Legislative Policies
1997 Legislative Agenda Targets
Each year, members of the Long Island Association's many committees discuss
their areas of concern during the last few months of the year. The members
decide which legislative areas the Association should support or oppose for
the coming year, then submit the proposed agenda to the LIA Board of
Directors. Following is the approved Legislative Agenda for the Long Island
Association for 1997. Items in boldface have been designated at the
Association's top priority legislation for 1997.
BUILDING & REAL ESTATE
- Support the development of a convention center on Long Island on its own or as part of re-development of the Nassau Coliseum.
- Support designation and zoning of parcels for commercial use to accommodate projected business development requirements.
- Support legislation to change the assessment classification system in Nassau County that results in highly inflated taxes, putting the county at a competitive disadvantage.
- Support the work of state and local task forces to determine the best use of large parcels of land, including the best economic development use.
- Support efforts to encourage building material recycling.
- Support incentive programs that reward companies for remaining on Long Island.
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EDUCATION
Primary and Secondary Education
- Support legislation to provide incentives to school districts to consolidate administrative programs.
- Support legislation to ensure that Long Island receives its fair share of state aid to education, adjusted for regional differences, to make state funding more equitable to the cost of education.
- Support legislation to use available state funding to require all school districts to perform an administrative audit to determine which administrative functions can be consolidated.
- Provide state incentives to create business-education coalitions to reduce administrative costs, provide basic skills and improve curriculum offerings.
- Support legislation to provide tax incentives to businesses that provide job skills training.
- Support legislation to limit the number of times a school budget can be voted upon to one vote.
- Support amending the Taylor Law to allow for regional negotiations for teachers and administrators.
- Support expansion of "circuit breakers" to alleviate real property tax levels on senior citizens and lower income residents.
- Support professional licensing standards for teachers with requisite changes in disciplinary procedures.
- Support initiatives to reduce the cost of "special education," including restrictions on who can be placed upon the selection committee, and a financial incentive to districts to "mainstream" students to the fullest extent practicable, excluding 4201 schools and their students.
- Encourage the New York State Board of Regents to require every student to pass a Regents Comprehensive Examination in a foreign language.
Higher Education
- Support an increase in the state's commitment to the independent sector of higher education through a restoration of statutory levels of Bundy funding and through increased in maximum award levels and middle income ceilings of the Tuition Assistance Program.
- Support increases in financial aid formula for students at CUNY and SUNY so that access to public sector institutions remains a central tenet of state higher education policy, and support legislation to provide additional flexibility in the governance structure for State University campuses.
- Support the development of new incentives and financial aid policies to encourage students from Long Island to remain on Long Island for higher education.
- Foster an internship program that would support pairing LIA members with student interns from local colleges and universities.
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ENERGY/ENVIRONMENT
Federal Legislation
- Flow Control legislation should assure that business pays only its fair share of waste disposal costs.
- Support federal legislation to allow ash residue to continue to be classified as a non-hazardous waste and to be disposed of or recycled so that all municipalities would be required to enforce the same disposal rules.
- Oppose legislation that would constrain the ability of New York State to export solid waste for disposal.
State Legislation
- Support legislation to ensure that Long Island receives its fair share of proceeds from the Clean Air/Clean Water Bond Act.
- Support state legislation to establish a 3-year statute of limitations to commence an action to recover a fine or penalty.
- Support state legislation amendments regarding suspension of permit review until outstanding enforcement actions are resolved.
- Support the creation of the Fire Island Erosion Control Taxing District to allow Fire Island property owners to contribute to erosion control and beach protection projects.
- Support legislation to credit LILCO for the assessment costs related to the Shoreham plant for the capital expenditures associated with the low level radioactive waste management facilities.
- Support the development of a competitive market for the generation of electricity.
- Support the phase out of the gross receipts tax on electric, gas and water utility sales with the effective date to begin April 1, 1997, or apply the tax on a physical-unit-of-use basis rather than a dollar use basis.
- Support the taxation of utility property at the same rates and manner as other commercial and industrial property.
- Support the phase out of the petroleum business tax.
- Support state legislation to assure that business pays only its fair share of local waste disposal costs.
- Support legislation that would recycle previously used, often degraded and abandoned. Commercial and industrial sites and base cleaning standards on property use.
- Support legislation to provide permanent funding to SUNY Stony Brook's Waste Reduction and Management Institute at $350,000 per year.
- Support legislation to allow immediate clean-up of hazardous waste dumped illegally on an innocent landowner's property.
- Support legislation requiring periodic independent review of the Department of Environmental Conservation's (DEC) law enforcement policies and procedures.
- Support legislation and regulations encouraging the development of environmentally safe, cost- effective landfill space for disposal of solid waste within New York State.
- Support the use of immediate arbitration to facilitate the ability to settle environmental disputes.
- Oppose the imposition of monitoring costs and other non-regulatory required procedures by DEC upon permit applications without strict reporting and administrative guidelines.
- Monitor rate structure issues and intervene as appropriate in LILCO rate cases as they relate to the impact on business ratepayers.
- Support cost-effective energy conservation programs carried out pursuant to the requirements of regulatory agencies determined to be cost effective.
- Support additional air quality monitoring on Long Island.
- Support state participation in Corps of Engineers shore protection and beach nourishment programs.
LIA State Administrative Action and Public Support
- Develop and implement an Island-wide, comprehensive environmental public education program.
- Establish a "Long Island Environmental Assessment Council", a panel of scientists who would identify and evaluate environmental problems, costs, and all available solutions.
- Support marketing and zoning incentives for commercial recycling programs and encourage use of recycled materials by industry and government.
- Support implementation of the Pine Barrens Statute to ensure the economic and environmental benefits can be accomplished.
- Support a study to determine viability of creating a Long Island Solid Waste Authority to relieve towns of the responsibility of solid waste management. Such a study would be prepared by the Waste Reduction & Management Institute of the University at Stony Brook.
- Support creation of state/local task forces in areas of large state parcels to determine best use of the land, including economic development purposes.
- Support rezoning parcels for corporate headquarters to alleviate the need for zoning changes.
- Support the development and siting of co-generation and independent power producers to help lower the cost of power, to foster economic development and to enhance environmental protection on Long Island (provided additional costs are not incurred by any class of ratepayers).
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HEALTH SERVICES
Federal Legislation
- Propose responsible anti-trust reform to better coordinate efforts through existing health planning structures as well as through the development of direct provider networks.
State Legislation
- Seek continued reform of the regulatory environment for all aspects of the health care industry, and promote responsible regulation including consolidation of regulatory and inspection procedures, simplification of existing regulation and record keeping, and the elimination of regulations that add costs but do not otherwise materially benefit health care consumers.
- Support regulatory reform as it relates to the license and scope of practice issues for the "Allied Health Professions".
- Allow insurers to offer premium incentives to small businesses (comparable to those for larger businesses) for documented participation in certified health improvement activities. Providers would assume documentation responsibilities and be subject to periodic audits to ensure integrity of documentation. Standards for certified health promotion activities would be based on existing professional standards and community input.
- Advocate malpractice and tort reform.
- Advocate legislative, tax and insurance reforms that encourage and/or offer incentives to participate in the range of recognized health promotion activities.
- Support passage of legislation that supports the deductibility of Long Term Care Insurance premiums on NYS income taxes to the extent of passage of the Health Insurance Portability and Accountability Act of 1996.
- Support legislation to protect the confidentiality of records that may be used by health insurance and managed care companies.
- Develop legislative proposals to facilitate the development of subacute care as a level of care in nursing facilities, hospitals and other settings.
- Support proposals that facilitate the development and regulatory flexibility for continuing care retirement communities and assisted living programs.
- Support legislation to allow the creation of Integrated Delivery Systems and Provider Service Networks to operate in New York State.
- Oppose the entry of publicly-traded hospitals or nursing facility corporations.
LIA Administrative Action and Public Support
- Continue to support and develop OSHA, EPA and health promotion programs and disease prevention programs, including the development of educational materials and seminars, to increase business community awareness and compliance.
- Continue the LIA Health Services Committee as an evolving forum for health/business community interaction.
- Promote education about advanced directives such as living wills and health care proxies.
- Improve the physical and mental health of the Long Island workforce and dependents to develop a competitive advantage for the Long Island economy. At the same time, reduce the need for preventable medical use and hospitalizations through health promotion and prevention initiatives that are accessible across all categories of socioeconomic, age and health status.
- Develop guidelines to assist businesses to improve the physical and mental health status of the workforce. Increase the number of businesses facilitating access for employees, dependents and retirees to health promotion and preventative services. Such services would include programs addressing issues of physical activity, nutrition, mental health, substance abuse, tobacco use, prenatal and maternal care, family planning, violent and abusive behaviors, communicable diseases, speech, hearing vision and oral care.
- Promote the concept of school health education (physical, mental and emotional), and promote its integration into the K-12 curriculum.
- Educate the business community on environmental and occupational health regulations, and advocate reforms where appropriate.
- Develop health promotion and education materials for the business community.
- Support the enhanced use of technology in Medicaid eligibility, claims processing and payment.
- Encourage employers to offer Point of Service options to their employees.
- Promote the efficient delivery of needed services at the appropriate level, including but not limited to expanded provision of long-term and continuing care services through managed care initiatives; and provide opportunities to create continual care spanning primary, preventive, acute, long-term care, and home and community-based services.
- Promote the development of community-based services, such as home care, hospice, adult day care, appropriate housing, adult home, assisted living, and continuing care retirement communities by streamlining regulatory requirements, providing adequate financing, and eliminating redundant review and oversight.
- Encourage appropriate in-state nursing facility placements for individuals with special care needs.
- Achieve economic discipline through administrative efficiencies. Achieve program and policy coherence by consolidating state agency functions regarding long-term care in one existing state agency to reduce bureaucracy, eliminate duplicate functions and funding streams, provide a unified state policy and parameters for long-term and continuing care.
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NOT-FOR-PROFIT
State and Federal Legislation
- Performing Arts and Independent Contractors: Change the NYS Labor Law that refuses to recognize many workers in the performing arts as independent contractors, even those who otherwise meet the IRS definitions of the term. This part of the labor law insists that not-for-profit organizations that hire a performing artist must incur the cost of unemployment insurance, workers' compensation and disability benefits regardless of the how long that person is hired for.
- Oppose any policy or legislation that would change itemized charitable deductions to ensure that businesses can continue to itemize their deductions.
LIA Administrative and Public Support
- Investigate changing the recent post office ruling that does not allow a not-for-profit to use its bulk rate mailing privilege if the mailing piece has any advertising.
- Investigate the possibility of creating a job bank for people with disabilities, linking this information to other not-for-profit organizations.
- Develop a state-wide requirement in school curriculum to help teach children how to distinguish between what media presentations are authentic, verifiable information, and what is not.
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TAX POLICY
State Legislation
- Support the elimination of the NYS Gross Receipts Tax on utility companies.
- Support the phase-out or elimination of the "temporary" MTA tax surcharge. In relation to the Nassau County assessment and taxation system:
- Support reassessment of residential (Class 1) property to make the Nassau assessment and taxation system more equitable for homeowners and to reduce refunds on successful appeals.
- For all cases of re-evaluation in Nassau County, remove the limit of 6% per year and 20% over five years on residential tax assessment increases.
- Change the formula in Article 18 of the Real Property Tax Law for adjusting property class shares to reduce effective tax rates of commercial properties in Nassau County, which are 2 to 3 times the effective tax rates of other suburban areas and are 1 1/2 times the effective tax rates of New York City.
- Support state legislation to limit school budget votes to a single vote. If the voters reject the budget, limit total expenditures to prior year total adjusted for student population.
- Support legislation to require all special district votes to be held on the same day as school district votes.
- Support the elimination of the Wicks Law in relation to competitive bidding practices.
- Support legislation to modify the Mortgage Recording Tax to treat residential and commercial mortgages equally.
- Support legislation to implement the 2+2 tax collection system in Suffolk County.
- Support an amendment to the Triboro Law statute to prohibit the payment of "step" salary increases after the expiration of a contract.
- Support repeal of New York City commuter tax.
- Support legislation amendments to require the NYS Tax Department to accept all determinations as collateral estoppel against the same taxpayer.
- Support amendments to the Unemployment Insurance laws to eliminate seasonal employees and to change the procedures regarding "last employer". Address the issue of an employee who voluntarily resigns receiving these unemployment benefits.
- Oppose federal "flat tax" proposals which are detrimental to Long Island.
- Support expanding current legislation regarding Initiative and Referendum to make it possible in both Suffolk and Nassau counties to vote on school consolidation. Petitions still would need to be circulated before such a vote could occur.
- Support commercial property reassessment in both Nassau and Suffolk counties.
- Support state legislation that would mandate reassessment every three years for both residential and commercial property in both counties.
- Oppose the enactment of any proposal that would replace the real property tax with the income tax as a funding source for public education.
- Support legislation or policy that would require school districts to periodically undergo management audits or operational review in order to receive state financial aid.
- Support legislation requiring school districts to issue periodic reports analyzing expenditure patterns as a condition of receiving state aid.
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TRANSPORTATION
- Support the completion of the construction of the fourth lane of the Long Island Expressway from Exit 64 to Exit 30 and other high priority projects.
- Support high occupancy vehicle lanes and other transportation demand techniques on Long Island.
- Support additional capital plan for passenger and freight operations of the Long Island Rail Road and additional parking opportunities at appropriate LIRR stations that must be open to all commuters.
- Support additional ferry services to and from Long Island including a new route from Shoreham to New Haven.
- Support the development of Vision 2020, a master plan for inter-modal transportation mechanisms for Long Island.
- Support the construction of a "transit option" to NYC airports which must include a connection to the LIRR at Jamaica and seamless transportation amenities, and support the LIRR east side access to Grand Central Station.
- Support the adoption of a "uni-pass" to allow commuters to ride all MTA operations by paying one fare, and support the use of E-Z Pass at toll facilities.
- Support federal law amendments to allow direct access to visitor centers and to increase tourist information signs along Long Island highways.
- Support the continuation of expanded operations at MacArthur and Republic airports.
- Support legislation to protect employers from liability and workers' compensation claims in the implementation of employee commute option programs.
- Support legislation to allow localities to form Transportation Development Districts
- Support federal and state funding for high speed rail facilities and urge the building of such a facility on Long Island.
- Support and encourage the development of improved bicycle routes for increased commuting and recreational use as an alternative to single occupancy vehicles.
- Support the use of the National Aviation and Transportation Center as a transportation resource for Long Island, especially as it relates to transportation simulation techniques.
- Support user-friendly and better technology of ticket machines at LIRR stations.
- Provide for long-term design, planting and maintenance along roadways to improve aesthetics, reduce noise and increase safety. Expand the "Adopt-a-Highway" program to encourage private support for the clean-up of litter along roadways.
- Develop public service announcements and increase awareness of transportation issues and initiatives through newspapers, media coverage and education programs in the schools.
- Encourage the development of visitor centers along Long Island highways to promote public education, tourism and improve motorist support services.
- Develop satellite transportation centers (Lake Success, Brentwood, Ronkonkoma, etc.) with convenient interconnection services to JFK and LaGuardia airports.
- Support solutions to provide Intelligent Transportation Systems (ITS) and information signage for improved traffic system management to reduce congestion and assist incident management.
- Encourage the development of a Long Island regional master plan for signage on limited access highways and other roads to assist motorists, educate drivers, improve safety, increase aesthetics and promote tourism, including signs for speed, courtesy, safety, cross-streets, other information, major community facilities and directions and destinations.
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