The Business Council of New York State, Inc.
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2004 SENATE LEGISLATION
(Bills titled in bold face are supported by The Business Council
)
(Bills titled in italics are opposed by The Business Council)
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EMPLOYEE BENEFITS

S.7617 (Hannon) — Medicaid Reform
Makes numerous cost-containment reforms to the state's medicaid program, including: requires the State to assume the local share of the Family Health Plus program over a two year period; assesses appropriateness of level of care for current nursing home residents; authorizes mandatory Medicaid managed care in rural areas of the State; increases tax credit for Long Term Care Insurance Tax Credit from ten percent to twenty percent; establishes a preferred drug list for Medicaid and EPIC beneficiaries; requires copayments by Family Health Plus participants; authorizes DOH to establish up to six Disease Management demonstration programs; establishes a Prescription Drug Discount demonstration program.
No Same as. Status: passed Senate.

S.6332 (Seward) — Freedom Health Insurance Plans
Creates new 43% tax credit for health insurance costs for businesses with 50 or fewer employees; authorizes carriers to offer "Freedom Policies," which would have higher deductibles coupled with new health savings accounts (HSA's). Expands Healthy New York program.
Same as A.10251. Status: passed Senate.

S.5329 (Libous) "Timothy's Law"
Would require all health insurance policies provide full coverage for the diagnosis and treatment of mental disorders, including nervous disorders, emotional disorders, and dependency on alcohol or other drugs, with no limit on coverage of disorders not imposed on physical disorders. Estimated annual cost: $200 million for policy holders; $130 million to state budget.
Same as A.8301. Status: Senate Insurance Committee.

S.7296-A (Libous) — Mental Health Parity
Requires insurers to provide mental health insurance coverage for biologically based mental illnesses; provides exemption for businesses that would experience premium cost increase of 2% or more; provides exemption to businesses with 50 or fewer employees; creates a two year study of the program's costs and benefits granted; includes a 12/31/07 sunset.
No same as. Status: passed Senate.

S.5320 (Libous) — Workers Comp reform
Provides for comprehensive cost saving reforms, including: limits on duration of permanent partial disabilities; old age social security and pension offsets; modified payment of scheduled loss of use awards; and objective medical guidelines.
Same as A.8862. Status: Senate Labor Committee.

S.6135-B (Mendez) Workers Comp Benefit Increase
Increases maximum Workers Comp benefit to $625 per week; indexes maximum benefits to statewide average weekly wage.
Same as A.9736. Status: Senate Labor Committee.

S.6841 (Rules) — Governor's Workers Compensation Bill
Establishes a system of tiered benefit levels for those claimants who have been classified as permanently partially disabled. Reduces assessment for the Second Injury Fund. Increases maximum benefit to $500/week.
Same as A.10975. Status: Senate Labor Committee.

TAXES

S.6060 (Budget) — Single Sales Factor
Would base manufacturers' income allocation for corporate franchise purposes solely on percentage of in-state sales. This benefits businesses with significant in-state capital and employment. Benefit phased in over five year period. Uses existing ITC definition of manufacturing.
Same as A.9560. Status: Amended to S.6060-B. Passed both houses without SSF provision.

S.7179 (Bonacic) — Real Property Tax Tribunal
Moves the venue for real property tax certiorari proceedings outside New York City from State Supreme Court to the Tax Appeals Division in an effort to promote expedited and more uniform decisions on cases.
Same as A.11000. Status: Senate Local Government Committee.

ENERGY & ENVIRONMENT

S.5673-A (Wright) — Article X Extension
In effect, extends pre-existing Article X power plant siting law until 2014. Article X provided a 12-month "one-stop" review process for electric power plants 80MW or larger; Article X expired in 2003.
No same as. Status: Passed Senate in 2003.

S.5728-A (Wright) — Article VII Reform
Streamlines existing Article VII process for reconstruction of existing transmission lines (including wires and pipelines) in existing right of ways; provides for additional public participation requirements; establishes 30 day PSC review period for"substantial public interest" determination; and 150 day period from compliance determination to final decision on applications.
No same as. Status: Senate Rules Committee.

S.7726 (Marcellino) — Cleanup Tax Repeal/Brownfield technical cleanup
exempts remedial wastes from hazardous waste generator surcharges (adopted in 2003); makes numerous technical amendments to the 2003 Brownfield Act, including clarification of tax credit provisions and remedial requirements.
Same as A.11802. Status: passed both houses.

ECONOMIC DEVELOPMENT

S.6059-B (Budget) — Power for Jobs Program Extender
Reimburses participants for any benefits lost due to contract expirations between March 1 and November 30, 2004; as of December 1, 2004, Phase 4 and 5 PfJ recipients can apply for extended benefits through December 31, 2005, through contract extension or participation in "PfJ savings reimbursement program;" increases NYPA's financial support of the PfJ program to $275 million.
Same as A.9559-B. Status: passed both houses.

S.6060-B (Budget) — Empire Zone program extender
Extends the Empire Zones Program as is until 3/31/05.
Same as A.9560-B. Status: passed both houses.

S.6040-C (Spano) — Anti-Outsourcing Restrictions
Dubbed the "Poison pill for jobs growth bill," it would prohibit a business that has received state financial assistance from moving any "employment, jobs or positions" out-of-state while reducing in-state employment; requires "violators" to repay the state the value of state financial assistance received; imposes five year ban on receiving any additional state assistance.
Same as A.11682. Status: Senate Corporations Committee.

S.6872 (LaValle) — Anti-Outsourcing/Investment Restrictions
Would prohibit investments by the state's $100 billion Common Retirement Fund in the "stocks, securities or other obligations" of any company engaged in the offshore outsourcing of jobs, and requires the fund to divest any current investments in such companies "in a fiscally prudent manner."
No same as. Status: Senate Civil Service Committee.

S.6935 (Paterson) — Senate Minority Outsourcing Package
Imposes numerous restrictions/penalties on outsourcing/offshoring activities by business. Key provisions: requires written consent for offshore processing of financial or medical data; prohibits state contracts with businesses that will use offshore workers to execute contracted work; withhold taxpayer-financed benefits from businesses "that utilize offshore resources; and others.
No same as. Status: Senate Consumer Protection Committee.

OTHER ISSUES

S.7643 (Johnson) Vicarious Liability
Provides that the lessor of a motor vehicle for a term of more than one year shall be deemed to be the owner of such a vehicle for the purposes of civil liability for the damage caused by the use of such motor vehicle. Brings New York into line with liability standards used in all 49 other states.
No same as. Status: passed Senate.

S.6059-B (Budget) Divisible Load Permits
Increases the number of divisible load truck permits that can be issued each year by the Department of Transportation from 17,000 to 21,000 this year and to a maximum of 25,000 by 2008.
Same as A.9559-B. Status: passed both houses

S.1710 (Volker) Safe Place to Work (aka Scaffolding Law)
Change the current absolute liability standard for certain workplace injuries to one of contributory negligence for those employers that provide appropriate safety training and equipment.
Same as A.7213. Status: Senate Codes Committee

S.6079 (Volker) — Outsourcing/Utility Call center
Requires that public utilities provide call center service assistance from centers located within the state and within their own service areas.
Same as A.201. Status: Senate Energy Committee