End of Legislative Session Update
updated to reflect Governor actions as of 12/29/2011

Administrative Procedures

Staff Contact: Ken Pokalsky

  • Regulatory Compliance.
    Chapter 524.
    S.4816 (Carlucci)/A.7445 (Lavine)
    Requires agencies subject to the Administrative Procedures Act, when developing a regulation regarding violations and/or penalties, to consider adoption of a “cure period” or “other opportunity for ameliorative action” for small business subject to the rule.
    The Business Council supported this legislation.

Contract Procurement   

Staff Contact:  Maggie Moree & Heather Jung

  • Mandate Relief Provisions.
    Chapter 97.
    S.5856 (Skelos)/A.8518 (Lopez), Part C, Subpart A    .
    As part of the property tax cap bill, the legislature approved a number of mandate relief provisions affecting state contracts, including: authorizing OGS to use centralized services fund for state and local energy purchases; permits municipalities to purchase IT and telecommunications hardware, software, and professional services through cooperative purchasing  permissible pursuant to federal GSA IT schedule 70; permits municipalities to make purchases or contract for services – including public work - through counties (except for services subject to prevailing wage requirements for building services); permits counties to make purchases or contract for service, including public work, on behalf of municipalities and fire districts except for services subject to article 9 of the Labor law; permits municipalities to purchase from federal GSA supply schedules.
  • Annual report of temporary employees by state agencies and public authorities.
    Veto 63.
    S.4987 (Golden)/A.7480-A (DenDekker)
    Requires head of Division of Budget and president of Civil Service Commission to submit an annual detailed report to the chairs of the Senate Finance and Assembly Ways and Means Committees on the use of temporary employees by state agencies.
    Governor Cuomo, during his June 22 press conference announcing the collective bargaining agreement with CSEA, announced the State and CSEA will form a joint commission to look at the use of temporary and contract employees and make recommendations to the Division of Budget and Department of Civil Service.
    The Business Council opposes this legislation as it seems duplicative of existing statutes and processes.
  • Prohibits state entities from disseminating advertisements related to their central mission.
    Veto 56.
    S.3335 (Lanza)/A.3320 (Hoyt)
    State entities that contract for advertising materials to the public would be prohibited from disseminating any materials that relate directly or indirectly to the state entity’s central mission.
    The Business Council opposed this legislation.
  • Establishes a “best value” standard when awarding state contracts.
    Delivered 12/28/11
    S.4753-A (Ranzenhofer)/A.7357-A (Heastie)
    Establishes a “best value” standard when awarding state contracts to a responsible bidder for goods and services.
    The Business Council is concerned about best value’s place in the procurement of goods without clear parameters but believes it could be beneficial in regards to service contracts.

Not Approved

  • Allows state agencies discretion as to whether or not to require a bond or other guarantee of performance.
    S.5671 (DeFrancisco)/A.8461 (Gantt)
    Provides a guideline for the amount a letter of credit would need to be issued for a guarantee of performance if required by a procuring state entity; the letter of credit will not exceed the actual risk involved and will not exceed 5% of the total contract.
    The Business Council supported this legislation.
    Passed Senate; Assembly Governmental Operations Committee.
  • Prohibits state contracts with vendors that forbid employees from litigating certain claims.
    S.5802 (Marcellino)/A.7001-A (Titone)
    No state entity would be allowed to enter into a contract with a vendor that requires employees to resolve claims arising under title VII of the civil rights act of 1964, of discrimination, harassment or any tort related claims in private arbitration; allows exceptions for emergency procurements.
    The Business Council opposed this legislation.
    Passed Assembly; Senate Rules Committee.
  • Establishes “Program Procurements” statutory framework.
    S.5817 (Marcellino)/A.8096 (Glick) @ Request of the State Comptroller
    Establishes a statutory framework to be known as “program procurements” for the award of State contracts traditionally called "grants" that are awarded without the formal competitive process required by Article 11 of the State Finance Law.  Sets procedures to be followed to program procurements and allows for pilot procurement projects by state agencies with the approval of the State Comptroller.
    The Business Council supported this legislation.

Economic Development

Staff Contact: Ken Pokalsky

  • Technology Tax Credit.
    Delivered 12/22/11
    S.5633-B (Alesi)/A.7705-B (Lupardo)
    Extends the “qualified emerging technology company” tax credit for capital, development and job training investments until 12/31/2016.
    The Business Council supported this legislation.
  • Innovate NY Fund.
    Chapter 103.
    S.5782 (Alesi)/A.8452 (Schimminger) @ request of Empire State Development.
    Creates the Innovate NY Fund to invest approximately $25 million with firms investing in seed-stage businesses in New York that have developed new technologies, using funds from the federal Small Business Credit Initiative program.
    The Business Council supported this legislation.
  • Centers of Excellence.
    Chapter 162.
    S.5223-B (Libous)/A.6320-C (Lupardo).
    Codifies the “Centers of Excellence” program that has been operating since 2002; requires the centers to annually submit a plan for commercializing products or processes based on innovations developed at Center facilities; requires the state to prepare annual financial reports on and strategic plans for each center.
    The Business Council took no position on this bill.
  • Economic Development Fund.
    Chapter 467.
    S.3834-A (LaValle)/A.7156-A (Magnarelli)
    Expands eligibility criteria for the state’s economic development fund to include biosciences curriculum development and workforce training, as well as facility improvement in accordance with federal regulations.
    The Business Council took no position on this bill. 
  • Land Banks.
    Chapter 257.
    S.663-A (Valesky)/A.373-A (Hoyt)
    Authorizes local taxing jurisdictions to establish “land banks,” to acquire, hold, manage and develop tax-foreclosed properties for the purpose of making land available for economic development purposes.
    The Business Council took no position on this bill.
  • Regional Technology Centers.
    Veto 38.
    S.5570 (Alesi)/A.7742-A (Lupardo)
    Extends current designations of and funding for the state’s ten regional technology centers by one year, until 3/31/2012, while the formal process for re-designating center for a five year period is commenced.
    The Business Council took no position on this bill.

Not Approved

Energy / Utilities

Staff contact: Ken Pokalsky

  • Power Plant Siting/On-bill financing.
    Chapter 388.
    S.5844 (Maziarz)/A.8510 (Cahill)
    This legislation has two major provisions: 1. It directs electric utilities to establish “on bill financing” programs, whereby customers can repay residential efficiency loans received from NYSERDA through their utility bill; and 2. Re-establishes Article X siting law for electric power generating facilities over 25MW in size; establishes 12 month review process (6 months for repowering projects); requires significant intervenor funding; allows siting board to disregard unreasonable local requirements/restrictions; directs DEC to adopt regulations for cumulative impact and disproportionate impact studies and to adopt new CO2 emission standards for power plants. 
    The Business Council supported this legislation.

Not Approved

Environment

Staff Contact: Marcus Ferguson

Not Approved

Ethics / Lobbying Act

Staff Contact: Ken Pokalsky

  • Ethics Reform/Lobbying Act Reform.
    Chapter 399.
    S.5679 (Skelos)/A.8301 (Silver) @ request of Governor Cuomo
    Creates a new “joint commission on public ethics” with responsibility for investigating violations of the Public Officers Law and Lobbying Act; significantly expands financial disclosure requirements for public officials;  requires certain trade associations and similar organizations to disclose major sources of funding for lobbying activities; re-establishes the gift exemption for “widely attended” events, applicable to events with at least 25 non-public official participants; redefines “gift” ban as excluding food or beverage valued at $15 or less; requires all registered lobbyists to complete a Commission provided on-line ethics training course at least once in any three year period; requires disclosure of certain business relationships by public officials; directs the Board of Elections to adopt regulations requiring entities to disclose independent expenditures for advocacy that “expressly identifies a political candidate or ballot proposal.”
    The Business Council did not take a position on this bill.

Financial Services

Staff Contact: Ken Pokalsky

Not Approved

  • Martin Act Expansion.
    S.4497-A (Libous)/ A.6060-A (Lancman)
    Extends the broad authority granted the Attorney General to investigate and enforce against security fraud under the Martin Act to certain public and private sector pension funds, thereby significantly increasing the legal exposure of the business community.
    The Business Council opposed this legislation.
    Senate Consumer Protection Committee; Assembly Codes Committee.
  • Martin Act Surcharge.
    A.8367 (Silver) @ request of the State Comptroller  
    Enacts the "Comptroller Campaign Finance Reform Act" to provide for public financing for campaigns for the office of state comptroller; in part, this legislation would impose a 10 percent surcharge on penalties imposed, or damages or other compensation recovered, for violations of the Martin Act, with revenues to be deposited into this new campaign finance fund.
    The Business Council opposed provision of this bill imposing Martin Act surcharges.
    Passed Assembly; Senate Rules Committee. 
  • Placement Agents.
    S.5632 (Rules)/A.7909 (Abatte) @ request of State Comptroller
    This legislation would prohibit the state’s common retirement fund from engaging with investment managers that use a “placement agent” or other intermediary to assist in obtaining CRF investments.
    The Business Council opposed this legislation.
    Senate Rules Committee; Assembly Government Employees Committee.
  • Sovereign Bond Defaults.
    S.3767 Bonacic/A.7967 Simotas
    Amend the general obligations law with respect to debt obligations of a foreign state providing that, when a foreign state defaults on bonds, any duties or obligations of the state not directly addressed in a final judgment shall survive the entry of, and shall not be merged into any such final judgment.  The effect is to preserve the right of non-settling bondholders to pursue recoveries above and beyond what is provided in any such judgment.
    The Business Council opposed this legislation.
    Passed Senate; Assembly Ways & Means Committee.

General Counsel / Corporate Governance

Staff Contact: Ken Pokalsky

Not Approved

Health Care / Health Insurance 

Staff Contact:  Maggie Moree

Health Insurance Coverage Mandates

Not Approved

  • Autism Mandate Chapter Amendment.
    A.8495 (Morelle)
    This chapter amendment to the Autism Coverage bill requires that the Commissioner of Education be consulted in the development of regulations related to the provision of services, as State Ed governs a number of the licensed professionals serving this population. 
    The Business Council took no position on this bill.
    Passed Assembly; Senate Rules Committee.
  • Coverage for certain tests for those with dense breast tissue.
    S.1883-A (Flanagan)/A.7774 (Jaffee)
    Requires health insurance policies to cover in addition to mammograms, ultrasound screening and MRI testing for breast cancer for women with dense breast tissue or if a woman is believed to be at increased risk based on family history. 
    The Business Council opposed this bill. 
    Passed Senate; Assembly Insurance Committee.

Related to Implementation of the federal Affordable Care Act

  • Conformance with Federal Affordable Care Act.
    Chapter 219.
    S.5800 (Seward)/A. 8460 (Stevenson)    .
    This bill, introduced at the request of the Insurance Department, conforms a number of provisions of state insurance law to align with requirements in the federal Affordable Care Act.  Provisions aligned include non-dependent adult children coverage up to age 26; preventive care coverage mandates; primary and preventive gynecologic and obstetric care; language to preclude lifetime limits on essential benefits; and language related to internal and external appeals. 
    The Business Council took no position on the bill.

Not Approved

Other General Health Insurance Issues

Not Approved

Labor

Staff Contact: Tom Minnick

Not Approved

Lawsuit Reform

Staff Contact: Ken Pokalsky

  • Assertable defenses of a third-party defendant.
    Chapter 264. S.3762 (DeFrancisco)/A.624 (Weinstein)
    Prohibits a third-party defendant from asserting an objection or defense that the summons and complaint, summons with notice or notice of petition and petition was not properly served and, thus, to expressly overrule the recent decision in Charles v. Long Island College Hospital.
    The Business Council opposed this legislation.

Not Approved

  • Ex Parte Interviews.
    S.3296-A (DeFrancisco)/A.694-A (Lancman)
    Prohibits in a personal injury, medical, dental or podiatric malpractice or wrongful death action the defendant from conducting ex parte interviews with the plaintiffs nonparty treating physicians.
    The Business Council opposed this legislation.
    Passed Assembly; Senate Calendar.

Tax / Revenues

Staff Contact: Ken Pokalsky

  • Real property tax cap.
    Chapter 97. S.5856 (Skelos)/A.8518 (Lopez), Part A.
    Imposes a cap on increases in real property tax levies imposed by all local governments (except New York City), and all school districts (except “big five” cities); cap is set at 2 percent or inflation, whichever is lower; applies to all classes of real property; exclusions are provided for some pension related costs, cost related to major tort cases and – for school districts only – voter approved capital expenses.  The bill also includes some local government mandate relief, and creates a permanent Mandate Relief Commission.
    The Business Council supported this legislation.
  • Electronic Newspapers and Periodicals.
    Chapter 583. S.5637 (Defrancisco)/A.8223-A (Farrell)
    This legislation would exempt electronic news sources and electronic periodicals from sales and compensating use taxes. 
    The Business Council supported this legislation.
  • Technology Tax Credit.
    S.5633-B (Alesi)/A.7705-B (Lupardo)
    Extends the “qualified emerging technology company” tax credit for capital, development and job training investments until 12/31/2016.
    The Business Council supported this legislation.
  • Taxpayer Advocate.
    Veto 70. S.1072 (DeFrancisco)/A.6429 (Kavanagh)
    Creates in statute the Office of Taxpayer Advocate (this office and position was created administratively by Governor Paterson in 2009) to assist taxpayers in resolving problems with the tax department; identify areas in which taxpayers have problems dealing with the department; prepare an annual report identifying significant compliance problems, actions taken to address them, and recommending legislative and administrative reforms.  Finally, the legislation would also create a distinct separation between the Taxpayer Advocate and the Tax Commissioner with respect to submission of budget and management of the Office of Taxpayer Advocate. In this, it follows the precedent of the Tax Tribunal.
    The Business Council supported this legislation.
  • RPT Abatement for Multifamily Housing.
    Chapter 97. S.5856 (Skelos)/A.8518 (Lopez), Part B, Section 42.
    Creates an optional local real property tax abatement program for new and substantially rehabilitated multifamily housing (3 units and more); provides 20 year reductions in real property taxes.
  • Statute of Limitations.
    Chapter 432. S.3946 DeFrancisco/A.7238 (Farrell) @ request of Department of Taxation and Finance
    Established a fixed 20-year statute of limitations on the time to collect tax liabilities from first date that a warrant could be filed by the Commissioner; applies to all taxes administered by the Commissioner of Taxation and Finance.
    The Business Council supported this legislation.
  • New York City Taxes.
    Chapter 209. S.5527 (Rules)/A.7763 (Silver)
    Extends through 2014 New York City current personal income and corporate tax rates, minimum income tax, sales tax on credit rating and credit reporting services and on beauty and barbering services, and cigarette tax, preserving about $2.1 billion in annual revenues.
    The Business Council took no position on this bill.
  • CAPCO
    S.5587-C (Alesi)/A.7985-B (Silver)
    Creates a sixth set of “certified capital companies” to raise $150 million in private venture capital from insurance companies, for investment in targeted businesses in exchange for an insurance premium tax credit (claimable in 2015). 
    The Business Council took no position on this bill.
  • Overpayments.
    Chapter 521. S.3944 (DeFrancisco)/A.7239 (Farrell) @ request of Department of Taxation and Finance
    Allows the election by a taxpayer to credit a personal income tax or corporate franchise tax overpayment to estimated tax for the succeeding taxable year to be reversed upon good cause shown by the taxpayer.
    The Business Council took no position on this bill.
  • Real Estate Investment Trusts.
    Chapter 493. S.4732 (DeFrancisco)/A.6274 (Farrell)
    Amends state Tax Law and the NYC Administrative code to extend until September 1, 2014 the reduced real estate transfer tax rate for conveyances of real property to existing real estate investment funds.
    The Business Council took no position on this bill.

Not Approved

  • Sales Tax Audits.
    S.4943 (Young)/A.8129 (Schimminger)
    Would require that whenever the Tax Department is determining the amount of sales tax owed, in instances in where a required sales tax filing has not been made or there has been an incorrect or insufficient sales tax payment, the Commissioner must utilize a regional economic index to estimating the correct tax payment to be made.
    Passed Senate; Assembly Ways and Means Committee.
    The Business Council did not take a position on this bill.
  • MTA Payroll Tax reduction.
    S.5596-A (Zeldin)/A.8193-A (Latimer)
    Exempts employers of 25 or less from the MTA payroll tax; phases out the MTA payroll tax for employers outside New York City by 1/1/14; reduces the MTA payroll tax on employers in New York City to 0.21 percent by 1/1/14.
    Passed Senate; Assembly Ways & Means Committee.
    The Business Council supported this legislation.

Telecommunications

Staff contact: Marcus Ferguson

Not Approved

Transportation / Construction

Staff contact: Tom Minnick

Not Approved

Travel & Tourism

Staff contact: Heather Jung

Not Approved

Unemployment Insurance 

Staff Contact:  Maggie Moree

  • Self Employment Assistance Program.
    Chapter 134. S.4953 (Alesi)/A.7268 (Schimminger).
    Extends through December 7, 2013 the self-employment assistance program  -- which permits individuals collecting unemployment insurance benefits within certain parameters to be exempt from work search efforts if working on an authorized self-employment plan. 
    The Business Council took no formal position on the bill.

Workers’ Compensation 

Staff Contact:  Maggie Moree

  • Independent Medical Examiner Reports.
    S.2138 (Savino)/No Assembly same as
    This bill would allow IME reports to be filed with the Workers’ Compensation board electronically, even if filed with other parties in other than electronic means.
    The Business Council supported this bill.
    Passed Senate; Assembly Labor Committee.
  • Additional Time for Workers to Submit Information.
    S.4176 (Savino)/A.5923 (Kavanagh)
    Requires when timely payment of benefits is contingent on the recipient's timely response to an inquiry from the insurer, the insurer shall provide a reasonable time period for response and clear notice of the consequences of failing to respond by the deadline. 
    The Business Council did not take a formal position on this bill.
    Passed Assembly; Senate Labor Committee.
  • Biennial Fee Schedules.
    S.5090 (Griffo)/A.7356 (Canestrari) 
    Requires the Workers’ Compensation Board to biennially prepare and publish fee medical fee schedules for the treatment and care of workers’ compensation claimants. 
    The Business Council opposed this bill.
    Passed Assembly; Senate Labor Committee.
  • Medical Treatment Guidelines Retroactive Application.
    S.3741 (Maziarz)/A.6294 (Wright) 
    Prohibits evidence-based standards of medical care from being used for treatment of workers’ compensation claimants injured prior to December 1, 2010. 
    The Business Council opposed this bill.
    Senate Third Reading Calendar; Assembly Third Reading Calendar.
  • Workers' Comp Mail Order Pharmacy.
    S.3749-B (Robach)/A.5183-B (Simotas)
    Permits a workers’ compensation claimant to fill prescriptions at pharmacy of choice, as long as that pharmacy accepts the published fee schedule price for the prescription. 
    The Business Council opposed this bill.
    Passed Assembly; Senate Labor Committee.
  • Group Self Insured Trust Modifications.
    S.5815 (Rules)/A.8509 (Wright) 
    Permits existing group self-insured trusts additional time to meet the security deposit requirements set by the Workers’ Compensation Board; also relieves those existing trusts of assessments, including 50-5 assessments for an additional year. 
    The Business Council opposes provisions within this bill that relieve existing trusts of all assessments, and is not opposed to providing additional time for trusts to meet the security deposit standards. 
    Senate Rules Committee; Assembly Labor Committee.

Workforce / Education

Staff Contact:  Maggie Moree

Not Approved

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