Government Affairs Council Update

Staff Contact: Ken Pokalsky
November 16, 2017

Open House

All Business Council members are invited to join us for an Open House at our new location at 111 Washington Avenue, Albany, on Thursday, December 7 from 5:00 to 6:30 p.m., following our Annual GAC Planning Session.  Please RSVP to meghan.kayser@bcnys.org.  I hope you will be able to join us for both events as we prepare for the holiday season and the 2018 legislative session.

Upcoming Events

GAC Planning Session
Our 2018 Government Affairs Planning session will be Thursday, December 7, from 12 to 4pm at the Albany Renaissance. Please register on line here. Our lunch speaker will be EJ McMahon from the Empire Center, who will be addressing prospects for the state’s FY 2019 budget, the impact of federal tax reform, and related topics. Legislative speakers include Shawn MacKinnon, NYS Senate Finance Secretary, and others. You will also receive briefings from Business Council staff on our proposed legislative agenda for 2018. We hope you will join us for this important session.
Staff contact: ken.pokalsky@bcnys.org 

Labor & Human Resources Webinar Series
Our next HR webinar will be "Final Paid Family Leave Preparations/Preview of the 2018 NYS Legislative Session," Thursday, December 14, 11:00 a.m. - 12:00 p.m. Registration is available here.

Information Technology & Telecommunications Forum
Please save the date for our next IT forum, which will be held on December 14 from 12 to 4 p.m. at the Albany Renaissance Hotel. The event will feature sessions on issues facing the information technology and telecommunications industries, and impacting all segments of a growing e-commerce economy. Agenda details to follow.
Staff contact: johnny.evers@bcnys.org

Legislative Update

Changing Seats in NYS Legislature
This fall’s election produced ten new open seats in the New York State legislature, and filled one previously open seat in the Senate. Assemblyman Lopez’ earlier appointment to a federal post leaves eleven open seats to be filled through special election in 2018. Here are the changes, by district.

SD 26 (Kings/New York) – Assemblyman Brian Kavanagh (D) elected to fill this Senate seat previously vacated by Daniel Squadron.
SD 37 (Westchester) – Senator George Latimer (D) elected Westchester County executive.
SD 32 (Bronx) – Senator Ruben Diaz (D) elected to NYC council.

AD 5 (Suffolk) -- Assemblyman Al Graf (R) elected to town of Islip judgeship.
AD 10 (Suffolk) -- Assemblyman Chad Lupinacci (R) elected Huntington town supervisor.
AD 17 (Nassau) --  Assemblyman Thomas McKevitt (R) elected to Nassau County legislature.
AD 39 (Queens) Assemblyman Francisco Moya (D) elected to NYC council.
AD 74 (New York) – Assemblyman Brian Kavanagh (D) elected to Senate (see above).
AD 80 (Bronx) – Assemblyman Mark Gjonaj (D) elected to NYC Council.
AD 102 (Greene/Schoharie) – Assemblyman Peter Lopez (R) was previously appointed as US EPA Region 2 administrator.
AD 107 (Columbia/Rensselaer/Washington) – Assemblyman Steve McLaughlin (R) elected Rensselaer County executive.
AD 142 (Erie) – Assemblyman Michael Kearns (D) elected Erie County clerk.

New AG Cyber Security Legislation
Attorney General Eric Schneiderman has released new legislation regarding security breaches.  This legislation - S.6933 (Carlucci) / A.8756 (Kavanagh) - is broader than prior AG proposes in several respects. It would apply data breech notification and new data security mandates to any person or business that owns, licenses or maintains computerized data on “any resident” of New York State.  Current data breach notice requirements only apply to entities authorized to do business in NYS. It would require such businesses to implement “reasonable security measures.” Failure to do so is subject to AG civil enforcement and injunction; civil penalty is $5000 for “each violation.” Reasonable measures include compliance with federal or NYS issued and certified security protocols, or a program consistence with specific security program attributes listed in the bill. Small business (less than 50 jobs, $3 million in gross receipts, and $5 million in assets) are required to adopt security measures “appropriate based on the size and complexity of the business.” Several aspects of earlier AG proposals are contained in the new bill such as the procedures to be followed in the case of beach, the issuance of new credit/debit cards and consumer notices, the notification of state offices in the case of event, and the classifications of “identifying information” (biometric, private, and the combination of user name or e-mail in combination with password or security question/answer) in determining data breached and thus reportable to state offices. The Business Council is seeking feedback on this bill.

Please contact either Lev Ginsburg (Financial Services) or Johnny Evers (Information Technology & Telecommunications) with any concerns or questions. 

Regulatory Update

Predictive Scheduling
The state Department of Labor has released a new regulatory proposal on “call-in” scheduling, which is expected to be published in the November 22, 2017 State Register. While the proposals doesn’t mandate 14 day advance scheduling, it could result in increased labor costs for employers that have lower wage and/or part-time employees, and fail to do advanced scheduling. In general, the proposal would: continue the current call-in pay practice of paying a minimum of four hours pay for employees who report to work and for whom no work is available; require that employers pay workers who come to work for a shift not scheduled at least 14 days in advance an addition 2 hours of call-in pay; require employers to pay workers who have a shift cancelled less than 72 hours prior to the start of that shift 4 hours of call-in pay; require employers who ask workers to call within 72 hours of the start of the shift to confirm whether to report to work or not to pay 4 hours of call-in pay. Call-in pay will be calculated at the basic minimum wage for your area and employer size. The rule would not apply to: employers covered by other state wage orders (e.g., tip wage orders); employers with a union contract explicitly providing for call-in pay; and employees whose weekly earnings exceed 40 times the applicable minimum wage. The Business Council will be submitting comments on this proposal.
Questions and comments should be directed to frank.kerbein@bcnys.org.

The Business Council submitted comments on, and provided testimony to, the Joint Commission on Public Ethics in response to their proposed “comprehensive lobbying” regulations and its updated “source of funding” regulations. Of major concern is JCOPE’s proposed restrictions on the Lobby Act exemption for “commission salespersons.” The Council also highlighted other provisions of JCOPE’s proposal that are inconsistent with underlying statute and/or impose unworkable compliance obligations, and made recommendations to address these concerns. Our submissions, as well as the proposed rules and public comments received by JCOPE, are available here.
Staff contact: ken.pokalsky@bcnys.org