000 for projects extending a distance of over 100 miles.
  • Business Council opposed.

Greenhouse Gas Emission Limits
S.1209 (Thompson)
Senate Environmental Conservation Committee

  • Requires the Department of Environmental Conservation to impose restrictions on carbon dioxide and other greenhouse emissions from any source, including but not limited to manufacturing, power generation, fuel processing and others.
  • Business Council opposed.

Utility Herbicide Prohibition
S.3295 (Thompson) / A.1987-A (Parment)
Senate Agriculture Committee / Assembly 3rd reading calendar

  • Would prohibit the use of herbicides, defoliants, desiccants and plant regulators on any utility right of way of any telephone, telegraph, pipeline, gas, or electric corporation.
  • Business Council opposed.

Siting of Major Electric Generating Facilities
A. 2082 (O’Mara)
Assembly Energy Committee

  • Would re-enact a streamlined Article X law for siting major power plants.
  • Business Council supported.

North Country Power Authority
S.2813-A (Aubertine) / A.6694-B (Russell)
Passed Senate/ Assembly Ways & Means

  • Would create a “North Country Power Authority,” which would either purchase or take by eminent domain National Grid’s existing electric power transmission and distribution infrastructure located within certain Franklin and St. Lawrence county townships.
  • Business Council opposed.

Utility Call Centers
S.4208 (Savino) / A.7593 (Cahill)
Senate Energy Committee / Passed Assembly

  • 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.

Water Testing when drilling Oil or Gas Wells
A. 8784 (Sweeney)
Assembly Codes Committee

  • Would require annual testing of all oil producing or natural gas wells, including low-volume/low-profit wells.
  • Business Council opposed.

Carbon Capture and Sequestration
S.53303 (Rules) / A.8802 (Parment)
Senate Rules Committee / Assembly Environmental Conservation Committee

  • Would establish the legal framework for state permitting of carbon sequestration, necessary to allow the Oxy-Coal Circulating Fluidized Bed (CFB) power plant proposed by the New York Oxy-Coal Alliance to be constructed in Jamestown, New York to go forward with its funding and development.
  • Business Council supported.

ENVIRONMENT
Contact: Marcus Ferguson

Greenhouse Gas Emissions Limitations
S.4315 (Thompson) / A.7572 (Sweeney); (Note: see also S.8390 (Morahan))
Senate Finance Committee / Passed Assembly

  • Would require the DEC to impose restrictions on carbon dioxide and other greenhouse emissions from any source, including but not limited to manufacturing, power generation, fuel processing and others. 
  • Mandates that emissions by 2012 not exceed “aggregate levels of greenhouse gas emissions” for 1990, and mandate further emission reductions after that date.  This limit would be “enforceable.”
  • Business Council opposed.

Greenhouse Gas Allowances Revenues
S.2764 (Thompson) / A.6321 (Sweeney)
Senate Finance Committee / Passed Assembly

  • Would dedicate all funds from the auction of emissions allowances associated with the Regional Greenhouse Gas Initiative (RGGI) for the purpose of supporting investments in energy efficiency, renewable power sources and carbon emission abatement technology such.
  • Business Council opposed.

Electronics Waste Recycling
S.6047 (Thompson) / A.9049 (Sweeney)
Senate Calendar/ Passed Assembly

  • Would mandate manufacturers to become responsible for the collection, handling and recycling of electronics waste.
  • Business Council opposed.

Bisphonel-A Ban
S.3296-C (Thompson) / A.6919-B (Englebright)
Senate Codes Committee / Passed Assembly

  • Would ban the manufacture, distribution, and sale of toys or child care products, and food or beverage containers used by children that contain the chemical bisphenol-A (BPA).
  • Business Council opposed.

Standing to Sue for SEQRA Violations
S.1635 (Thompson) / A.3423 (Bradley)
Senate Calendar / Passed Assembly

  • Would confer standing on private citizens to bring suits in response to alleged violations of the environmental quality review provisions of the Environmental Conservation Law.
  • Business Council opposed.

Citizen Suits
S.1730 (Schneiderman) / A.4272 (Brodsky)
Senate Codes Committee / Passed Assembly

  • Would allow private "citizen suits" to be brought in response to alleged violations of the Environmental Conservation Law, and to enforce administrative or judicial orders under the state's inactive hazardous waste site remedial program.
  • Business Council opposed.

Record of Compliance
S.4950 (Thompson) and A.4110-A (Brodsky) (not same as)
Senate Calendar / Passed Assembly

  • Would require detailed “record of compliance” data to be submitted with every environmental permit application filed with the Department of Environmental Conservation.
  • Business Council opposed

Liens for Superfund Expenditures
S.4952 (Thompson) / A.1975 (Lifton)
Senate Finance Committee / Assembly Calendar

  • Would allow the state to impose liens on the real property and personal property of responsible parties at state superfund sites, in instances when state funds have been spent on site remediation.
  • Business Council opposed.

Solid Waste Management Facilities Permitting
S.3777 (Thompson) / A.5765
Senate Calendar / Passed Assembly

  • Would require applicants for a permit to construct and operate a privately owned solid waste management facility to demonstrate consistency with the local solid waste management plan.
  • Business Council opposed.

Public Protection Act (aka “Precautionary Principle”)
S.862 (Marcellino) / A.3420 (Sweeney)
Senate Environment Committee / Assembly Ways & Means Committee

  • Creates a new directive for the state to take precautionary measures to protect public health and the environment where threats of harm to human health or the environment exist, even if there is a lack of full scientific certainty about cause and effect.
  • Business Council opposed.

FINANCIAL SERVICES
Contact:  Walter Pacholczak

Standards Relating to Stock and Mutual Insurance Companies 
S.3635-B (Breslin) / A.1005-C (Bing)
Passed both houses

  • Revises standards relating to the incorporation of stock and/or mutual insurance companies in New York so that the minimum board size can be reduced to seven, from the current minimum size of thirteen for large companies and nine for small companies for both mutual and stock companies; the NYS residency requirement is reduced from two to one directors; the incorporators of an insurance corporation need only list their city and state of residence in newspapers and the company charter; and mutual insurers can reduce the requirement for at least two principal officers as members of the board to at least one principal officer.
  • Business Council supported.

Licensure of Life Settlement Brokers
S.3655-A (Breslin) / A.7131-A (Morelle)
Senate Codes / Passed Assembly

  • This bill would provide a new comprehensive statutory framework to regulate the life settlement business, including enhanced consumer protections.
  • Business Council supported. 

Group Life and Group Accident and Health Insurance Policies
S.6014-A (Breslin) / A.8545-A (Morelle)
Senate Rules Committee / Assembly Insurance Committee

  • Relates to group life and group accident and health insurance policies; revises certain provisions relating to minimum participation requirements by employees in group life and certain group accident and health insurance contracts.
  • Business Council supported. 

Private Right of Action for Improper Debt Collection Procedures
S.2459-A (Sampson) / A.3532-A (Gianaris)
Senate Consumer Protection Committee / Passed Assembly

  • Creates a private right of action for improper debt collection procedures; allows plaintiff’s to recover punitive damages and reasonable attorneys' fees.
  • Business Council opposed. 

Savings Bank, Savings and Loan Association or Credit Union Municipal Deposit Program
S.717 (C.Johnson) / A.4319-A (Weisenberg)
Senate Finance Committee / Assembly Ways and Means Committee

  • Allows savings banks, savings and loan associations and credit unions to accept deposits from municipalities when such local governing body designates, by resolution, one or more savings banks, savings and loan associations or credit unions as its depositary financial institution.
  • Business Council opposed.

Restrictions on Use of Consumer Credit Reports
S.2572-D (Monserrate) / A.1537-D (Peralta)
Senate Consumer Protection Committee / Assembly Consumer Affairs and Protection Committee

  • Prohibits providers of service from solely relying upon consumer credit reports for the purpose of determining whether to provide consumers with service, or for the purpose of requiring the payment of a deposit, fee or higher rate.
  • Business Council opposed.

Mortgage Bill of Rights
S.2367-B (Monserrate) / A.257-B (Peralta)
Senate Finance Committee / Passed Assembly

  • Requires mortgage lenders and brokers to provide the consumer with a Mortgage Bill of Rights brochure which must be signed by the consumer prior to mortgage application.
  • Business Council opposed. 

Shareholder Remote Participation
S.5793 (Krueger) / A.1567 (Brodsky)
Senate Rules Committee / Passed Assembly

  • Mandates that every corporation whose shares are traded on a stock exchange or in the over-the-counter market shall: (1) implement reasonable measures to provide shareholders not physically present at a shareholders' meeting a reasonable opportunity to witness the proceedings of the meeting substantially concurrently with such proceedings; and (2) provide reasonable means to enable shareholders to vote or cast proxies with respect to matters submitted to the shareholders at a shareholders' meeting by means of electronic communication.
  • Business Council opposed. 

Expands Authority under the Martin Act
S.5768 (Schneiderman) / A.8646 (Brodsky)
Senate and Assembly Corporations, Authorities and Commissions Committees

  • Significantly increases the legal exposure of the business community by authorizing a public retirement system, mutual fund, or other institutional investor to bring actions for damages sustained due to violations of the Martin Act.
  • Business Council opposed. 

GENERAL COUNSELS
Contact: Heather Briccetti

E-Discovery
S.6000 (Weprin)/No Same As
Assembly Codes Committee

  • Establishes requirements for retention of electronic documents; governs discovery of e-documents in civil cases.  
  • Business Council proposed amendments, but did not take a position on this bill. 

GOVERNMENT REFORM
Contact: Margaret Moree

NY Government Reorganization & Citizen Empowerment Act
S.5661 (Stewart-Cousins) / A.8501(Silver)
Chapter 74

  • Provides a comprehensive, uniform mechanism for the consolidation or dissolution of local government entities, excluding school districts.
  • Business Council supported.

Independent Public Authority Office
S.1537-C (Perkins) / A.2209-C (Brodsky)
Passed both houses

  • Creates an independent office within the Department of State to monitor public authorities.
  • Adds new whistleblower protections.
  • Requires public authorities to record lobbying contacts
  • Adds new requirements permitting the Office of State Comptroller to approve public authority contracts and bids.

HEALTH CARE/HEALTH INSURANCE
Contact: Margaret Moree

Premium Rate Setting
S.3062 (Seward) / A.4688 (Morelle)
Senate Insurance Committee / Assembly Insurance Committee

  • Amends the alternate rate adjustment process known as “file and use”  by standardizing the calculation of the minimum loss ratio, expanding safeguards to ensure the integrity of rate changes and giving the Superintendent of Insurance increased enforcement authority. 
  • Business Council supports with revisions.

Timothy’s Law Mental Health Mandate
S.5672 (Huntley) / A.8611 (Morelle) - Governor’s Program Bill #17
Passed both houses / Signed by Governor on 7/11/09

  • Makes permanent the mental health insurance mandate known as Timothy’s Law by eliminating the scheduled 12/31/09 expiration and repeal of the mandate.
  • Business Council opposed.  

Medical Liability Premiums
S.6029 (Rules) / A. 9036 (Gottfried) - Governor’s Program Bill #72
Passed both houses / Signed by Governor on 7/11/09

  • Extends for one year the freeze on physician medical malpractice premium rates, which had expired June 30.
  • Business Council took no position.

State Continuation (Health) Benefits
S.52202 (Rules) / S.5471 (Breslin) / A. 8400 (Peoples) – Governor’s Program Bill #11
Passed both houses / Delivered to Governor on 7/22/09

  • Allow workers, regardless of the size of their employer, to extend their COBRA-like health insurance continuation benefit from 18 months to 36 months.
  • Business Council took no position.

Managed Care Market Conduct Reform
S.52201 (Rules) / S.5472-A (Breslin) / A.8402-A (Morelle) - Governor’s Program Bill #13
Passed both houses / Delivered to Governor on 7/22/09

  • Establishes and amends dozens of provisions regarding the interaction among health insurers, health-care providers and state regulators and provisions regarding consumer protections.  These include issues relating to: claims denials and claims processing; timely payment of claims; treatment by a non-participating provider in an in-network setting; provisional credentialing of physicians; external appeal process; utilization review timeframes; and the definition of and contractual provisions regarding the treatment of “rare diseases”.  This legislation builds upon the Managed Care Reform Act of 1996, the External Appeal Law of 1998, and the enactment of related provisions in 2007.
  • Business Council took no position.

Dependent Coverage to Age 29
S.51104 (Rules) / S.6030 (Breslin) / A.9038 (Morelle) - Governor’s Program Bill #74
Passed both houses / Delivered to Governor on 7/22/09

  • Requires insurers to offer an option to continue health coverage for unmarried young adults through age 29, regardless of financial dependence, under a parent’s group health insurance policy; employers would not be required to contribute to the cost of coverage.
  • Business Council took no position.

Family Health Plus Employer Buy-In Expansion
S.53301 (Rules) / S.6024 (Breslin) / A. 9033 (Gottfried) - Governor’s Program Bill #70
Passed both houses

  • Authorizes the purchase of coverage under Family Health Plus (FHP) by voluntary employee benefit associations, or VEBAs.  In 2007, employers and Taft-Hartley funds were authorized to purchase coverage under FHP; this bill expands eligibility to VEBAs.
  • Business Council took no position.

Premium Rate Setting
S.5470 (Breslin) / A.8280 (Morelle) - Governor’s Program Bill #15
Senate Insurance Committee / Assembly Insurance Committee

  • Makes the process known as “prior approval” the exclusive mechanism for adjusting health insurance premium rates for existing products in the small group and individual insurance markets and eliminates the alternate rate adjustment process known as “file and use”; increases the minimum loss ratio to not less than 85 percent for small group and individual policies, from 75 percent and 80 percent respectively.
  • Business Council opposed.  

Marketing Prohibitions, Disclosure Provisions on Pharmaceutical, Medical Device Manufacturers
S.6015 (Rules)
Senate Rules

  • Bans payments or gifts from pharmaceutical and medical device manufacturers to physicians and other prescribers in excess of $50 per year, and requires disclosure of financial relationships of presenters of continuing medical education with these manufacturers. 
  • Business Council opposed. 

Commercial Use of Physician Prescribing Data
S.4111-A (Klein) / A.5891-B (Cahill)
Senate Third Reading / Assembly Consumer Protection Committee

  • Prohibits the sale of physician identified prescription records when such records will be used to market prescription drugs to doctors and other medical personnel who write prescriptions
  • Business Council opposed.

Prescription Drug Importation
S.1645 (Diaz) / A.7666 (Dinowitz)
Senate Finance Committee / Assembly Aging Committee

  • Authorizes the Executive Director of the State Office for the Aging to establish a program that would allow EPIC-eligible recipients to fill prescriptions through a Canadian mail order company.
  • Business Council opposed.

Direct-to-Consumer Advertising Liability
S.3157 (Monserrate) / A.5201 (Brodsky)
Senate Consumer Protection / Assembly Consumer Affairs and Protection

  • Requires that manufacturers of prescription drugs who engage in direct-to-consumer advertising inform patients of the foreseeable risks of harm associated with their products, and creates liability when failure to do so results in harm to a patient.
  • Business Council opposed.

LABOR AND HUMAN RESOURCES
Contact: Tom Minnick

Paid Family Leave
S.5791 (Savino) / A.8742 (Silver)
Senate Rules Committee / Assembly Labor committee

  • Would require all private sector employers to 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.
  • Increase the NYS disability insurance benefit maximum from the current $170 per week to almost $600 per week in three years; requires employers of 25 or more to guarantee the job upon return.
  • Business Council opposed.

Pay Equity – the NYS Fair Pay Act
S.955 (C. Johnson) / A.3911 (John)
Senate Finance Committee / Passed Assembly

  • Would authorize the state department of labor to create a single job comparison system and impose it on all employers of three or more employees throughout the state; would change state labor law from a policy of equal pay for equal work to equal pay for different work.
  • Business Council opposed.

Electronic Employee Monitoring
S.4755 (Addabbo) / A.3871-A (Rosenthal)
Senate Rules / Passed Assembly

  • Would require new employee notification, annual re-notification and a new workplace posting notification if employers electronically monitor employees in the course of business.
  • Business Council opposed.

Motor Carrier Employee Overtime Pay
S.3397-A (Onorato) / A.1690-A (Brodsky)
Senate Rules Committee / Assembly Labor Committee

  • Would override a decades-long provision in the federal Fair Labor Standards Act which excludes certain motor carrier employees from overtime pay provisions.
  • Business Council opposed.

Right to view personnel files
S.1629 (Oppenheimer) / A.4350 (Heastie)
Senate Finance Committee / Assembly Calendar

  • Would require employers to open personnel files to review and duplication by employees and their representatives.
  • Business Council opposed.

Written notice of rate of pay and pay days
S.3357 (Onorato) / A.6962 (Latimer)
Passed both houses

  • Expand existing notification by requiring it in writing and requiring employers to obtain a written acknowledgement from each employee
  • Business Council opposed.

TAXATION
Contact: Ken Pokalsky

NYC Business Tax Conformance
S.5898 (Krueger) / A.8867 (Farrell)
Chapter 201

  • Brings New York City business taxes into conformance with recent changes in New York State corporate and bank taxes.
  • Business Council opposed certain provisions.

Real Estate Assessments
A4027-A (Sweeney) and S.1706-A (Oppenheimer)/ A.4588A (Bradley)
Senate Local Governments Committee / Both bills passed Assembly

  • Authorizes certain counties to establish commercial real property tax assessment ratio.
  • Business Council opposed.

Commercial Production Credit
S.5998 (Klein) / A.8018-A (Morelle)
Passed both houses

  • Expands the definition of qualified production costs under the state’s commercial production tax credit
  • Business Council took no position.

NYC Biotech Credit
S.4845-B (Duane) / A.8131 (Weprin)
Passed both houses

  • Authorizes New York City to provide a biotechnology credit to be taken against the general corporation, unincorporated business and banking taxes.
  • Business Council took no position.

NYC Unincorporated Business Tax Credit
S.5519 (Kruger) / A.8615 (Farrell)
Chapter 183

  • Provides an exemption from NYC’s unincorporated business tax for businesses with tax liability of less than $5,400.
  • Business Council supported.

NYC Sales Tax
S.5897 (Krueger) / A.8866 (Farrell)
Chapter 200

  • Increases NYC’s sales tax by one-quarter of one percent; extends the NYC sales tax to certain energy services.
  • Business Council opposed.

Aircraft Maintenance
S.5516 (Stachowski) / A.8891 (Schimminger)
Chapter 204

  • Repeals the December 1, 2009 expiration date of the current sales tax exemption for the maintenance, repair, overhaul or rebuilding of aircraft.
  • Business Council supported.

Historic Rehabilitations
S.2960-B (Valesky) / A.6471-B (Hoyt)
Passed Senate / Assembly Ways & Means committee

  • Provides a tax credit for rehabilitation of historic properties; repeals section 5 of chapter 547 of the laws of 2006
  • Business Council supported.

TELECOMMUNICATIONS
Contact: Marcus Ferguson


Telephone Corporation Call Centers
A.4872-A (Alessi) / No Same As
Assembly Corporations & Authorities Committee

  • Would require telecommunications corporations to provide certain call center services to customers from centers located within their respective in-state service territories.
  • Business Council opposed.

Discounted Telephone Service
A.4967 (Brodsky) / No Same As

  • Would codify and expand Public Service Commission rules to require telecommunications companies to provide discount, or “lifeline” service to low-income New Yorkers.
  • Business Council opposed.

Orders of Protection
A.6509 (Rivera) / No same As

  • Provides victims of domestic violence (for whom an order of protection has been issued by a court of competent jurisdiction) with unlisted telephone directory numbers without charge.
  • Business Council opposed.

Telecommunications Mergers
S.5731 (Aubertine) / A.2208-B (Brodsky)
Senate Energy, telecom committee / Assembly Ways & Means

  • Would require the New York Public Service Commission (PSC) to review and approve telephone company mergers.  In the case of big mergers, those worth $500 million or more, the PSC must affirmatively provide that a substantial portion of the merger benefits go to ratepayers, and must make extensive and specific findings prior to approving such mergers. 
  • Business Council opposed.

TRANSPORTATION
Contact: Walter Pacholczak

Unified Divisible Load Permit
S.5375 (Klein) / A.8326 (Brodsky)
Senate and Assembly Transportation Committees

  • Creates a unified permit for use on State highways, the NYS Thruway, within NYC and MTA structures; to implement changes in the weights and designs of the vehicles authorized to receive such permits to improve enforcement activities related to divisible load permits to enhance economic activity while safely reducing the number of trips required by commercial trucks to provide essential service.
  • Business Council supported. 

Waterfront Commission Act
S.5039 (Hassell-Thompson) / A.5274 (Farrell)
Senate and Assembly Corporations, Authorities and Commissions Committees

  • Amends the Waterfront Commission Act to empower the waterfront commission to accept applications in the longshoremen's register.
  • Business Council supported. 

Metropolitan Transportation Authority Financing 
S.5451 (Dilan) / A.8180 (Silver)
Chapter 25

  • Relates to implementing various supplemental fees and taxes for the metropolitan commuter transportation district.
  • Business Council opposed. 

UNEMPLOYMENT INSURANCE
Contact: Margaret Moree

Modifications to Unemployment Insurance Eligibility; Extension of Benefits
S.4110-A (Onorato) / A. 8273 (Meng)
Chapter 35

  • Changes enacted to allow for maximum receipt of federal stimulus funds.
  • Made changes to voluntary separation provisions of the Labor Law for unemployment insurance eligibility purposes.
  • Modified the means by which the state triggers are measured for extended unemployment insurance benefit purposes
  • Made conforming amendments to ensure State was eligible to receive up to $275 million of federal distribution to the state unemployment trust account, which will not have to be paid back.
  • Business Council supported.

Increase in Unemployment Insurance Benefits; Indexing of the Taxable Wage Base
S.2247 (Onorato) / A. 4921 (John)
Senate Rules / Assembly Ways & Means

  • Provide for an increase in each of next 4 years in maximum unemployment insurance benefit; concomitant increase in the taxable wage base to pay for the benefit increases.
  • Commencing in 2013, indexing taxable wage base and benefit increases.
  • Business Council opposed.

WORKERS COMPENSATION
Contact: Ken Pokalsky

Permanent Disability
S.2781 (Onorato) / A.2135 (John)
Senate Labor Committee / Assembly Labor Committee

  • Would provide “rebuttable presumption” of total disability for claimants that qualified for Social Security Disability benefits for any period of time.
  • Business Council opposed.

Cost of Living Increases
S.1970-A (Stachowski) / A.3117-A (Schroeder)
Senate Finance Committee / Assembly Labor Committee

  • Provided cost-of-living adjustments and increased benefit calculations for certain past death benefits and permanent total disability claimants.
  • Would have resulted in more than 5 percent increase in total workers’ comp program costs.
  • Business Council opposed.

Lump Sum Payments
S.2776-B (Onorato) / A.2021-B (John)
Passed both houses

  • Provides that certain workers' compensation payments may be made in one lump sum without commutation to a present value amount.
  • Business Council reviewed, but did not take a position on, this legislation.

Occupational Health Clinic Funding
S.2249 (Onorato) / A.469 (John)  
Senate Finance Committee / Assembly Ways & Means Committee

  • Would in effect index state funding of occupational health clinic program to increases in inflation.
  • requires employer assessments to continue to finance increased state clinic funding.
  • Business Council opposed.

Lyme Disease
S.2732 (Lavalle) / A.4984 (Brodsky)
Senate Rules / Passed Assembly

  • Would have specifically included Lyme disease as an occupational disease which is compensable under the workers' compensation law.
  • Business Council opposed.