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This Week in Government Affairs
November 2, 2012

Business Council Endorsements

The Business Council has made 49 endorsements for next week’s state legislative races. The complete list of endorsed candidates is provided below; specific announcements are available on our web site here. Our endorsements are based on the voting record of incumbents and candidate questionnaires for non-incumbents, as well as consideration of the specific race and candidate’s request for Business Council support.

Executive Order 38 Implementation Rules

This week, 13 state agencies published their revised regulations for implementation of Executive Order 38, which imposes limits on administrative expenses and executive compensation paid by entities receiving state funds. These notices are published in the October 31, 2012 State Register; the actual regulations are available on the respective agency’s web sites. (They include Aging, Agriculture and Markets, Children and Families, Corrections, Criminal Justice Services, Health, Housing and Community Renewal, Mental Health, Developmental Disability, State, Temporary and Disability Assistance, and Victim Services.)  

The Business Council had submitted comments to all 13 agencies on their initial proposed rulemaking this past July.  

Under the State Administrative Procedures Act, revised rulemakings are subject to a 30 day notice and public comment period, but agencies are not required to prepare any additional summary of, or response to, new comments. Administration officials have said they intend to have rules finalized by the end of calendar year 2012. The regulations would apply to actions on and after April 1, 2013.

Key features/issues of these revised rules include:

The Business Council continues to discuss implementation of the Executive Order with the Administration, and will be submitting comments on these revised rules. For more information on these changes, or to discuss EO 38 implementation, please contact Ken Pokalsky at (518) 465-7511 x.205 or ken.pokalsky@bcnys.org.

PPI Report: “Workers' comp costs remain a barrier to economic growth”

Our Public Policy Institute released a new study this week examining the rising cost of workers' compensation for New York employers and how costs have been influenced by implementation of 2007 legislative reforms. Its key finding was that program changes that added costs to the system (including increased and indexed maximum weekly benefits) were immediately implemented, while implementation of major provisions intended to result in cost savings (durational limits on benefits, medical treatment standards, and others) were delayed and in some cases poorly done. The report included a series of specific recommendations as well, including: modifying the process for indexing maximum benefits; updating standards for schedule loss awards; promoting more timely classification of permanent partial disability claims to assure the full impact of durational caps; and others. The release and full report are available here. Staff contact: lev.ginsburg@bcnys.org.

JCOPE “Source of Funds” Rule

The Business Council has submitted comments to the Joint Commission on Public Ethics regarding their proposed “source of funds” rule. This regulation, the result of 2011 legislative changes, would require organizations to disclose the source of funding for lobbying activities, including the name of the source and total amount of lobbying funds provided, for any source of more than $5,000. However, as proposed, JCOPE’s rule would require organizations, such as trade associations, to disclose donors and amounts of any contributions over $5,000, regardless of the purpose or use of such contributions. The Business Council has objected to this expansive implementation plan, and has provided JCOPE with a more straightforward, alternative implementation plan that more closely matches these new disclosure requirements to an organization’s already reported lobby expenses. The proposed rule and Business Council comments are available on-line here. Staff contact: ken.pokalsky@bcnys.org.

Business Council Senate/Assembly Endorsements

Senate Races

Senator Ken LaValle (R, I, C, 1st SD)
Senator John Flanagan (R, I, C, 2nd SD)
Senator Lee Zeldin (R, I, C, 3rd SD)
Phil Boyle (4th SD)
Senator Carl Marcellino (R, I, C 5th SD)
Senator Kemp Hannon (R, I, C, 6th SD)
Senator Jack Martins (R, I, C, 7th SD)
Senator Chuck Fuschillo (R, I, C, 8th SD)
Senator Marty Golden (R, I, C, 22nd SD)
Senator Andrew Lanza (R, I, C, 24th SD)
Bob Cohen (37th SD)
Senator Bill Larkin (R, I, C, 39th SD)
Senator Steve Saland (R/I, 41st SD)
Kathy Marchione (43rd SD)
Senator George Amedore (R/C/I, 46th SD)
Senator Betty Little (R, I, C, 45th SD)      
Senator Joe Griffo (R, I, C, 47th SD)
Senator Hugh Farley(R, I, C, 49th SD)
Senator Thomas Libous (R, I, C, 52nd SD)
Senator David J. Valesky (D, WF, I, 53rd SD)
Senator Mike Nozzolio (R, I, C, 54th SD)
Sean Hanna (R/C/I, 55th SD),
Senator Joe Robach (R, I, C, 56th SD)
Senator Cathy Young (R, I, C, 57th SD)
Senator Thomas O’Mara (58th SD)
Senator Pat Gallivan (R, I, C, 59th SD)
Senator Mike Ranzenhofer (R, I, C, 61st SD)
Senator Mark Grisanti (R/I, 60th SD)

Assembly Races

Assemblyman Daniel Losquadro (R, I, C, 2nd AD)
Assemblyman Pete Lopez (R, I, C, 102nd AD)
Assemblyman Steve McLaughlin (R, I, C, 107th AD)
Assemblyman John McDonald (D, I, 108th AD)
Assemblyman Jim Tedisco (R, I, C, 112th AD)
Assemblyman Tony Jordan (R, I, C, 113th AD)
Assemblywoman Janet Duprey (115th AD)
Assemblyman Kenneth Blankenbush (117th AD)
Assemblyman Bill Magee (D, I, 121st AD)
Assemblyman Clifford Crouch (R, 122nd AD)
Assemblyman Christopher Friend (R, I, C, 124th AD)
Assemblyman Gary Finch (R, I, C, 126th AD)
Assemblyman Bob Oaks (R, C, 130th AD)
Assembly Minority Leader Brian Kolb (R, I, C, 131st AD)
Assemblyman Phil Palmesano (132nd AD)
Assemblyman Bill Reilich (R, I, C, 134th AD)
Assemblyman Joe Morelle (D, I, 136th AD)
Assemblyman Stephen Hawley (R, C 139th AD)
Assemblyman Dennis Gabryszak (D, I, C, 143rd District)
Assemblyman Robin Schimminger (D, I, C, 140th AD)
Assemblyman Ray Walter (R, I, C, 146th AD)

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