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NY’s Dirty Dozen Pieces of anti-business anti-growth legislation

June 25, 2010

6/10/10: Business Groups Speak Out Against “The Dirty Dozen”

More than two dozen business groups from across New York assembled in Albany today to voice their opposition to a collection of bills, dubbed The Dirty Dozen, that would kill jobs and severely impede the recovery of the state’s economy.

The coalition, representing thousands of job creators, is vehemently opposed to the following bills:

IDA Labor Mandates (S.1241  THOMPSON / A.3659 Hoyt)
This legislation would impose costly and burdensome mandates to economic development projects financed by Industrial Development Agencies.

Martin Act Expansion (S.5768  SCHNEIDERMAN / A.8646 Brodsky)
This bill would expand the power of the Martin Act, which as a result, would significantly jeopardize various components of the state’s business community. New York is already one of the most regulated and litigious states in the nation and further expansion of this kind is not only unnecessary, but untimely as well.

Consumer Protection from Deceptive Acts and Practices (S.7301  PERALTA / A.10306 Pheffer)
This bill would greatly increase fines to various businesses that engage in any “unconscionable or deceptive acts or practices in the conduct of any business, trade or commerce.”  This legislation is only aimed at increasing fees and fines on private industry in New York State.

Natural Gas Drilling Moratorium (S.7592-A  ADDABBO / A.10490-A Englebright)
If enacted, this bill would establish a moratorium on conducting hydraulic fracturing pending the issuance of a report by the Environmental Protection Agency (EPA). The EPA has already concluded on more than one occasion that hydraulic fracturing – a 60-year-old technology – is safe.

Farm Labor Mandates (S.2247-B  ONORATO / A.1867-B Nolan / S.7787 ONORATO)
This legislation would inappropriately impose unsustainable wage mandates on private farms and makes the false assumption that these mandates will have no impact on our New York farms. These wage mandates will likely result in fewer jobs for New York farm workers, as more of our food will be produced in other states and other countries.

Restrictive Greenhouse Gas Emissions Limits (S.4315-A  THOMPSON / A.7572-A Sweeney)
This legislation would require the Department of Environmental Conservation to impose restrictions on carbon dioxide and other greenhouse emissions from any source, including agriculture, manufacturing, power generation, and fuel processing.

Paid Family Leave Mandate (S.5791  SAVINO / A.8742 Silver)
This legislation would mandate that all employers provide a 12-week paid family leave for its workforce, regardless of the size of the business. A “one size fits all” mandate of this nature does not adequately factor in the wide range of employment situations that are in place throughout New York State.

New York State Workplace Bullying (S.1823-B  MORAHAN / A.5414-B Englebright)
This legislation would create a new private cause of action for employees, this proposal would create potential opportunities for employees to embellish certain workplace situations for personal financial gain by claiming to have suffered from “bullying” while at work.

Private Environmental Citizen Suits (S.1730B SCHNEIDERMAN / A.4272 Brodsky)
This legislation would allow private “citizen suits” to be brought in response to alleged violations of the Environmental Conservation Law.

Independent Contractor Classification (S.6194  FOLEY / A.8237-B John / S.5847-C ONORATO / A.9706-B (Part SS))
These bills would have a severe impact on the New York State construction industry, by applying an unnecessary definition of an independent contractor to the state’s labor law.

Utility Worker Prevailing Wage Mandates (S.7643  SAVINO / A.404-B John)
This bill would establish unnecessary, bureaucratic and costly new standards for work performed by or for utility companies when conducting excavation. The legislation purports to contribute to public safety, but will only serve to increase job security for the few while the majority is adversely affected.

Service Worker Prevailing Wage Mandates (S.7096-A  SCHNEIDERMAN / A.10257-A Gianaris)
This bill would amend the Labor Law to extend wage mandate requirement to private businesses. This legislation would amend the definition of a public agency to include electric and gas utilities. Ultimately the legislation will translate into higher energy cost for all consumer including businesses, the elderly, schools, daycares, local governments and hospitals.

Representatives from the statewide business coalition expressed their objections to the package of job-killing bills

“It should be fairly apparent that increasing New York’s already second highest in the nation cost of doing business and imposing new burdens on already struggling employers is not a prescription for economic recovery and job creation, but rather a recipe for continued economic decline. Yet, that’s precisely what these bills and many others pending in the Legislature would do. It is high time to face economic reality in Albany  and to stop chasing jobs and people out of our state, as proposals like this continue to do. It is small businesses  the engine of most new job creation  that will turn out economy around, but they can’t do it if they are constantly shellacked with higher costs and new mandates. State government needs to get out of the way of job creation, stop making our business climate even worse, and focus instead on policies that will create new opportunities for New Yorkers.”
Mike Elmendorf, New York State Director of the National Federation of Independent Business (NFIB)

for comments from dozens on other groups: http://www.unshackleupstate.com/news/index.cfm?page=273

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