State Net | Legislative Private File Status Report NV BDR 305 AUTHOR: TITLE: PREFILED: DISPOSITION: LOCATION: SUMMARY: Purchasing Division-Administration Certain Contracts 09/02/2008 Pending Bill Draft Request Consolidates the provisions governing state procurement of services with the independent contractor provisions and authorizes the State Board of Examiners to delegate administrative approval for certain contracts. STATUS: 09/02/2008 Issue: (2007) NY A 395 SAME AS: SPONSOR: TITLE: INTRODUCED: VETOED: DISPOSITION: LOCATION: SUMMARY: FILED. IndependentContract (2007) NY S 6385 Morelle (D) Health Insurance and Small Businesses 01/03/2007 09/25/2008 Vetoed Vetoed by Governor Relates to standardized health insurance contracts for qualifying small employers and individuals. STATUS: 09/25/2008 Issue: (2007) NY A 729 SAME AS: SPONSOR: TITLE: INTRODUCED: LAST AMEND: DISPOSITION: LOCATION: SUMMARY: Vetoed by GOVERNOR. Veto No. 137 of 2008. Healthcare/insurance (2007) NY S 3787 Ortiz (D) Restaurants Posting of Caloric Value 01/03/2007 05/09/2008 Pending Assembly Rules Committee Requires certain restaurants and food establishments to post the caloric value and fat and sodium content per serving. STATUS: 06/17/2008 06/17/2008 Issue: From ASSEMBLY Committee on CODES. To ASSEMBLY Committee on RULES. Nutrition/Obesity file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (11 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY A 2520 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: McDonough (R) Do Not Mail Email Statewide Registry 01/17/2007 Pending Assembly Consumer Affairs and Protection Committee Provides for the establishment of the do not mail/e-mail statewide registry by the consumer protection board; such registry shall be composed of persons who do not wish to receive unsolicited direct mail marketing; no direct mail marketer shall transmit unsolicited direct mail marketing to any person listed in such registry unless such person solicited the information or has a business relationship with the marketer; provides fines. STATUS: 03/22/2007 Issue: (2007) NY A 8657 SPONSOR: TITLE: INTRODUCED: ENACTED: DISPOSITION: LOCATION: CHAPTER: SUMMARY: Enacting clause stricken. DoNotMail Magee (D) Equipment Dealer Agreements 05/23/2007 09/04/2008 Enacted Chaptered 506 Relates to dealer agreements for the sale of farm equipment and prohibited acts; expands the provisions to include agreements pertaining to equipment used for lawn, garden, golf course, landscaping, or grounds and maintenance activities; clarifies prohibited acts; provides that warranty agreements shall be deemed to be approved if no action is taken within a specified amount of time; revises the method for calculation of reimbursement and increases the rate; authorizes a supplier to audit claims. STATUS: 09/04/2008 09/04/2008 Issue: Signed by GOVERNOR. Chapter No. 506 FranchiseRelations file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (12 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY A 9055 SAME AS: SPONSOR: TITLE: INTRODUCED: VETOED: DISPOSITION: LOCATION: SUMMARY: (2007) NY S 6101 Destito (D) Small Brewers and Wholesaler Agreements 06/11/2007 09/04/2008 Vetoed Vetoed by Governor Permits small brewers having a specified percent or less of a beer wholesaler's annual business to terminate an agreement with such wholesaler; requires payment of fair compensation unless the termination is for good cause. STATUS: 09/04/2008 Vetoed by GOVERNOR. Veto No. 92 of 2008. Commentary: beer wholesalers; good cause in termination Issue: FranchiseRelations (2007) NY A 9831 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: Jaffee (D) Restaurants and Food Establishments 01/29/2008 Pending Assembly Consumer Affairs and Protection Committee Requires certain restaurants and food establishments to post the caloric value, carbohydrate, fat and sodium content per serving. STATUS: 01/29/2008 01/29/2008 Issue: (2007) NY A 10504 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: INTRODUCED. To ASSEMBLY Committee on CONSUMER AFFAIRS AND PROTECTION. Nutrition/Obesity Gantt (D) Limitation Motor Vehicle Dealers 04/08/2008 Pending Assembly Transportation Committee Limits the conditions which a motor vehicle franchisor may impose upon motor vehicle dealers; prohibits the placement of a franchised motor vehicle dealer close to another franchised dealer of the same brand of motor vehicles; grants stay of a franchise when there is a challenge to it; requires dealer discounts and incentive to be in writing and clearly described and available; requires franchisors to provide parts and sale incentives to dealers. STATUS: 04/08/2008 04/08/2008 Issue: INTRODUCED. To ASSEMBLY Committee on TRANSPORTATION. FranchiseRelations file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (13 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY A 10963 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: Bradley (D) Definition and Operation of Franchises 05/08/2008 Pending Assembly Economic Development, Job Creation, Commerce, and Industry Committee SUMMARY: Relates to franchises; defines franchise as a contract or agreement, expressed or implied, oral or written, between persons by which a franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan prescribed by a franchisor where the operation is substantially associated with franchisor's trademark and franchisee is required to pay a fee; prohibits selling business opportunities unless such person complies with certain laws. STATUS: 05/08/2008 05/08/2008 INTRODUCED. To ASSEMBLY Committee on ECONOMIC DEVELOPMENT. Commentary: Seeks to confirm state with new FTC regs. Issue: FranchiseRelations (2007) NY A 11436 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: Assembly Rules Committee Paid Sick Leave 06/03/2008 Pending Assembly Codes Committee Requires all employers to provide paid sick leave to employees. STATUS: 06/03/2008 06/03/2008 INTRODUCED. To ASSEMBLY Committee on CODES. Commentary: Applies to businesses with 1 or more employees;leave can be used for CHILD, SPOUSE, PARENT, GRANDPARENT, GRANDCHILD, SIBLING, OR AUNT OR UNCLE. Issue: Overtime/Labor file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (14 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY A 11739 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: Assembly Rules Committee Motor Vehicle Franchisor 06/20/2008 Pending ASSEMBLY Limits the conditions which a motor vehicle franchisor may impose upon motor vehicle dealers; prohibits the placement of a franchised motor vehicle dealer close to another franchised dealer of the same brand of motor vehicles; grants stay of a franchise when there is a challenge to it; requires dealer discounts and incentive to be in writing and clearly described and available; requires franchisors to provide parts and sale incentives to dealers. STATUS: 06/24/2008 06/24/2008 Issue: (2007) NY A 11749 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: From ASSEMBLY Committee on RULES. Substituted by S 8678. FranchiseRelations Assembly Rules Committee Gasoline Franchise Agreements 06/21/2008 Pending Assembly Economic Development, Job Creation, Commerce, and Industry Committee SUMMARY: Establishes no existing or future franchise agreement shall prohibit a gasoline dealer from offering a discount to a buyer based upon the method of payment by such buyer for such gasoline. STATUS: 06/21/2008 06/21/2008 Issue: (2007) NY A 11848 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: INTRODUCED. To ASSEMBLY Committee on ECONOMIC DEVELOPMENT. FranchiseRelations Assembly Rules Committee Retail Outlet Leased to Motor Fuel Dealer 09/10/2008 Pending Assembly Economic Development, Job Creation, Commerce, and Industry Committee SUMMARY: Relates to the sale or transfer of gasoline retail outlets; provides that if a producer or refiner owns a fee simple interest in a retail outlet leased to a dealer, the producer or refiner may not assign to another person such interest unless the producer or refiner makes an offer to assign to the dealer such interest and offers a right of first refusal to the dealer. STATUS: 09/10/2008 09/10/2008 Issue: INTRODUCED. To ASSEMBLY Committee on ECONOMIC DEVELOPMENT. FranchiseRelations file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (15 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY S 1403 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: Kruger (D) Do Not Offer Statewide Registry Act 01/19/2007 Pending Senate Consumer Protection Committee Enacts the Do Not Offer Statewide Registry Act; establishes the Do Not Offer Statewide Registry which shall contain a list of customers who do not wish to receive unsolicited direct mail marketing; defines relevant terms. STATUS: 01/19/2007 01/19/2007 Issue: (2007) NY S 1625 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: INTRODUCED. To SENATE Committee on CONSUMER PROTECTION. DoNotMail Maziarz (R) Public Health Care Recipients 01/23/2007 Pending Senate Labor Committee Requires certain public health care recipients to provide information regarding their employers, including the name and address of their employers; requires the commissioner of labor to produce an annual report summarizing such information. STATUS: 01/09/2008 01/09/2008 Issue: (2007) NY S 2212 SAME AS: SPONSOR: TITLE: INTRODUCED: LAST AMEND: DISPOSITION: LOCATION: SUMMARY: Withdrawn from SENATE Committee on RULES. To SENATE Committee on LABOR. Healthcare/insurance (2007) NY A 6773 Valesky (D) Small Business Insurance Board 02/01/2007 01/18/2008 Pending Senate Insurance Committee Establishes the Small Business Insurance Board and small business insurance pool program to provides state negotiated health insurance to small businesses. STATUS: 01/18/2008 Issue: Amended in SENATE Committee on INSURANCE. Healthcare/insurance file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (16 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY S 7117 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: Libous (R) Motor Vehicle Franchisor Conditions 03/07/2008 Pending Senate Transportation Committee Limits the conditions which a motor vehicle franchisor may impose upon motor vehicle dealers; prohibits the placement of a franchised motor vehicle dealer close to another franchised dealer of the same brand of motor vehicles; grants stay of a franchise when there is a challenge to it; requires dealer discounts and incentive to be in writing and clearly described and available; requires franchisors to provide parts and sale incentives to dealers. STATUS: 03/07/2008 03/07/2008 Issue: (2007) NY S 7235 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: INTRODUCED. To SENATE Committee on TRANSPORTATION. FranchiseRelations Robach (R) Department of Labor Task Force 03/21/2008 Pending Senate Labor Committee Establishes a task force within the Department of Labor to study employment classification and misclassification with respect to a worker being an employee or an independent contractor and report thereon. STATUS: 03/21/2008 03/21/2008 Issue: (2007) NY S 7733 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: INTRODUCED. To SENATE Committee on LABOR. IndependentContract Hannon (R) Artificial Trans Fat 04/25/2008 Pending Senate Rules Committee Prohibits certain restaurants and food establishments from serving foods containing artificial trans fat; provides the Commissioner is authorized and directed to promulgate rules and regulations for recordkeeping and documentation by restaurants and food establishments necessary for compliance; provides for consultation with representatives of restaurants and food establishments and any county or municipal Health Departments. STATUS: 06/24/2008 Issue: To SENATE Committee on RULES. Nutrition/Obesity file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (17 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY S 7786 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: Robach (R) Independent Contractor 04/28/2008 Pending Senate Labor Committee Relates independent contractors; requires any person, corporation or other business entity contracting with the state to submit to the Commissioner of Labor a list of independent contractors hired; requires a fee per independent contractor be paid upon the submission of such list; provides that monies from such fees shall be used to fund the prevailing wage enforcement fund; relates to investigating and prosecuting for violations of misclassification of independent contractors. STATUS: 04/28/2008 04/28/2008 INTRODUCED. To SENATE Committee on LABOR. Commentary: NO a,b,c test (2007) NY S 8212 Issue: IndependentContract SPONSOR: TITLE: INTRODUCED: ENACTED: DISPOSITION: LOCATION: CHAPTER: SUMMARY: Robach (R) Worker Layoff Notification 05/13/2008 08/05/2008 Enacted Chaptered 475 Enacts the Worker Adjustment and Retraining Notification Act; provides an employer may not order a mass layoff, or employment loss, unless, at least 90 days before the order takes effect, the employer gives written notice of the order to affected employees and the representatives of those employees and specified government entities; provides exceptions; provides specified payments to employees by employers who fail to give requirement notice; authorizes relates employee actions; provides civil penalties. STATUS: 08/05/2008 08/05/2008 Issue: Signed by GOVERNOR. Chapter No. 475 Overtime/Labor file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (18 of 39) [12/3/2008 10:30:17 AM] State Net | Legislative Private File Status Report (2007) NY S 8660 SPONSOR: TITLE: INTRODUCED: DISPOSITION: LOCATION: SUMMARY: Hannon (R) Artificial Trans Fat Regulation 06/20/2008 Pending Senate Rules Committee Prohibits certain restaurants and food establishments from serving foods containing artificial trans fat; repeals certain provisions. STATUS: 06/20/2008 06/20/2008 Issue: (2007) NY S 8678 SPONSOR: TITLE: INTRODUCED: ENACTED: DISPOSITION: LOCATION: CHAPTER: SUMMARY: INTRODUCED. To SENATE Committee on RULES. Nutrition/Obesity Libous (R) Motor Vehicle Franchisor 06/20/2008 08/05/2008 Enacted Chaptered 490 Limits the conditions which a motor vehicle franchiser may impose upon motor vehicle dealers; prohibits the placement of a franchised motor vehicle dealer close to another franchised dealer of the same brand of motor vehicles; grants stay of a franchise when there is a challenge to it; requires dealer discounts and incentive to be in writing and clearly described and available; requires franchisers to provide parts and sale incentives to dealers. STATUS: 08/05/2008 08/05/2008 Issue: (2007) PA H 2400 PN: AUTHOR: TITLE: INTRODUCED: LAST AMEND: DISPOSITION: LOCATION: SUMMARY: Signed by GOVERNOR. Chapter No. 490 FranchiseRelations 3877 Lentz (D) Employee Misclassification 04/03/2008 06/09/2008 Failed - Adjourned Senate Labor and Industry Committee Creates the Construction Industry Independent Contractor Act. Provides for criteria that need to be satisfied to classify a person as an independent contractor in the construction industry. STATUS: 06/11/2008 To SENATE Committee on LABOR AND INDUSTRY. Commentary: includes ABC test Issue: IndependentContract file:///C|/Documents%20and%20Settings/pjackson/Desktop/Files.htm (19 of 39) [12/3/2008 10:30:17 AM]
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