End of 2016 Legislative Session Summary

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PASSED BOTH HOUSES

Requires timely online posting of proposed rulemakings exceeding 2,000 words and the text of emergency rulemakings.
S.7097(Murphy)/A.9612(Zebrowski) and S.7098(Murphy)/A.9615(Zebrowski)
The Business Council supported.

PASSED BOTH HOUSES

S.4173-A (Nozzolio)/A.7307 (Lupardo)
Prohibits contracts between shippers and motor carriers from indemnifying the shipper for liability for damages to goods regardless of fault.
The Business Council did not take a position.

S.8119 (Robach) /A.10714 (Buchwald)
Imposes additional road crossing and bridge inspection mandates on railroads; duplicates and/or contradicts federal requirements.
The Business Council opposed.

PASSED BOTH HOUSES

S.7722 (Lanza)/A.10296 (Peoples-Stokes)
Clarifies the definition of “restricted period” in State Finance Law (SFL) Section 139-k. (This year’s enacted budget updated the definition in SFL Section 139-j.)
The Business Council supports.

S.6906 (Ranzenhofer)/A.10136 (Cusick)
Provides that the burden of proof of material prejudice claims would fall on a public owner if the contractor provides notice within 180 days of the time specified in the contract; after this time period, the burden would fall on the contractor to prove that that public owner had not been prejudiced.
The Business Council supports.

PASSED BOTH HOUSES

S.6485-A (Bonacic)/A.8630-A (Gunther)
Prohibits charges for  termination or early cancellation of  telephone, cellular telephone, television, internet, energy, or water services contracts in the event the customer has deceased before the end of such contract.

PASSED BOTH HOUSES

S.8140 (Lanza) /A.10728 (Schimminger)
SLA and Alcohol Beverage Control Law (ABCL) amendments including the provision of language to allow for Sunday morning sales of alcoholic beverages for on-site consumption; modernization of numerous sections of the ABCL including streamlining certain permit and sales provision; amends the Executive Law in relation to vacancies on the State Liquor Authority Board and the chairmanship of said board.
The Business Council supported.

S.7728 (Boyle) /A.10248 (Steck)
Amends the alcoholic beverage control law, in relation to the authority of the state liquor authority (SLA) to revoke, suspend, or cancel a license or permit.
The Business Council supported.

S.7637 (Little) /A.10255 (Magnarelli)
Relates to federal bond volume allocations, the unified state bond ceiling and the private activity bond allocation act of 2016.
The Business Council supported.

S.5949-A (Griffo)/ A. 2604-C (Morelle)
Establishes protocols for combative sports; authorizes mixed martial arts events in this state.
The Business Council supported.
 

S. 6397-B (Martins)/ A. 9174-A (Blake)
Requires state agencies to pay small businesses within fifteen days of receipt of an invoice. Passed both houses.
The Business Council supported.
Chapter 37.

NOT APPROVED

S.7496 (Marcellino)/A.10024 (Nolan) 
Codifies P-TECH program in statute, and makes $25 million available for their support (SED departmental bill).
The Business Council supports

PASSED BOTH HOUSES

S.8026-A (Little) /A.10721-A Rules (Englebright)
A concurrent resolution of the Senate and Assembly to amend article 14 of the constitution, in relation to allowing public utility lines and bike paths to be constructed in the width of state, county or town highways; on forest preserve property within the right of way.

PASSED BOTH HOUSES

S.6824-A (Marchione) /A.9568-A (McDonald)
Provides that a personal injury action based on contact with or exposure to any of the substances found within an area designated as a Superfund site may be commenced: “within the period allowed pursuant to section two hundred fourteen-c of this article” or “within three years of such designation of such area as a superfund site,” whichever is latest.”
The Business Council Opposed

PASSED BOTH HOUSES

S.8160 (Flanagan)/A.10742 (Rules)
New standards and reporting requirements for independent expenditure committees; creates new criteria for prohibited coordination between IECs and candidates; prohibits contributions from PACs to related IECs; increases disclosure requirements for IEC income and expenditures (Part A). Expands “source of funding” requirements to include entities that spend $15,000 over 12 months on lobbying (reduced from $50,000), requires disclosure of funding sources over $2,500 (reduced from $5,000); amounts received as membership dues payments do not have to be disclosed (Part D). Imposes new reporting requirements on 501(c)3 and 4 entities that make contributions to lobbying expenses. Imposes new registration and reporting requirements on “political consultants.” (Part H).
The Business Council did not take a position.

S.8163 (Croci)/A.10739-A (Rules)
First passage of concurrent legislative resolution to amend the state constitution to allow the pension of a public officer to be reduced or revoked based on a felony conviction related to official duties. “Public officer includes: elected officials; gubernatorial appointees; county, city, town or village administrator or manager; the head of any state or local department, board, commission or public benefit corporation; a judge or justice of the unified court system; and any legislative, executive, or judicial employee of this state who is designated as a policymaker under state law.
The Business Council did not take a position.

PASSED BOTH HOUSES

S.4771-E (Funke)/A.7610-E (Dinowitz)
Would modify state regulation of gift cards and gift certificates.
The Business Council supports.

S.7536-A (Seward)/A.10267-A (Cahill)
Creates a state insurance advisory board.
The Business Council supports.

S.7534-A (Seward)/A.10292-A (Cahill)
Implements administrative procedures for the Department of Financial Services that will provide greater transparency in their analysis, inquiries and regulation of the insurance industry. 
The Business Council supports.

S.8159 (Flanagan)/A.10741 (Farrell), Part Q
Impose unnecessary new mandates on lenders regarding mortgaged property, in, or potentially in, foreclosure.
The Business Council opposes.

PASSED BOTH HOUSES

S.8137 (Ortt)/A.10725 (Rules)
Mandates unlimited, medically necessary, treatment for substance use disorder including inpatient coverage as required by the Mental Health Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a); requires insurance carriers to provide coverage, without prior authorization and without co-pays, for inpatient services for the diagnosis and treatment of a substance use disorder as long as needed and for fourteen days before they perform any utilization review; insurers required to use objective diagnostic tool approved by the New York State Office of Alcoholism and Substance Abuse Services (OASAS).

S.8139 (Murphy)/A.10727 (Rules)
Limits opioids prescriptions to seven-day supply, but allows only pay a single copayment co-pay for 30 days’ worth of pharmaceuticals; insurance carriers to provide at least five days of coverage, without prior authorization, for medication to treat substance use disorder and provide coverage for medication to reverse overdoses called opioid antagonists to any person under the same policy as the treated addicted individual.

S.8093 (Flanagan)/ A.10679 Rules (Barrett)
Expands private insurance coverage for diagnosis and treatment of breast cancer; mandates longer hospital hours and time off for NYC government employees to get screened; precludes deductibles and co-pay requirements for diagnostic mammograms, breast ultrasounds, and magnetic resonance imaging.

S.7867 (Seward) /A.10524 (Cahill) 
Exempts Employer Group Waiver Plans (EGWPs) that cover prescription drug benefits for Medicare beneficiaries from New York Insurance Law requirements including State benefit mandates and rate filing requirements.
The Business Council supports.

PASSED BOTH HOUSES

S.8102 (Klein)/A.10672 (Moya)
Imposes new standards on employment agencies; intends to “deter employment agency abuse;” requires additional information on available jobs be provided to job seekers.
The Business Council opposed an earlier version of this bill, but did not take a position on the final bill which addressed our most significant concerns.

NOT APPROVED

S.4846 (Bonacic) /A.6714 (Weinstein)
Provides that a non-New York business or non-profit that secures authorization to conduct business in New York is automatically subject to the general jurisdiction of the state’s courts.
Business Council Opposes

S.5504 (O’Mara) /A.5978 (Schimminger)
Requires the disclosure of all past, pending, and anticipated asbestos trust claims by a plaintiff.
Business Council Supports

S.8006 (Ortt) /A.9241-C (Simanowitz)
Regulates lawsuit lending industry in New York State.
Business Council Supports

S.8049 (Rules)
Allows assessed value of  property subject to PILOT agreement to be included in tax cap change factor; excludes BOCES capital expenditures from inclusion school districts tax cap; subjects school district budget to majority vote where the budget itself is tax cap compliant, but voter submitted propositions cause the budget to exceed the tax cap.
The Business Council supported components of this bill.

PASSED BOTH HOUSES

S.7442 (DeFrancisco)/A.9490 (Magnarelli)
Precludes Industrial Development Agencies from providing exemptions from mortgage recording taxes imposed for upstate transit authorities.
The Business Council opposed.

S.8038 (Lanza)/A.10266 (Farrell)
Amends NYC business tax filing deadlines for consistency with federal and state tax deadlines for sole proprietors, which would be required to file returns by April 15th.
The Business Council supported.

S.7609 (Ranzenhofer)/A.10223 (Schimminger)
Directs payment of QEZE tax credits to taxpayers that were decertified on or after 4/1/09 but subsequently reinstated pursuant to judicial review.
The Business Council supported.

S.6987 (Amedore)/A.9415 (Gunther)
Expands the bonus “empire state film production credit” to include the entire state except New York City and Westchester, Rockland and Nassau counties.

S.7838 (Serino)/A.7555-A (Rosenthal)
Exempts “feminine hygiene products” from state and local sales tax.

S.7485-B (Golden)/A.10083-B (Lentol)
Establishes the empire state music production credit and the empire state digital gaming media production credit.

NOT APPROVED

S. 6090 (Little) /A.10620 (Morelle)
Amends the general municipal law to enact the "wireless broadband eligible facility permitting act" to provide for uniform municipal regulation of improvements at existing wireless facilities.
The Business Council supported.

A. 8123-A (Brennen)
PSC mandated service quality standards, credits, reports and penalties.
The Business Council opposed.

S.3998-B (Boyle) / A.6068-A (Morelle)
Mandates that manufacturers of digital electronic equipment make available for purchase that equipment’s diagnostic and repair information, embedded software, tools and other parts to owners of the equipment and to independent repair providers not associated with the manufacturer
The Business Council opposed.

S. 6834-B (Venditto) /A.10475-A (Dinowitz)
Broadens the scope of information covered under the notification provisions regarding security breaches under state law; expands the definition of personal information; requires issuers of credit and debit cards to notify customers of the breach of security prior to the issuance of replacement cards; mandates media campaigns to alert the media of data breaches.
The Business Council opposed.

S. 1034 (Avella) /A.2597 (Brennan)
Mandates a PSC study of fiber optic cable television systems, imposes additional reporting requirements on service providers.
The Business Council opposed.

A. 1223-D (Brennen)
Creates standards by which the public service commission reviews and approves a merger or acquisition between telephone corporations, cable corporations and combination telephone and cable corporations.
Business Council opposed.

S. 3407-A (Croci) /A.6130-A (DenDekker) 
Requires the formation of a cyber security advisory board and the implementation of a cyber security initiative.
The Business Council opposed.

S.3405-A (Croci) /A.6133-A (DenDekker)
Requires a comprehensive review of all cyber security services to be performed every five years.
The Business Council opposed.

S. 757-A (Kennedy) / A. 3688-A (Peoples-Stokes)
Imposes penalties on a business moving call center employment and operations overseas, by restricting their access to state contracts and loans.
The Business Council opposed.

PASSED BOTH HOUSES

S.8123 (Lanza) /A.10713 (Crespo)
Amends the Arts and Cultural Affairs Law relating to automated ticket purchasing software also known as “bots” and makes it unlawful for ticket resellers to resell or offer to resell tickets that they know were obtained using ticket purchasing software if not obtained for their own use or those of their invitees, employees or agents.
The Business Council supported.

NOT APPROVED

S.1853-A (Little) / A.6256-A (Magee) Passed Senate.
Exempts employers from paying unemployment insurance on H2A visa temporary farm workers.
Business Council Supports

S.7268 (Martins)/ A.10443 (Titus)
Creates a personal liability of corporate officers for delinquent unemployment contributions.
Business Council Opposes

PASSED BOTH HOUSES

S.7431-A (Martins) /A.2462-A (Bronson)
Authorizes the care and treatment of injured employees by duly licensed or certified acupuncturists under the workers' compensation program.
The Business Council opposes.