Assembly Bill A7286

Vetoed By Governor
2021-2022 Legislative Session

Eliminates certain provisions regarding the pre-audit of expenditures from the state insurance fund by the state comptroller

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Archive: Last Bill Status Via S7177 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2021-A7286 (ACTIVE) - Details

See Senate Version of this Bill:
S7177
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §88, Work Comp L

2021-A7286 (ACTIVE) - Summary

Eliminates unconstitutional language relating to the pre-audit of expenditures from the state insurance fund by the state comptroller.

2021-A7286 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7286
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 3, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  -- (at request of the State Comp-
   troller) -- read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  eliminat-
   ing  unconstitutional  language  relating to the pre-audit of expendi-
   tures from the state insurance fund by the state comptroller

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 88 of the workers' compensation law, as amended by
 chapter 635 of the laws of 1996, is amended to read as follows:
   § 88. Administration expenses. The entire expense of administering the
 state insurance fund shall be paid out of such fund which shall  not  be
 considered  an agency or a fund of the state for the purposes of section
 four of the state finance law. The portion of such  expenses  applicable
 and chargeable to the disability benefits fund shall be determined on an
 equitable  basis  with  due  allowance  for  the  division  of  overhead
 expenses. There shall be submitted to the director of the  budget  quar-
 terly  financial  statements  on a calendar year basis. In no case shall
 the amount of administrative expenditures so authorized  for  an  entire
 year  from  the workers' compensation fund exceed twenty-five per centum
 of the earned premiums for such insurance for  that  year.  In  no  case
 shall the amount of administrative expenditures authorized for the disa-
 bility benefits fund for an entire year exceed twenty-five per centum of
 the  premiums  earned by that fund for such insurance for that year. [No
 payment, expenditure or refund out of the state insurance fund shall  be
 subject  to pre-audit by the department of audit and control as provided
 by section one hundred eleven of the state finance  law.]  All  appoint-
 ments  to positions in the state insurance fund shall be made subject to
 civil service requirements.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10693-01-1

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