End of 2018 Legislative Session Summary

Administrative Procedures / Rulemaking

Staff Contact: Ken Pokalsky

PASSED BOTH HOUSES

S.4120-A (Akshar) / A.8205-A (McDonald)

Precludes civil penalties for initial violations by small businesses in most cases.
The Business Council Supports

NOT APPROVED

S.5912-B (Jacobs)

Limits an agency's ability to adopt emergency rules.
The Business Council Supports


Business Corporations

Staff Contact: Ken Pokalsky

NOT APPROVED

S.3851 (LaValle) / A.3046 (Moya)
Allows for non-CPA partnership in CPA Firms.
The Business Council Supports

 

S.5889 (Bonacic) / A.5918 (Weinstein)
Provides that a foreign corporation's application for authority to do business in this state constitutes consent to jurisdiction of the courts of this state and a surrender of such application constitutes withdrawal of such consent.
The Business Council Opposes

 

S.6506 (Ranzenhofer) / A.8009 (Dinowitz)
Authorizes remote shareholder meetings
The Business Council Supports

 

S.7073 (Kavanagh) / A.9745 (Paulin)
Authorizes corporations to permit shareholders to attend meetings via remote communication and to be deemed present for voting purposes.
The Business Council Opposes

 

S.579 (Peralta) / A.628 (Rosenthal)
Creates a lien against employer for “wage theft,” allows for shareholders of non-publicly traded corporations to be held personally liable for wage theft; allows for actions against the ten members with the largest ownership interests in a company personally liable for wage theft.
The Business Council Opposes


Construction

Staff Contact: Johnny Evers

NOT APPROVED

S.8880 (Sanders) / A. 10713 (Peoples-Stokes)
Extends article 15-A of the Executive Law and the MWBE program for five years. Also establishes a Blue Ribbon Commission to study, evaluate and make recommendations on the MWBE program. Creates a Mentor-Protégé program under which Empire State Development would attempt to build up the MWBE construction segment.
The Business Council Opposes

 

S.2975-A (Murphy) / A.5498-A (Bronson)
Would impose public works prevailing wage mandate on private sector projects receiving any amount of state or local financial assistance.
The Business Council Opposes

 

S.4267 (DeFrancisco) / A. 6572 (Cusick)
Defines “substantial completion” for the purposes of requisition payments to contractors, subcontractors, and materials suppliers on construction contracts.
The Business Council Supports


Contract Procurement

Staff Contact: Amber L. Mooney

PASSED BOTH HOUSES

S.383 (Robach) / A.2022 (Bronson)
Requires a cost/benefit story before approval of personal service contracts valued at more than $750,000.
The Business Council Opposes

 

S.858 (Young) / A.1789 (Peoples-Stokes)
Directs the director of the division of minority and women's business development to provide for the minority and women-owned business certification of business entities owned by Indian nations or tribes.
The Business Council Had No Position

 

S.6452 (DeFrancisco) / A.8156 (Peoples-Stokes)
Adopts several reforms that were included in legislation vetoed by Governor Cuomo in 2015, including: standardizes “vendor responsibility” processes; allowing for alternative procurement methods for the acquisition of non-construction related commodities and services, and information technology, including competitive negotiations; extending piggybacking provisions, and updating the Lobbying Act definition of “restricted period” to match the State Finance Law language adopted in 2016.
The Business Council Supports

 

S.8870-A (Ritchie) / A.10744-A (Peoples-Stokes)
Establishes an additional certification classification and preference for MWBEs which are ineligible for certification due to exceeding the personal net worth of small business thresholds.
The Business Council Opposes

NOT APPROVED

S.3018 (Ritchie) / A.2819 (Bichotte)
Eliminates Net Worth Test for MWBEs
The Business Council Supports

 

S.8880 (Sanders) / A.10713 (Peoples-Stokes)
MWBE Extender and Study Commission
The Business Council Opposes

 

S.2947-A (Little) / A.1541-A (Jenne)
Allows local governments greater contract flexibility and cost savings by permitting certain shared purchasing among political subdivisions.
The Business Council Supports

 

S.7596 (Robach) / A.9961 (DenDekker)
Grants a 5% preference to New York State businesses in the state contract award process
The Business Council Opposes


Consumer Affairs

Staff Contact: Ken Pokalsky

NOT APPROVED

S.3877 (Ranzenhofer)
Prohibits municipal regulation of food package labels.
The Business Council Supports

 

S.6484 (Lanza) / A.7445 (Titone)
Limitations on the use of arbitration in certain consumer transactions.
The Business Council Opposes

 

S.162 (Rivera) / A.5239 (Dinowitz)
Requires health warnings for sugar-added beverages.
The Business Council Opposes

 

A.5248 (Dinowitz)
Requires notice of arbitration clauses in consumer and employment contracts.
The Business Council Opposes

 

A.979 (Thiele)
Prohibits the zone pricing of gasoline.
The Business Council Opposes


Economic Development

Staff Contact: Ken Pokalsky

PASSED BOTH HOUSES

S.7912-A (Comrie) / A.9993-A (Paulin)
Extends the time between notice and public hearing for UDC-funded projects.
The Business Council Opposes

 

S.8847-A (Felder) / A.10971-A (Magnarelli)
Adopts the federal bond volume allocations, the unified state bond ceiling and the private activity bond allocation act of 2018.
The Business Council Supports

NOT APPROVED

S.6282-A (Boyle) / A.7615-A (Rosenthal)
Imposes significant penalties for relocation of call center or customer service jobs.
The Business Council Opposes

 

S.6613-B (Croci)
Creates a searchable "database of deals"
The Business Council Opposes, with recommendations

 

A.8175 (Schimminger)
Assembly version of searchable "database of deals" legislation
The Business Council Opposes

S.598-A (Boyle) / A.7427-A (Schimminger)
Requires annual reporting on the START-UP NY program; including, but not limited to, the number of business applicants, number of businesses approved, benefits distributed and received and the number of net new jobs created per business including cumulative data that reflects the amount previously recorded and adjusted for net new jobs that have been lost.
The Business Council Had No Position


Education / Workforce Development

Staff Contact: Amber L. Mooney

PASSED BOTH HOUSES

S.8175 (Marcellino) / A.9903 (Cusick)
Would clarify the State Education Department (SED) utilization of the instructional time standard for reimbursing non-public schools for expenses associated with complying with SED mandated services.
The Business Council Supports

 

S.7730 (Murphy) / A.9825 (Galef)
Would authorize board of cooperative educational services (BOCES) capital project expenses to be excluded in component school district's tax cap calculation, as long as the project is approved by a plurality of voters of the component school districts. This would allow capital projects for both routine maintenance or expansion of BOCES aging facilities.
The Business Council Had No Position

 

 

NOT APPROVED

S.1469-A (Ritchie) / A.7563-A (Nolan)

Would increase funding for career and technical education (CTE) teachers at board of cooperative educational services (BOCES).
The Business Council Supports

 

S.2103 (Jacobs) / A.4643 (Titus)
Would require more business engagement in the development of community college degree and certificate programs in order to ensure students have the necessary skills for jobs related to their studies.
The Business Council Supports

 

S.2124-B (Jacobs) / A.7500 (Titus)
Would develop guidelines for high school counselors to make students aware of apprenticeship, pre-apprenticeship, and career and technical education (CTE) opportunities.
The Business Council Supports

 

S.3026 (Ranzenhofer) / A.1738 (Hevesi)
Would authorize computer science courses to count as a math or science credit towards liberal arts degrees at higher education institutions.
The Business Council Supports

 

S.3875 (Ranzenhofer) / A.5736 (Bronson)
Would enact the FIRST robotics competition grant program and make an appropriation therefor.
The Business Council Supports

 

S.9060 (Marcellino) / A.11047-A (Nolan)
Would continue the NYS Smart Scholars early college high school program and the NYS Pathways in Technology Early College High School (P-TECH) program, adding P-TECH to state education statutes and providing for its continued support within the state education department.
The Business Council Supports

 

 


Energy

Staff Contact: Darren Suarez

PASSED BOTH HOUSES

S.3644 (Parker) / A.2451 (Simotas)
Requires gas and electric corporations to notify residential customers of their right to request an actual meter reading upon the discontinuation of service.
The Business Council Opposes

 

S.6160 (Parker) / A.6255 (Walker)
This legislation directs New York state energy research and development authority to study significantly improving high-performance efficiency in commercial office buildings.
The Business Council

 

S.6756-A (Griffo) / A.9985 (Paulin)
Relates to the one-call notification system.
The Business Council Supports

 

S.6335-C (Griffo) / A.8288-B (Paulin)
Requires combination gas and electric corporations, the New York Power Authority, and the Long Island Power Authority to provide an annual transparency statement to customers.
The Business Council Supports

 

S.7321 (Griffo) / A.8922 (Rosenthal)
Amends the affordable residential green building program, to amend the program to provide resources and not incentives and to requiring NYSERDA to furnish a report determining the benefits of providing new financial incentives for the construction of affordable residential green buildings.
The Business Council Took No Position

NOT APPROVED

S.1225-B (Griffo) / A.1705B (Woerner)
Establishes the New York state clean energy tech production program as a self-directed program.
The Business Council Supports

 

S.6282-A (Boyle) / A.7615-A (Rosenthal)
Enacts the "save New York call center jobs act"; requires prior notice of relocation of call center jobs from New York to a foreign country; directs the commissioner of labor to maintain a list of employers who move call center jobs; prohibits loans or grants.
The Business Council Opposes

 

S.5549-C (Griffo) / A.7275-C (Jenne)
Establishes support for legacy renewable energy facilities at least 75% of the Clean Energy Standard REC value.
The Business Council Opposes

 

S.6127-A (Murphy) / A.8173-A (Titus)
Enacts provisions for the protection of employment rights of persons losing employment from the closure of nuclear electric plants.
The Business Council Opposes

 

S.8273 (Griffo) / A.10474 (Englebright)
Relates to rate schedules for net energy metering and to directing the Long Island power authority to adopt a methodology for the establishment of a value of distributed energy resources crediting mechanism.
The Business Council Opposes

 

S.7262-A (Murphy)
Requires public utilities to submit reports after the restoration of service in an emergency; relates to vegetation management and communications during power outages; requires penalties to be used towards investments in improving storm restoration.
The Business Council Opposed an Earlier Print

 

S.8363 (Griffo)
Relates to recharge New York power; authorizes a recipient to elect to reduce the recharge New York power allocation.
The Business Council Supports

 

S.3001 (LaValle) / A.2333 (Thiele)
Prohibition on the installation of pentachlorophenol utility poles
The Business Council Opposes


Environment

Staff Contact: Darren Suarez

PASSED BOTH HOUSES

S.4812 (LaValle) / A.6314 (Thiele)
Authorizes counties with a population of one million or more to enactment or enforcement of local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines.
The Business Council Had No Position

 

S.8693 (Bailey) / A.11171 (Rules /Joyner)
Authorizes and directs the commissioner of environmental conservation to conduct a study on food waste initiatives and to provide recommendations based on the study's findings.
The Business Council Had No Position

 

S.9106 (O'Mara) / A.11245 (Peoples-Stokes)
Establishes a post-consumer paint collection program and fee.
The Business Council Supports

NOT APPROVED

S.8693 (Bailey) / A.1773 (Fahy)
Amends the navigation law, in relation to financial responsibility for the liability of a major facility or vessel
The Business Council Opposes

 

S.1588 (Avella) / A.3818 (Colton)
Requires applicants to the department of environmental conservation for permits to disclose information concerning other permits held and/or revoked, enforcement actions, criminal convictions, fees or fines owed, and other information relating to compliance by the applicant or any corporation of which he or she is an officer, director, or large stockholder with state, federal, or foreign environmental laws or regulations and certain other laws.
The Business Council Opposes

 

S.5287 (Carlucci) / A.6279 (Englebright)
Concurrent Resolution of the Senate and Assembly proposing an amendment to article 1 of the constitution, in relation to the right to clean air and water and a healthful environment.
The Business Council Opposes

 

S.6603 (Hannon) / A.8185 (Englebright)
Prohibiting household cleansing products that contain 1, 4-dioxane
The Business Council Opposes

 

S.7971-A (Holyman) / A.8270B (Englebright)
Establishes the community risk and resiliency act, in relation to establishing the New York state climate and community protection act requiring the elimination of all sources of GHG emissions
The Business Council Opposes

 

S.8017 (LaValle) / A.9819 (Englebright)
Prohibits the state authorizations related to certain offshore oil and natural gas production.
The Business Council Opposes

 

S.8636-A (Marcellino)
Technical correction in relation to the calculation of the brownfield site preparation credit for certain taxpayers.
The Business Council Supports

 

S.4596-A (Krueger) / A.3712-A (Ortiz)
Requires the Common Retirement Fund to divestment of petroleum companies.
The Business Council Opposes


“Ethics” / Lobbying / Elections Reforms

Staff Contact: Ken Pokalsky

NOT APPROVED

S.7149 (Kavanagh) / A.9758-A (Simon)
Imposes $5,000 corporate cap on campaign contributions on LLC
The Business Council Opposes


Financial Services

Staff Contact: Lev Ginsburg

PASSED BOTH HOUSES

S.9013 (Phillips) / A.8783-B (Vanel)
Creates the digital currency task force to provide the governor and the legislature with information on the potential effects of the widespread implementation of digital currencies on financial markets in the state
The Business Council Had No Position

 

S.8522-A (Helming) / A.10648 (Stirpe)
Relates to removing the three-year exemption of mandatory continuing education for newly licensed certified public accountants and public accountants
The Business Council Supports

 

S.7634-A (Marchione) / A.9527-A (Woerner)
This bill allows the current on-site-only, state-mandated training program, required in order to take the New York State property/casualty exam to be taken online.
The Business Council Supports


Health / Health Insurance

Staff Contact: Lev Ginsburg

PASSED BOTH HOUSES

S.9100 (Hannon) / A. 9576-B (Gunther)
This bill establishes a statewide drug take back program at the expense of drug manufacturers.
The Business Council Had No Position

NOT APPROVED

S.4840-A (Rivera) / A.4738-A (Gottfried)
This bill would create the New York Health Plan, a government run health insurance system. The Business Council helped lead a coalition of associations and businesses to educate the public and defeat this extreme bill that would outlaw private insurance and raise taxes by up to $200 billion annually. To learn more, visit www.RealitiesofSinglePayer.com
The Business Council Opposes

 

S.3148-A (Savino) / A.2646-A (Simotas)
This bill would mandate group insurance coverage of in vitro fertilization (IVF) and other fertility treatments. Additionally, S.8441-B (Phillips) which creates a lesser mandate for IVF on private insurance failed to gain Assembly support.
The Business Council Opposes


Information Technology and Telecommunications

Staff Contact: Johnny Evers

NOT APPROVED

S.6933-B (Carlucci) / A. 8884-B (Titone)
Notification of a security/data breach to the Attorney General and regulations requiring mandatory minimum level security protection by companies operating in New York State or those holding information on New York residents. Creates new requirements and accepted federal and state systems to be utilized for compliance. Violations are subject to monetary fines and prosecution by the Attorney General.
The Business Council Supports With Amendments

 

S.7555 (Murphy) / A. 9780 (Paulin)
Enacts the “personal information protection act” by establishing a bill of rights for New York residents in regards to data protection. Provides for the approval of programs to secure personal identifying information by the office of information security; requires the notification of the division of state police and the subjects of information upon the breach of such information; directs the office of technology services to establish an information sharing and analysis program to assess threats to cybersecurity; establishes standards for the protection of personal information and provides for a private right of action in the event such standards are violated.
The Business Council Opposes

 

S.7183-C (Carlucci) / S.8882-C (Fahy)
State regulation of the internet and so-called net neutrality. This proposal would give the Public Service Commission (PSC) the authority to monitor the practices of internet service providers in regards to net neutrality and prohibits New York State, its authorities and municipalities from entering into contracts with internet service providers that do not adopt and apply “net neutrality” practices, except in only certain specified instances. This role is best left to federal regulators who have oversight nationally, not state-by-state regulations.
The Business Council Opposes

 

S.5603-B (Carlucci) / A.7191-B (Wallace)
Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer.
The Business Council Opposes

 

S.8299 (Griffo) / A.10356 (Paulin)
Provides that the public service commission shall not approve the transfer of cable systems unless the applicant demonstrates that the proposed transferee and the cable television system conform to the standards established in the regulations promulgated by the public service commission, that approval would not be in violation of law, and that the transfer is otherwise in the public interest.
The Business Council Opposes

 

S.9019-A (Boyle) / A.11188-A (Braunstein)
Establishes the crime of non-consensual dissemination of sexually explicit images.
The Business Council Opposes

 

S.2725-A (Griffo) / A. 1641-A (Braunstein)
Establishes the crime of non-consensual dissemination of sexually explicit images.
The Business Council Supports


Labor / Human Resources

Staff Contact: Frank Kerbein

PASSED BOTH HOUSES

S.8834 (Young) / A.10615 (Titus)
Extends Labor Law section 193 governing allowable paycheck withholdings for another two years through November 2020.
The Business Council Supports

 

S.8380 (Funke) / A.10639 (Morelle)
Authorizes paid family leave for bereavement
The Business Council Opposes

NOT APPROVED

S.3791-A (Krueger) / A.566-A (Jaffe)
Prohibits discrimination based on an individual's or a dependent's reproductive health decision making.
The Business Council Opposes

 

S.2425-A (Carlucci) / A.2343 (Aubry)
Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.
The Business Council Opposes

 

S.2721 (Alcantara) / A.4189 (Nolan)
Enacts the farmworkers fair labor practices act, granting collective bargaining rights, workers' compensation and unemployment benefits to farmworkers.
The Business Council Opposes

 

S.4482 (Sanders) / A.4696 (Titus)
New York State Fair Pay Act, requires equal pay for “comparable” jobs.
The Business Council Opposes

 

S.6737-A (Carlucci) / A.2040-C (Crespo)
Prohibits employers from seeking salary history from prospective employees.
The Business Council Opposes

 

S.8607 (Parker) / A.10461 (Wright)
Expands the provisions of the budget relating to sexual harassment to all forms of workplace harassment.
The Business Council Opposes


Lawsuit Reform

Staff Contact: Lev Ginsburg

NOT APPROVED

S.3911-A (Ortt) / A.8653 (Magnarelli)
This bill would begin to control the heretofore unregulated lawsuit lending industry in New York State by imposing maximum interest rates. Additionally, S.9105 (Ortt) sets lawsuit lending maximum at 36% interest rate among other restrictions, passed Senate but failed to gain support in the Assembly.
The Business Council Supports

 


Manufacturing

Staff Contact: Johnny Evers

 

NOT APPROVED

S.618-C (Boyle) / A.8192-A (Morelle)
“Right to repair” bill requires original equipment manufacturers (OEM) to make diagnostic and repair information for digital electronic parts and equipment available to independent repair providers if such parts and equipment are or were sold in New York State in or after 2012. Medical and automotive industries have been exempted under amended versions.
The Business Council Opposes

 

S.9058 (Boyle)
Relates to the sale of mobile devices and computers; requires original equipment manufacturers to provide diagnostic and repair information. Similar to “Right to Repair” legislation only limited to telecommunications and computer electronics and devices.
The Business Council Opposes

 


Taxation / Revenue / Tax Credits

Staff Contact: Ken Pokalsky

PASSED BOTH HOUSES

S.8831 (Ranzenhofer) / A.11051 (Paulin)
Decoupling from Federal Provisions on Unrelated Business Income
The Business Council Supports

 

S.8971 (Lanza) / A.10410 (Carroll)
Provides a tax abatement for electric energy storage equipment
The Business Council Had No Position

 

S.8465 (Golden) / A.10768 (Morelle)
Extends the empire state commercial production tax credit through 2023.
The Business Council Had No Position

 

NOT APPROVED

S.8991 (Flanagan)
Decouples corporate franchise tax, insurance tax and NYC corporation tax from the federal GILTI tax provision
The Business Council Supports

 

S.9024 (Flanagan)
Personal Income Tax Decoupling from Federal “Transition” Tax
The Business Council Supports

 

S.9030-A (O’Mara)
Decoupling from Federal Cap on Business Interest Expense Deduction
The Business Council Supports

 

S.7587 (Hannon)
Requires tax revenue realized by For-Profit Health Insurance Companies be Returned to Consumers
The Business Council Opposes

 

S.7561-A (O’Mara) / A.10121 (Stirpe)
Relates to tax credits for qualified pass-through manufacturers; provides a definition for qualified pass-through manufacturers
The Business Council Supports

 

S.1207 (Flanagan)
Makes the real property tax cap permanent
The Business Council Supports

 

S.561 (Young) / A.3924 (Schimminger)
Requires the Tax Department to use external indices which reflect local economic conditions when determining sales taxes due to file a return or filing of an incorrect return.
The Business Council Supports

 

S.1379-D (Little)
Establishes the New York City tax reform study commission to provide the Governor and legislature with a blueprint of reforms to the real property taxation system in the City of New York.
The Business Council Had No Position

 

S.9029 (Phillip)
Decoupled the corporate franchise tax and NYC corporation tax from the TCJA limitations on deductibility of FDIC premiums.
The Business Council Supports

 


Transportation

Staff Contact: Johnny Evers

NOT APPROVED

S.8243 (Robach) / A.9636 (Morelle)
Relates to permitting a driver to not have a hand on the steering mechanism of a vehicle while a driving automation system is engaged (As defined by industry as periodically revised under SAE J3016)
The Business Council Supports

 

S.4807 (Robach) / A.1064 (Gantt)
Repeals vehicle and traffic law provision relating to having at least one hand on driving mechanism at all times when the automobile is in motion. Essentially prohibits automatic parking technologies.
The Business Council Supports

 

S.7545-A (Funke) / A.8268-A (Pheffer-Amato)
Mandates payments for automobile manufacturers to its dealers for vehicles that are subject to “stop drive” directives. Vehicles that have “stop drive” or “stop sell” order due to safety recall would be subject to a 1.75% per month rate based on the average trade-in value of the used vehicle. This in an inappropriate interference by the state into the private right of contracts between business related entities.
The Business Council Opposes


Travel and Tourism

Staff Contact: Johnny Evers

PASSED BOTH HOUSES

S.8501-B (Murphy) / A.8245-C (O’Donnell)
Amends various laws governing the resale of tickets to sport and entertainment events. Places strict resale requirements on sellers, prohibits use of ticket purchasing software by resellers, mandates all fees be made public, requires license number on platform, allows professional sports of have nontransferable membership passes, and addresses speculative ticket sales by making it clear when a reseller is offering to obtain a ticket as opposed to selling a speculative ticket.
The Business Council Supports

NOT APPROVED

S.5978-B (Funke) / A.8065-B (Fahy)
Regulates and establishes standards for short term rentals (less than 30 days) of private dwellings in New York State. Creates regulatory framework for such rentals and existing bed and breakfast establishments. Creates taxation system for collection and remittance of sales and occupancy taxes
The Business Council Had No Position

 

S.7182 (Bonacic) / A. 7520 (Lentol)
To legalize responsible home sharing in New York, while enabling regulators to target enforcement of those who turn permanent housing into illegal hotels. Amends multiple dwelling law detailing short-term rentals. Amends tax law to allow the collection of taxes on rentals.
The Business Council Had No Position

 

S.7740-A (Lanza) / A.10090 (Rosenthal)
Restrictions on homesharing by requiring the submission of detailed information about users of homesharing platforms to municipal officials, with significant civil penalties for violations, but with no restrictions on public disclosure of participant’s information.
The Business Council Opposes

 


Workers’ Compensation

Staff Contact: Lev Ginsburg

 

PASSED BOTH HOUSES

S.6666 (Amedore) / A.2023-A (Bronson)
This bill authorizes the care and treatment of injured employees by a duly licensed and registered acupuncturist under the workers' compensation program. This bill has been vetoed by the Governor twice before.
The Business Council Opposes

 

 

NOT APPROVED

S.406-A (Robach) / A.6797-A (Woerner)
This bill would allow direct payment of bills for massage therapy services to licensed massage therapists under the workers' compensation law.
The Business Council Opposes

 


Miscellaneous

NOT APPROVED

S.5857-A (Savino) / A.8155-A (Morelle)
Establishes the right of publicity for Both Living and Deceased Individuals
The Business Council Opposes

 

S.7900-C (Bonacic) / A.11144-A (Rules/Pretlow)
Authorizes and regulates sports betting
The Business Council Had No Position