Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
committed to rules |
Jun 16, 2014 |
amended on third reading 5376b |
Apr 30, 2014 |
advanced to third reading |
Apr 29, 2014 |
2nd report cal. |
Apr 28, 2014 |
1st report cal.385 |
Jan 08, 2014 |
referred to labor returned to senate died in assembly |
Jun 21, 2013 |
referred to labor |
Jun 20, 2013 |
delivered to assembly passed senate ordered to third reading cal.1562 committee discharged and committed to rules |
Jun 13, 2013 |
print number 5376a |
Jun 13, 2013 |
amend and recommit to labor |
May 16, 2013 |
referred to labor |
Senate Bill S5376A
2013-2014 Legislative Session
Sponsored By
(R, C, IP, RFM) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S5376 - Details
- See Assembly Version of this Bill:
- A7921
- Current Committee:
- Senate Rules
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Add §112-a, Work Comp L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S3512, A2199, A7330
2017-2018: S3964, A86, A7473
2019-2020: A38, A552
2021-2022: A320, A308
2013-S5376 - Sponsor Memo
BILL NUMBER:S5376 TITLE OF BILL: An act to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits PURPOSE OR GENERAL IDEA OF BILL: To prevent workers' compensation insurance fraud by ensuring that all employers in the State are appropriately classified. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill would add a new Section 112-A to the Workers' Compensation Law. Paragraph (a) of subdivision one of such Section would require periodic audits, including but not limited to, payroll records verifications and onsite physical inspections, in order to determine each employer's unique experience-rated operations for premium calculations. Construction class employers shall be audited annually and all other employers not less than biennially. Paragraph (b) of subdivision one such Section would make a knowing misrepresentation or concealment, of material information in order to avoid proper classification for purposes of premium calculations, a
2013-S5376 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5376 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The workers' compensation law is amended by adding a new section 112-a to read as follows: S 112-A. AUDITS OF EMPLOYERS. 1. (A) EMPLOYERS IN ALL CLASSES OTHER THAN THE CONSTRUCTION CLASS SHALL BE AUDITED NOT LESS FREQUENTLY THAN BIENNIALLY AND THE CHAIR OR BOARD MAY PROVIDE FOR MORE FREQUENT AUDITS OF EMPLOYERS IN SPECIFIED CLASSIFICATIONS BASED ON FACTORS SUCH AS AMOUNT OF PREMIUM, TYPE OF BUSINESS, LOSS RATIOS, OR OTHER RELEVANT FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT- ING MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED, BE AUDITED LESS FREQUENTLY THAN ANNUALLY. THE ANNUAL AUDITS REQUIRED FOR CONSTRUCTION CLASSES MAY CONSIST OF PHYSICAL ONSITE AUDITS. AT THE COMPLETION OF AN AUDIT, IF REQUESTED BY THE AUDITOR, THE EMPLOYER OR OFFICER OF THE CORPORATION AND THE AUDITOR MUST PRINT AND SIGN THEIR NAMES ON THE AUDIT DOCUMENT AFFIRMING THE ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE HUNDRED TWELVE OF THIS ARTICLE, EMPLOYERS SHALL MAKE AVAILABLE ALL BOOKS AND RECORDS NECESSARY FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT THE AUDITOR TO MAKE A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION. IF AN EMPLOYER FAILS TO PROVIDE REASONABLE ACCESS TO ALL SUCH BOOKS AND RECORDS NECESSARY FOR A PAYROLL VERIFICATION AUDIT, INCLUDING A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION, THE EMPLOYER SHALL PAY AN ADDITIONAL PREMIUM TO THE CARRIER OF THREE TIMES THE MOST RECENT ESTIMATED ANNUAL PREMIUM. (B) IF AN EMPLOYER KNOWINGLY UNDERSTATES OR KNOWINGLY CONCEALS PAYROLL, KNOWINGLY MISREPRESENTS OR KNOWINGLY CONCEALS EMPLOYEE DUTIES SO AS TO AVOID PROPER CLASSIFICATION FOR PREMIUM CALCULATIONS, OR KNOW- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11025-01-3
co-Sponsors
(D) Senate District
2013-S5376A - Details
- See Assembly Version of this Bill:
- A7921
- Current Committee:
- Senate Rules
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Add §112-a, Work Comp L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S3512, A2199, A7330
2017-2018: S3964, A86, A7473
2019-2020: A38, A552
2021-2022: A320, A308
2013-S5376A - Sponsor Memo
BILL NUMBER:S5376A TITLE OF BILL: An act to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits PURPOSE: To prevent workers' compensation insurance fraud by ensuring that all employers in the State are appropriately classified. SUMMARY OF PROVISIONS: Section 1 of the bill would add a new Section 112-A to the Workers' Compensation Law. Paragraph (a) of subdivision one of such Section would require periodic audits, including but not limited to, payroll records verifications and onsite physical inspections, in order to determine each employer's unique experience-rated operations for premium calculations. Construction class employers shall be audited annually and all other employers not less than biennially. Paragraph (b) of subdivision one such Section would make a knowing misrepresentation or concealment of material information in order to avoid proper classification for purposes of premium calculations, a fraudulent insurance practice in violation of applicable provisions of Workers' Compensation Law Section 114 and Penal Law Section 176.05.
2013-S5376A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5376--A 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The workers' compensation law is amended by adding a new section 112-a to read as follows: S 112-A. AUDITS OF EMPLOYERS. 1. (A) EMPLOYERS IN ALL CLASSES OTHER THAN THE CONSTRUCTION CLASS SHALL BE AUDITED NOT LESS FREQUENTLY THAN BIENNIALLY AND THE CHAIR OR BOARD MAY PROVIDE FOR MORE FREQUENT AUDITS OF EMPLOYERS IN SPECIFIED CLASSIFICATIONS BASED ON FACTORS SUCH AS AMOUNT OF PREMIUM, TYPE OF BUSINESS, LOSS RATIOS, OR OTHER RELEVANT FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT- ING MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED, BE AUDITED LESS FREQUENTLY THAN ANNUALLY. THE ANNUAL AUDITS REQUIRED FOR CONSTRUCTION CLASSES SHALL BE A PHYSICAL, ONSITE REVIEW OF ORIGINAL PAYROLL RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK (DISBURSEMENTS AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER- LY PAYROLL FILINGS, AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT SHALL BE CONDUCTED NO MORE THAN NINETY DAYS AFTER THE EXPIRATION OF A POLICY PERIOD. AT THE COMPLETION OF AN AUDIT, IF REQUESTED BY THE AUDI- TOR, THE EMPLOYER OR OFFICER OF THE CORPORATION AND THE AUDITOR MUST PRINT AND SIGN THEIR NAMES ON THE AUDIT DOCUMENT AFFIRMING THE ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE HUNDRED TWELVE OF THIS ARTICLE, EMPLOYERS SHALL MAKE AVAILABLE ALL BOOKS AND RECORDS NECESSARY FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT THE AUDITOR TO MAKE A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION. IF AN EMPLOYER FAILS TO PROVIDE REASONABLE ACCESS TO ALL SUCH BOOKS AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11025-02-3
co-Sponsors
(D) Senate District
2013-S5376B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7921
- Current Committee:
- Senate Rules
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Add §112-a, Work Comp L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S3512, A2199, A7330
2017-2018: S3964, A86, A7473
2019-2020: A38, A552
2021-2022: A320, A308
2013-S5376B (ACTIVE) - Sponsor Memo
BILL NUMBER:S5376B TITLE OF BILL: An act to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits PURPOSE: To prevent workers' compensation insurance fraud by ensuring that all employers in the State are appropriately classified SUMMARY OF PROVISIONS: Section 1 of the bill would add a new Section 112-A to the Workers' Compensation Law. Paragraph (a) of subdivision one of such Section would require periodic audits, including but not limited to, payroll records verifications and onsite physical inspections, in order to determine each employer's unique experience-rated operations for premium calculations. Construction class employers shall be audited annually and all other employers not less than biennially Paragraph (b) of subdivision one such Section would make a knowing misrepresentation or concealment of material information in order to avoid proper classification for purposes of premium calculations, a fraudulent insurance practice in violation of applicable provisions of Workers' Compensation Law Section 114 and Penal Law Section 176.05.
2013-S5376B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5376--B Cal. No. 385 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sens. SEWARD, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the workers' compensation law, in relation to providing incentives for productive workers' compensation audits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The workers' compensation law is amended by adding a new section 112-a to read as follows: S 112-A. AUDITS OF EMPLOYERS. 1. (A) EMPLOYERS IN ALL CLASSES OTHER THAN THE CONSTRUCTION CLASS SHALL BE AUDITED NOT LESS FREQUENTLY THAN BIENNIALLY AND THE CHAIR OR BOARD MAY PROVIDE FOR MORE FREQUENT AUDITS OF EMPLOYERS IN SPECIFIED CLASSIFICATIONS BASED ON FACTORS SUCH AS AMOUNT OF PREMIUM, TYPE OF BUSINESS, LOSS RATIOS, OR OTHER RELEVANT FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT- ING MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED, BE AUDITED LESS FREQUENTLY THAN ANNUALLY. THE ANNUAL AUDITS REQUIRED FOR CONSTRUCTION CLASSES MAY BE A PHYSICAL, ONSITE REVIEW OF ORIGINAL PAYROLL RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK (DISBURSEMENTS AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER- LY PAYROLL FILINGS, AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT OF ALL EMPLOYERS SHALL BE CONDUCTED NO MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE EXPIRATION OF A POLICY PERIOD. AT THE COMPLETION OF AN AUDIT, IF REQUESTED BY THE AUDITOR, THE EMPLOYER OR OFFICER OF THE CORPORATION MUST PRINT AND SIGN THEIR NAMES ON THE AUDIT DOCUMENT AFFIRMING THE ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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