This Week in Government Affairs
June 8, 2016
Legislative Update
As we are fast approaching the end of session, here is an overview of key legislation our advocacy staff is working on this week.
We are supporting:
- S.3095-A (Funke)/A.690 (Hevesi) creates a state information technology innovation center.
- S.4108-A (Seward) authorizes auto insurance policies to transportation network companies.
- S.4280-A (Seward)/A.6090-A (Cahill) provides a more comprehensive approach to supporting TNCs.
- S.4672-A (LaValle) / A.5964-A (Ortiz) authorizes minority ownership by non-CPAs.
- S 4771-E (Funke)/A.7610-E (Dinowitz) would modify state regulation of gift cards and gift certificates.
- S.6090 (Little) provides for uniform regulation of certain wireless facilities.
- S.6307-A (O’Mara) /A.8617-A (Morelle) authorizes on premise sale of alcohol Sunday mornings 8am and 12 noon.
- S.7496 (Marcellino)/A.10024 (Nolan) codifies P-TECH program in statute, and makes $25 million available for their support (SED departmental bill.)
- S.7583 (Young) /A.10156 (Schimminger) expands Excelsior program eligibility for small business.
- S.7728 (Boyle)/A.10248 (Steck) clarifies the SLA’s authority to revoke, suspend, or cancel a license or permit.
- S.7840 (Griffo) allows high load factor customers to “self-direct” energy assessments to support on-site projects.
- S.7886 (Griffo) exempts business customers from utility’s obligations under the clean energy standard mandate.
We are opposing:
- S.29-A(DeFrancisco)/A.8025(Brennan) new private right of action against insurance companies (see also S.4223 (Seward)/A.1329 (Weinstein)).
- S 60-B (Squadron)/A.6975-C (Kavanagh) imposes a $5000 contribution cap on LLCs.
- S.485-B (LaValle)/A.617-B (Rosenthal) mandates labeling of GMOs.
- S.782 (Hannon)/A.1548 (Gottfried) mandates all acute care facilities and nursing homes to meet nursing staffing ratios.
- S.1157-A (Hannon)/A.336-A (Gottfried) permits health care providers, including physicians, to collectively bargain with health plans, that would drive up health plan costs under a new exemption to New York antitrust laws.
- S.2232-E (Peralta)/A.5501-C (Rosenthal) allows lien against employers and certain staff for alleged non-payment of wages.
- S.2768 (Savino)/A.5561 (Titus) makes workers’ comp awards to claimants that voluntarily withdrawn from the labor market and simply enrolled in DOL re-employment services.
- S.4781-A (Klein)/A.6932-A (Weinstein) adopts the “Abandoned Property Neighborhood Relief Act of 2016"; (AG program bill). The Assembly last week passed this AG program bill, which is intended to combat the blight of zombie homes. The Business Council opposes this bill, as its goals to expedite the foreclosure process are not met by the implementation of additional requirements and sanctions as set forth in the legislation. The Business Council is urging the stakeholders to meet and discuss the issue in a thoughtful manner and truly work toward a viable solution. Click to see latest publication in response to editorials endorsing this shortsighted legislation. The legislation is currently in the Senate Housing Committee.
- S.4846 (Bonacic)/A.6714 (Weinstein) requires consent to general jurisdiction of NYS courts upon registering to conduct business in New York.
- S.5751-A (Avella)/A.7625 (Fahy) dramatically increases financial assurance requirements for major oil storage facilities.
- S.6045-B (Savino) establishes, and requires employers to make available, a state-managed retirement savings program.
- S.7219 (Savino)/A.10137 (Simotas) imposes a costly new coverage mandate on group health plans for in vitro fertilization (IVF) and other fertility treatments.
- S.7861 (Martins)/A.10141 (Bronson) imposes “prevailing wage” on most projects receiving any level of state financial support.
- S.6824-A (Marchione) /A.9568-A (McDonald) unnecessarily extends the statute of limitation for newly listed superfund sites.
- A.10342 (Englebright) requires reduction of in-state GHG emissions to zero by 2050.
As always, we welcome your input on our advocacy agenda. If you would like to discuss end-of-session priorities, please contact The Business Council’s GAC staff.
Other Legislative Issues
- Legal reform
The Business Council opposes legislation — S.563 (DeFrancisco)/A.251 (Weinstein) — which amends the CPLR to allow a plaintiff to obtain an indirect recovery from a third-party-defendant when that plaintiff's judgment against an original defendant was not satisfied within thirty days of the judgment being served. Click here to view The Business Council’s opposition memo.
Staff contact: lev.ginsburg@bcnys.org - Workers’ compensation
The Business Council opposes a bill — A.2462 (Bronson)/S.7431 (Martins) — which would require the comp system to include treatment by yet another group of providers and mandating that employers and insurers pay for the services of duly licensed or certified acupuncturists under the Workers' Compensation Law. Click here to view The Business Council’s opposition memo.
Staff contact: lev.ginsburg@bcnys.org - Action Alert in Support of P-TECH
The Business Council has launched an e-advocacy campaign in support of S.7496 (Marcellino)/A.10024 (Nolan), legislation that would provide $25 million in appropriations for P-TECH and early college high school programs, and amend education law to formally establish both programs in statute. This legislation is critical in order to foster existing partnerships and ensure that they have the funding they need to prepare students for college and the workforce. The Business Council urges business leaders to contact the New York State Senate and Assembly and express support for this important legislation. Click here to use our e-advocacy program, and your message of support will go to your state Senator and Assembly member.
If you would like to discuss end-of-session priorities, please contact The Business Council’s GAC staff.
Regulatory Update
- Upcoming Contract Procurement Committee meeting
The Business Council’s Contract Procurement Committee will meet on Thursday, July 14, from 10:00 a.m. to 11:00 a.m. in Albany. Brad Allen, deputy commissioner and counsel at the Office of General Services, will answer questions on the new Appendix B. - Upcoming webinar on new DOL rule
The Business Council is hosting a webinar on Wednesday, June 29, from 11:00 a.m. to 12:00 p.m. on the long awaited, newly released changes to the overtime provisions of the Fair Labor Standard Act. Frank Kerbein, director of the Center for Human Resources at The Business Council, will discuss how the new provisions will result in significant changes for many employers, along with the new rules and strategies for compliance. We will also recap the 2016 New York State Legislative Session and its impact on employers and their workforce. The webinar is free for Business Council members; the fee for non-members is $49. Click here for information and online registration for this and future labor/HR webinars.
Staff contact: frank.kerbein@bcnys.org
Please click here for information on The Business Council’s regulatory agenda.