assembly Bill A4166

Provides that certain persons less than eighteen years old are not criminally responsible for the crime of criminal contempt in the second degree

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Provides that a person less than eighteen years old is not criminally responsible for the crime of criminal contempt in the second degree when the lawful process or other mandate of the court was issued in a proceeding pursuant to article seven of the family court act.

Bill Details

Versions:
A4166
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §30.00, Pen L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4166

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by M. of A. TITUS -- Multi-Sponsored by -- M. of A. PEOPLES-
  STOKES -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation  to  the  crime  of  criminal
  contempt in the second degree and the defense of infancy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 30.00 of the penal law, as amended
by chapter 481 of the laws of 1978, is amended to read as follows:
  1. Except as provided in subdivision two of  this  section,  a  person
less  than  sixteen years old is not criminally responsible for conduct,
AND A PERSON LESS THAN EIGHTEEN YEARS OLD IS NOT CRIMINALLY  RESPONSIBLE
FOR  THE  CRIME  OF CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED IN
SUBDIVISION THREE OF SECTION 215.50 OF  THIS  CHAPTER  WHEN  THE  LAWFUL
PROCESS  OR OTHER MANDATE OF THE COURT WAS ISSUED IN A PROCEEDING PURSU-
ANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06599-01-5

assembly Bill A4165

Requires the proposed site location of a charter school at the time of application where the location is in an existing school

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Requires the proposed site location of a charter school at the time of application where the location is in an existing school.

Bill Details

Versions:
A4165
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2851, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4165

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to providing the proposed
  site location of a charter school at the time of application

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (j)  of  subdivision  2 of section 2851 of the
education law, as added by chapter 4 of the laws of 1998, is amended  to
read as follows:
  (j)  Information  regarding  the  facilities to be used by the school,
including the location of the school, if known, and the means  by  which
pupils  will be transported to and from the school. If the facilities to
be used by the proposed school are not known at the time the application
is submitted, the applicant shall notify  the  charter  entity  and,  if
applicable,  the  board of regents within ten business days of acquiring
facilities for such school; provided, however, that the  charter  school
must  obtain a certificate of occupancy for such facilities prior to the
date on which instruction is to commence at the school.  NOTWITHSTANDING
THE FOREGOING, IF THE SCHOOL IS TO BE LOCATED IN A BUILDING IN WHICH  AN
EXISTING  PUBLIC  SCHOOL IS LOCATED, THE SCHOOL'S PROPOSED LOCATION MUST
BE IDENTIFIED AT THE TIME APPLICATION IS SUBMITTED.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07749-01-5

assembly Bill A4161

Requires the department of labor to restore the New York state unemployment insurance telephone claims center to lower Manhattan

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Requires the department of labor to restore the New York state unemployment insurance telephone claims center to lower Manhattan.

Bill Details

Versions:
A4161
Current Committee:
Law Section:
Insurance
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4161

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Labor

AN  ACT  requiring the New York state department of labor to restore the
  New York state unemployment insurance telephone claims center back  to
  the New York city area

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The New York state department of labor  shall  restore  the
New  York  state  unemployment insurance telephone claims center back to
the New York city area. Staffing levels shall be restored  to  pre-April
12,  2005  status,  including but not limited to the retention of the 49
employees who may want to return to such positions, such  employees  who
were  transferred  to  other  departments  and certain retirees who felt
forced to retire due to the movement of such offices from lower  Manhat-
tan to Troy, New York.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04746-01-5

assembly Bill A4146

Restricts the use of an electronic device while crossing a crosswalk; provides an exemption for the use of a hands free headset

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Restricts the use of an electronic device while crossing a crosswalk; provides an exemption for the use of a hands free headset; mandates a person in violation to be issued a summons and pay a civil fine of twenty-five dollars.

Bill Details

See Senate Version of this Bill:
S6533
Versions:
A4146
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1158, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4146

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  -- Multi-Sponsored by -- M. of A.
  ROBINSON -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  restricting
  the use of an electronic device while crossing the crosswalk

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1158 to read as follows:
  S  1158.  USE  OF ELECTRONIC DEVICES IN CROSSWALKS PROHIBITED. (A) FOR
THE PURPOSES OF THIS SECTION:
  (1) THE TERM "ELECTRONIC DEVICE" SHALL MEAN ANY  TYPE  OF  INSTRUMENT,
DEVICE  OR  EQUIPMENT WHICH IS DESIGNED TO TRANSMIT AND/OR RECEIVE TELE-
PHONIC, ELECTRIC DIGITAL SIGNALS AND ACCESS SERVICE AS WELL AS ANY  TYPE
OF INSTRUMENT DESIGNED TO HAVE SOUND AND/OR IMAGE RECORDING OR CAPTURING
CAPABILITIES  INCLUDING, BUT NOT LIMITED TO, MOBILE TELEPHONES, PORTABLE
MEDIA PLAYERS AND WIRELESS HANDHELD DEVICES PROVIDED THAT THE TERM SHALL
EXEMPT THE USE OF HANDS FREE HEADSETS OR CALLING DEVICES.
  (2) THE TERM "ENGAGING IN THE USE" SHALL MEAN  HOLDING  AN  ELECTRONIC
DEVICE  TO,  OR IN THE IMMEDIATE PROXIMITY OF, THE PERSON'S EAR, TALKING
OR LISTENING WITH SUCH ELECTRONIC DEVICE OR TEXTING AND/OR  RECEIVING  A
MESSAGE WITH SUCH ELECTRONIC DEVICE.
  (3) THE TERM "IMMEDIATE PROXIMITY" SHALL MEAN THAT DISTANCE AS PERMITS
THE  USER  OF  AN ELECTRONIC DEVICE TO HEAR OR USE ANY TRANSMISSION OVER
SUCH ELECTRONIC DEVICE BUT SHALL NOT REQUIRE PHYSICAL CONTACT WITH  SUCH
PERSON'S EAR.
  (4)  THE  TERM  "CROSSWALK"  SHALL  MEAN  THAT PART OF A ROADWAY AT AN
INTERSECTION INCLUDED WITHIN THE CONNECTIONS OF THE LATERAL LINES OF THE
SIDEWALKS ON OPPOSITE SIDES OF THE HIGHWAY BETWEEN THE CURBS OR, IN  THE
ABSENCE  OF  CURBS,  BETWEEN THE EDGES OF THE TRAVERSABLE ROADWAY OR ANY
PORTION OF A ROADWAY AT AN INTERSECTION OR  ELSEWHERE  DISTINCTLY  INDI-
CATED FOR PEDESTRIAN CROSSING BY LINES OR OTHER MARKINGS ON THE SURFACE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07992-01-5

A. 4146                             2

  (B)  NO PERSON SHALL ENTER AND CROSS A CROSSWALK WHILE ENGAGING IN THE
USE OF AN ELECTRONIC DEVICE.
  (C) A PERSON WITH AN ELECTRONIC DEVICE WHO HOLDS SUCH DEVICE TO, OR IN
THE  IMMEDIATE PROXIMITY OF HIS OR HER EAR OR WHO TYPES INTO THE DEVICE,
IS PRESUMED TO BE ENGAGING IN THE USE OF SUCH DEVICE WITHIN THE  MEANING
OF  THIS  SECTION.  THE  PRESUMPTION  ESTABLISHED BY THIS SUBDIVISION IS
REBUTTABLE BY EVIDENCE TENDING TO SHOW THAT THE USER WAS NOT ENGAGED  IN
SUCH USE.
  (D) THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ-
ING  THE SEIZURE OR FORFEITURE OF AN ELECTRONIC DEVICE, UNLESS OTHERWISE
PROVIDED BY LAW.
  (E) A PERSON WHO VIOLATES SUBDIVISION (B) OF  THIS  SECTION  SHALL  BE
ISSUED  A  SUMMONS FOR A VIOLATION OF THIS SECTION AND SHALL PAY A CIVIL
FINE OF TWENTY-FIVE DOLLARS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

assembly Bill A4144

Prohibits the investment of public employee retirement funds in companies doing business with the Republic of Sudan or its instrumentalities

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Prohibits the investment of public employee retirement funds in companies doing business with the Republic of Sudan or its instrumentalities; requires divestiture of currently invested funds.

Bill Details

Versions:
A4144
Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §423-d, R & SS L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4144

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of A. WRIGHT, ARROYO, PEOPLES-STOKES, ENGLEBRIGHT --
  Multi-Sponsored by -- M. of A. CURRAN, GANTT, GLICK, GOTTFRIED,  HOOP-
  ER, KOLB, PAULIN, RAIA, RIVERA, ROSENTHAL -- read once and referred to
  the Committee on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  the investment of certain public employee retirement funds  in  compa-
  nies  doing  business with the Republic of Sudan or its instrumentali-
  ties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings and declaration. 1. The legislature
finds that the current crisis  in  Sudan's  Darfur  region  involving  a
conflict between the Republic of Sudan and the People's Liberation Move-
ment  or Army has disrupted the peace and security for civilians and has
created a climate which violates the Human Rights of  ethnic  minorities
within this nation state.
  2.  The legislature finds that the armed conflict involving the Repub-
lic of Sudan, the National Congress Party (NCP), and the Sudan  People's
Liberation Movement has created genocidal conditions for innocent civil-
ians within the region of Darfur.
  3.  The legislature finds that the Report of the United Nations Secre-
tary General on Sudan provides evidence that the prospect for peace  and
security  in  the  Darfur  region  of the Republic of Sudan continues to
deteriorate in spite of the signing of a Comprehensive  Peace  Agreement
by  the  Republic  of  Sudan, the National Congress Party (NCP), and the
Sudan Liberation Movement.
  4. The legislature finds more than one year after the signing  of  the
Comprehensive  Peace  Agreement  a  number  of protocols and commissions
designed to end ethnic cleansing or crimes against humanity have not yet
been established. These include the Human Rights Commission,  the  Civil
Service  Commission, the Land Commission, the National Electoral Commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04977-01-5

A. 4144                             2

sion, and the Commission for the Protection of the Rights of Non-Muslims
in the National Capitol.
  5.  The  legislature finds that national security officers continue to
arrest and arbitrarily detain individuals considered to be a  threat  to
the  state, including students and human rights defenders. Ill-treatment
and torture of people  in  national  security  custody  continue  to  be
reported.  The process of legislative reform envisaged by the Comprehen-
sive Peace Agreement and the Interim National Constitution has  not  yet
commenced.
  6.  The legislature finds that in Darfur, as detailed in the report of
the Secretary General on Sudan to the U.N. Security Council, indiscrimi-
nate attacks continue against civilians, including assault and  rape  of
women  by  armed militias. Police and other officials are often involved
in human rights abuse.
  7. The legislature finds that in southern Sudan and Abyei,  rights  to
due  process  and  fair trial guarantees are hampered by a lack of human
and financial resources in the law enforcement and justice  sectors.  In
the  absence  of a functioning justice system in some regions, customary
laws are applied that do not adequately protect individual rights.
  8. The legislature finds  owing  to  lack  of  agreement  between  the
National  Congress Party and the Sudan People Liberation Movement on the
draft law for the  National  Independent  Human  Rights  Commission,  no
developments  have  taken  place in relation to the establishment of the
Commission. In addition, there have been insufficient efforts to consult
with civil society and other relevant actors in the preparation  of  the
draft law.
  9. The legislature finds that aspects of the peace agreement that were
intended  to  encourage  distributive  justice,  wealth  sharing, and to
reduce conflicts based upon a fight over the natural  resources  of  the
Republic  of Sudan have failed to progress. Specifically, the Fiscal and
Financial Allocations and Monitoring Commission and the National  Petro-
leum  Commission have failed to quantify the share of oil revenues which
were to be transferred to the Government of Southern Sudan.
  10. The legislature finds that  the  instigation  and  propagation  of
armed  conflict based upon religious extremism and a fight over petrole-
um, carbon fuels and other natural resources poses a serious  threat  to
the African Continent, and a threat to world peace and security.
  S 2. The retirement and social security law is amended by adding a new
section 423-d to read as follows:
  S  423-D.  INVESTMENT OF CERTAIN PUBLIC FUNDS IN COMPANIES DOING BUSI-
NESS IN SUDAN. 1. ON AND AFTER THE EFFECTIVE DATE OF  THIS  SECTION,  NO
MONEYS  OR ASSETS OF THE COMMON RETIREMENT FUND SHALL BE INVESTED IN THE
STOCKS, SECURITIES OR OTHER OBLIGATIONS OF ANY  INSTITUTION  OR  COMPANY
DOING  BUSINESS  IN  OR WITH SUDAN OR WITH AGENCIES OR INSTRUMENTALITIES
THEREOF. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO ASSETS
OF ANY PENSION OR ANNUITY FUND  UNDER  THE  JURISDICTION  OF  THE  COMP-
TROLLER,  SHALL  BE  INVESTED IN ANY BANK OR FINANCIAL INSTITUTION WHICH
DIRECTLY OR THROUGH A SUBSIDIARY HAS OUTSTANDING LOANS TO  OR  FINANCIAL
ACTIVITIES IN SUDAN OR ITS INSTRUMENTALITIES AND NO SUCH ASSETS SHALL BE
INVESTED  IN  THE STOCKS, SECURITIES OR OTHER OBLIGATIONS OF ANY COMPANY
WHICH DIRECTLY OR THROUGH A SUBSIDIARY IS ENGAGED IN BUSINESS IN OR WITH
SUDAN OR ITS INSTRUMENTALITIES.
  2. THE COMPTROLLER SHALL TAKE  APPROPRIATE  ACTION  TO  SELL,  REDEEM,
DIVEST OR WITHDRAW ANY INVESTMENT HELD IN VIOLATION OF THE PROVISIONS OF
THIS  SECTION. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE PREMA-
TURE OR OTHERWISE IMPRUDENT SALE, REDEMPTION, DIVESTMENT  OR  WITHDRAWAL

A. 4144                             3

OF  AN  INVESTMENT,  BUT SUCH SALE, REDEMPTION, DIVESTMENT OR WITHDRAWAL
SHALL BE COMPLETED NOT LATER THAN THREE YEARS  FOLLOWING  THE  EFFECTIVE
DATE OF THIS SECTION.
  3.  WITHIN  SIXTY  DAYS  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
COMPTROLLER SHALL FILE WITH THE LEGISLATURE A REPORT OF ALL  INVESTMENTS
HELD  AS OF THE EFFECTIVE DATE OF THIS SECTION WHICH ARE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION. EVERY YEAR THEREAFTER,  THE  COMPTROLLER
SHALL REPORT ON ALL INVESTMENTS SOLD, REDEEMED, DIVESTED OR WITHDRAWN IN
COMPLIANCE WITH THIS SECTION. EACH REPORT AFTER THE INITIAL REPORT SHALL
PROVIDE  A  DESCRIPTION  OF  THE PROGRESS WHICH THE COMPTROLLER HAS MADE
SINCE THE PREVIOUS REPORT AND SINCE THE EFFECTIVE  DATE OF THIS SECTION.
  S 3. This act shall take effect immediately.

assembly Bill A4143

Relates to unlawful discriminatory practices relating to persons recovering from alcohol and/or substance abuse

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Relates to unlawful discriminatory practices by government agencies relating to persons recovering from alcohol and/or substance abuse.

Bill Details

Versions:
A4143
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §296-d, Exec L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4143

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by M. of A. DenDEKKER, WEPRIN -- Multi-Sponsored by -- M. of
  A. BRENNAN, CERETTO, ORTIZ, ROBINSON, SKARTADOS, TITONE --  read  once
  and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry  practices  by  government  agencies relating to persons recovering
  from alcohol and/or substance abuse

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 296-d
to read as follows:
  S 296-D. UNLAWFUL  DISCRIMINATORY  PRACTICES  BY  GOVERNMENT  AGENCIES
RELATING  TO  PERSONS RECOVERING FROM ALCOHOL AND/OR SUBSTANCE ABUSE. 1.
FOR THE PURPOSES OF THIS SECTION:
  (A) "GOVERNMENT AGENCY" SHALL MEAN ANY  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION, OFFICE, AGENCY, CORRECTIONAL FACILITY, AUTHORITY OR
PUBLIC CORPORATION OF THE STATE OR  A  COUNTY,  CITY,  TOWN  OR  VILLAGE
GOVERNMENT  OR  ANY  OTHER INSTRUMENTALITY OF LOCAL GOVERNMENT OR PUBLIC
EDUCATIONAL INSTITUTION.
  (B) "ALCOHOL ABUSE" AND/OR "SUBSTANCE ABUSE" SHALL HAVE THE SAME MEAN-
INGS AS SET FORTH IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE  FOR  A  GOVERNMENT
AGENCY  EMPLOYER  TO DENY EMPLOYMENT TO A PROSPECTIVE EMPLOYEE SOLELY ON
THE BASIS THAT SUCH PROSPECTIVE  EMPLOYEE  IS  RECOVERING  FROM  ALCOHOL
AND/OR SUBSTANCE ABUSE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07990-01-5

assembly Bill A4142

Relates to who may request studies and analyses of the administration or operation of a criminal justice agency

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Relates to who may request studies and analyses of the administration or operation of a criminal justice agency.

Bill Details

Versions:
A4142
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §837, Exec L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4142

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. KEARNS -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the  executive  law,  in relation to who may request
  studies and analyses of the administration or operation of a  criminal
  justice agency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 837 of the executive law, as added
by chapter 399 of the laws of 1972 and as renumbered by chapter  603  of
the laws of 1973, is amended to read as follows:
  5. Conduct studies and analyses of the administration or operations of
any criminal justice agency when requested by the head of such agency OR
THE  MUNICIPALITY,  COUNTY  EXECUTIVE  OR  LEGISLATIVE BODY OF WHICH THE
AGENCY IS LOCATED, and make the results thereof available for the  bene-
fit of such agency;
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08404-01-5

assembly Bill A4141

Creates a private right of action against non-compliant employers

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Creates a private right of action against non-compliant employers.

Bill Details

Versions:
A4141
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Add §138, Work Comp L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4141

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Labor

AN ACT to amend the workers' compensation law, in relation to establish-
  ing a private right of action against non-compliant employers

  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 138 to read as follows:
  S 138. PRIVATE RIGHT OF ACTION. 1. RIGHT ESTABLISHED.  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, EMPLOYEES, OR IN THE CASE OF
DEATH OF THE EMPLOYEE, SUCH EMPLOYEE'S DEPENDENTS AND INSURANCE CARRIERS
SHALL  HAVE  THE  RIGHT  TO  FILE  A CIVIL SUIT, IN A COURT OF COMPETENT
JURISDICTION, AGAINST AN EMPLOYER AS PROVIDED HEREIN.
  2. CLAIMS. (A) WHEN A CLAIM FOR COMPENSATION IS FILED BY AN  EMPLOYEE,
OR  IN  THE CASE OF DEATH OF THE EMPLOYEE, BY THE EMPLOYEE'S DEPENDENTS,
AND THE EMPLOYER HAS FAILED TO SECURE THE  PAYMENT  OF  COMPENSATION  IN
ACCORDANCE  WITH SECTION FIFTY OF THIS CHAPTER, TO MAKE DEPOSIT OF SECU-
RITY IN ACCORDANCE WITH SECTION TWENTY-SIX  OF  THIS  CHAPTER,  TO  MAKE
PAYMENT OF COMPENSATION INTO THE FUND CREATED UNDER SECTION TWENTY-SIX-A
OF  THIS  CHAPTER ACCORDING TO THE TERMS OF ANY AWARD INCLUDING, WITHOUT
LIMITATION, AWARDS MADE PURSUANT TO SUBDIVISION FIVE  OF  SECTION  THIR-
TEEN-G,  SUBDIVISION  TWO  OF  SECTION  THIRTEEN-F,  SUBDIVISION FIVE OF
SECTION THIRTEEN-K, SUBDIVISION FIVE OF SECTION THIRTEEN-L AND  SUBDIVI-
SION  SIX OF SECTION THIRTEEN-M OF THIS CHAPTER, OR TO MAKE PAYMENT ON A
PREMIUM IN THREE CONSECUTIVE CALENDAR  MONTHS,  PROVIDED,  THAT  PARTIAL
PAYMENT SHALL CONSTITUTE NON-PAYMENT, SUCH EMPLOYEE OR EMPLOYEE'S DEPEN-
DENTS  MAY  INSTITUTE  AN  ACTION  IN A COURT OF COMPETENT JURISDICTION,
SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISIONS THREE AND  FOUR  OF
THIS SECTION.
  (B)  WHEN  A CLAIM FOR COMPENSATION IS FILED BY AN EMPLOYEE, OR IN THE
CASE OF DEATH OF THE EMPLOYEE, BY THE  EMPLOYEE'S  DEPENDENTS,  AND  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04797-01-5

A. 4141                             2

EMPLOYER  HAS FAILED TO SECURE THE PAYMENT OF COMPENSATION IN ACCORDANCE
WITH SECTION FIFTY OF THIS CHAPTER,  TO  MAKE  DEPOSIT  OF  SECURITY  IN
ACCORDANCE  WITH  SECTION TWENTY-SIX OF THIS CHAPTER, TO MAKE PAYMENT OF
COMPENSATION  INTO  THE  FUND CREATED UNDER SECTION TWENTY-SIX-A OF THIS
CHAPTER ACCORDING TO THE TERMS OF ANY AWARD INCLUDING,  WITHOUT  LIMITA-
TION,  AWARDS  MADE  PURSUANT TO SUBDIVISION FIVE OF SECTION THIRTEEN-G,
SUBDIVISION TWO OF SECTION THIRTEEN-F, SUBDIVISION FIVE OF SECTION THIR-
TEEN-K, SUBDIVISION FIVE OF SECTION THIRTEEN-L AND  SUBDIVISION  SIX  OF
SECTION  THIRTEEN-M  OF THIS CHAPTER, OR TO MAKE PAYMENT ON A PREMIUM IN
THREE CONSECUTIVE CALENDAR MONTHS, PROVIDED, THAT PARTIAL PAYMENT  SHALL
CONSTITUTE  NON-PAYMENT,  AN  INSURER  OR  INSURERS  THAT HAD PREVIOUSLY
INSURED SUCH EMPLOYER MAY INSTITUTE AN ACTION IN A  COURT  OF  COMPETENT
JURISDICTION, SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISIONS THREE
AND FOUR OF THIS SECTION AND PROVIDED THAT IN THE CASE OF NON-PAYMENT OF
A  PREMIUM  ONLY THE INSURER AT THE TIME OF NON-PAYMENT MAY INSTITUTE AN
ACTION AND PROVIDED FURTHER, THAT IN SUCH INSTANCE AN EMPLOYEE DESCRIBED
IN PARAGRAPH (A) OF THIS SUBDIVISION MAY ALSO  FILE  AN  ACTION  AGAINST
SUCH EMPLOYER.
  3.  NOTICE.  (A)  A  PROCEEDING  COMMENCED UNDER THIS SECTION MAY ONLY
BEGIN NINETY DAYS AFTER THE EMPLOYEE OR INSURER HAS PROVIDED  NOTICE  OF
COMPLAINT   AND  SERVED  SUCH  NOTICE  CONSISTENT  WITH  THE  APPLICABLE
PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES ON SERVICE OF PROCESS.
  (B) WHENEVER AN ACTION IS BROUGHT UNDER THIS SECTION FOR  THE  EMPLOY-
ER'S  FAILURE TO MAKE PAYMENTS ON A PREMIUM FOR THREE CONSECUTIVE CALEN-
DAR MONTHS, NO CAUSE  OF  ACTION  SHALL  BE  SUSTAINED  IF  THE  INSURER
COLLECTS,  OR  ATTEMPTS  TO COLLECT THE UNPAID PREMIUM DURING THE NOTICE
PERIOD PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION.
  4. PENALTIES. (A) A PLAINTIFF THAT  COMMENCES  AN  ACTION  UNDER  THIS
SECTION  SHALL  BE  ENTITLED  TO  TWENTY-FIVE  PERCENT OF THE EMPLOYER'S
UNPAID PREMIUM OR TWENTY-FIVE THOUSAND DOLLARS,  PROVIDED  THAT  IN  THE
CASE OF AN EMPLOYER SUBJECT TO SECTION TWENTY-SIX-A OF THIS CHAPTER, THE
PREMIUM  SHALL  BE  CALCULATED USING THE PREVAILING RATES OF COVERAGE IN
THE GEOGRAPHICAL AREA IN WHICH THE  EMPLOYER  OPERATES,  PROVIDED  THAT,
SHOULD  SUFFICIENT FACTS EXIST TO SHOW THAT THE EMPLOYER OPERATES STATE-
WIDE, THE PREVAILING RATES OF THE STATE INSURANCE FUND SHALL BE USED.
  (B) A PLAINTIFF THAT COMMENCES AN ACTION UNDER THIS SECTION  SHALL  BE
ENTITLED TO PUNITIVE DAMAGES UP TO TWENTY-FIVE THOUSAND DOLLARS.
  (C)  A  PLAINTIFF THAT COMMENCES AN ACTION UNDER THIS SECTION SHALL BE
ENTITLED TO ALL COURT COSTS AND REASONABLE ATTORNEY'S FEES.
  (D) THE BALANCE OF ANY SETTLEMENT UNDER THIS SECTION SHALL BE DEPOSIT-
ED IN THE UNINSURED EMPLOYER'S  FUND  ESTABLISHED  PURSUANT  TO  SECTION
TWENTY-SIX-A OF THIS CHAPTER.
  S  2. This act shall take effect one year after it shall have become a
law.

assembly Bill A4138

Creates the office of the taxpayer advocate

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Creates the office of the taxpayer advocate; directs such office be in the control of the department of taxation and finance; outlines functions and duties of such office; creates mandatory reporting to the governor and legislative leaders.

Bill Details

Versions:
A4138
Current Committee:
Law Section:
Tax Law
Laws Affected:
Add §§3014 & 3015, amd §170, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4138

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to amend the tax law, in relation to creating the office of the
  taxpayer advocate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The tax law is amended by adding two new sections 3014 and
3015 to read as follows:
  S 3014. OFFICE OF THE TAXPAYER ADVOCATE. (A) THERE  SHALL  BE  IN  THE
DEPARTMENT  AN  OFFICE  TO BE KNOWN AS THE "OFFICE OF THE TAXPAYER ADVO-
CATE". SUCH OFFICE SHALL BE UNDER THE SUPERVISION AND  DIRECTION  OF  AN
OFFICIAL  KNOWN AS THE "COMMISSIONER OF THE OFFICE OF THE TAXPAYER ADVO-
CATE". THE COMMISSIONER OF THE OFFICE OF THE TAXPAYER ADVOCATE SHALL  BE
APPOINTED BY THE GOVERNOR AND SHALL REPORT DIRECTLY TO THE COMMISSIONER.
THE COMMISSIONER OF THE OFFICE OF THE TAXPAYER ADVOCATE SHALL DEVOTE HIS
OR HER ENTIRE TIME TO THE DUTIES OF SUCH OFFICE.
  (B)  NO PERSON SHALL BE APPOINTED AS THE COMMISSIONER OF THE OFFICE OF
THE TAXPAYER ADVOCATE UNLESS AT THE TIME OF  SUCH  PERSON'S  APPOINTMENT
SUCH  PERSON  IS  A  RESIDENT  OF  THE STATE AND IS KNOWLEDGEABLE ON THE
SUBJECT OF TAXATION AND IS SKILLFUL IN MATTERS PERTAINING THERETO.  ONCE
APPOINTED, THE COMMISSIONER OF THE OFFICE OF THE TAXPAYER ADVOCATE SHALL
CONTINUE  IN  OFFICE  UNTIL  THE  GOVERNOR'S TERM EXPIRES AND UNTIL SUCH
GOVERNOR'S SUCCESSOR HAS BEEN APPOINTED AND HAS QUALIFIED. THE  TERM  OF
OFFICE SHALL BE AT THE PLEASURE OF THE GOVERNOR.
  (C)  IN  THE  EVENT  OF  A  VACANCY  CAUSED BY THE DEATH, RESIGNATION,
REMOVAL OR DISABILITY OF THE COMMISSIONER OF THE OFFICE OF THE  TAXPAYER
ADVOCATE, THE VACANCY SHALL BE FILLED BY THE GOVERNOR.
  (D)  (1)  THE OFFICE OF THE TAXPAYER ADVOCATE SHALL HAVE THE FOLLOWING
FUNCTIONS, POWERS, AND DUTIES:
  (I) TO ASSIST TAXPAYERS IN RESOLVING PROBLEMS WITH THE DEPARTMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04976-01-5

A. 4138                             2

  (II) TO IDENTIFY AREAS IN WHICH TAXPAYERS HAVE  PROBLEMS  IN  DEALINGS
WITH THE DEPARTMENT;
  (III)  TO PROPOSE SOLUTIONS, INCLUDING ADMINISTRATIVE CHANGES TO PRAC-
TICES AND PROCEDURES OF THE DEPARTMENT;
  (IV) TO RECOMMEND LEGISLATIVE ACTION AS MAY BE APPROPRIATE TO  RESOLVE
PROBLEMS ENCOUNTERED BY TAXPAYERS;
  (V) TO PRESERVE AND PROMOTE THE RIGHTS OF THE TAXPAYER;
  (VI) TO PROMOTE OPEN AND DIRECT COMMUNICATIONS; AND
  (VII) TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
PERFORMANCE OF ITS DUTIES.
  (2)  THE  COMMISSIONER  OF  THE  OFFICE OF THE TAXPAYER ADVOCATE SHALL
PREPARE AN ANNUAL REPORT AS TO HIS OR HER ACTIVITIES. SUCH REPORT  SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER  OF THE ASSEMBLY, AND THE COMMISSIONER NO LATER THAN THE THIRTY-
FIRST OF DECEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION AND
EVERY DECEMBER THIRTY-FIRST THEREAFTER. ANY SUCH  REPORT  SHALL  CONTAIN
FULL  AND  SUBSTANTIVE ANALYSIS, IN ADDITION TO STATISTICAL INFORMATION,
AND SHALL
  (I) IDENTIFY THE INITIATIVES THE COMMISSIONER OF  THE  OFFICE  OF  THE
TAXPAYER  ADVOCATE  HAS  TAKEN  ON  IMPROVING  TAXPAYER SERVICES AND THE
DEPARTMENT'S RESPONSIVENESS;
  (II) CONTAIN A SUMMARY OF AT LEAST FIFTEEN OF THE MOST  SERIOUS  PROB-
LEMS  ENCOUNTERED BY TAXPAYERS, INCLUDING A DESCRIPTION OF THE NATURE OF
SUCH PROBLEMS;
  (III) CONTAIN AN INVENTORY OF THE ITEMS DESCRIBED IN SUBPARAGRAPHS (I)
AND (II) OF THIS PARAGRAPH FOR WHICH  ACTION  HAS  BEEN  TAKEN  AND  THE
RESULT  OF  SUCH  ACTION;  AN  INVENTORY  FOR WHICH ACTION REMAINS TO BE
COMPLETED; AND AN INVENTORY FOR WHICH NO ACTION HAS BEEN TAKEN, AND  THE
REASONS FOR THE INACTION;
  (IV)  IDENTIFY  ANY TAXPAYER ASSISTANCE ORDER WHICH WAS NOT HONORED BY
THE DEPARTMENT IN A TIMELY MANNER AS SPECIFIED UNDER SUBDIVISION (A)  OF
SECTION THREE THOUSAND FIFTEEN OF THIS ARTICLE;
  (V)  CONTAIN  RECOMMENDATIONS  FOR SUCH ADMINISTRATIVE AND LEGISLATIVE
ACTION AS MAY BE APPROPRIATE TO RESOLVE PROBLEMS ENCOUNTERED BY  TAXPAY-
ERS; AND
  (VI)  INCLUDE SUCH OTHER INFORMATION AS THE COMMISSIONER OF THE OFFICE
OF THE TAXPAYER ADVOCATE MAY DEEM ADVISABLE.
  S 3015. TAXPAYER ASSISTANCE ORDERS. (A) THE COMMISSIONER OF THE OFFICE
OF THE TAXPAYER ADVOCATE MAY, WITH OR WITHOUT A FORMAL  REQUEST  FROM  A
TAXPAYER,  ISSUE  A  TAXPAYER ASSISTANCE ORDER THAT SUSPENDS OR STAYS AN
ACTION OR PROPOSED ACTION BY THE DEPARTMENT IF, IN THE DETERMINATION  OF
SUCH  COMMISSIONER,  THE  TAXPAYER  IS SUFFERING OR IS ABOUT TO SUFFER A
SIGNIFICANT HARDSHIP AS A RESULT OF THE MANNER IN WHICH  THE  DEPARTMENT
ADMINISTERS  THE  TAX LAWS.   A DETERMINATION BY SUCH COMMISSIONER UNDER
THIS SECTION TO ISSUE OR TO NOT ISSUE A  TAXPAYER  ASSISTANCE  ORDER  IS
FINAL AND CANNOT BE APPEALED TO ANY COURT.
  (B)  A TAXPAYER ASSISTANCE ORDER MAY REQUIRE THE DEPARTMENT TO RELEASE
PROPERTY OF THE TAXPAYER LEVIED ON, CEASE ANY  ACTION  OR  REFRAIN  FROM
TAKING  ANY  ACTION  TO  ENFORCE THE STATE TAX LAWS AGAINST THE TAXPAYER
UNTIL THE  ISSUE OR ISSUES GIVING RISE TO THE ORDER HAVE BEEN RESOLVED.
  (C) THE RUNNING OF THE  APPLICABLE  PERIOD  OF  LIMITATIONS  FOR  SUCH
DEPARTMENT  ACTION  SHALL  BE  SUSPENDED FROM THE DATE OF THE TAXPAYER'S
REQUEST FOR A TAXPAYER ASSISTANCE ORDER OR THE DATE THE ORDER IS ISSUED,
WHICHEVER IS EARLIER, UNTIL ONE OF THE FOLLOWING SHALL OCCUR:
  (1) THE EXPIRATION DATE OF THE ORDER.

A. 4138                             3

  (2) IF AN ORDER IS MODIFIED, THE EXPIRATION DATE OF  THE  MODIFICATION
ORDER.
  (3) IF AN ORDER IS RESCINDED, THE DATE OF THE RESCISSION ORDER.
  (D)  A  TAXPAYER  ASSISTANCE  ORDER  SHALL  NOT BE USED TO CONTEST THE
MERITS OF A TAX LIABILITY OR AS A SUBSTITUTE FOR INFORMAL PROTEST PROCE-
DURES OR ADMINISTRATIVE OR JUDICIAL PROCEEDINGS FOR THE REVIEW OF A  TAX
ASSESSMENT OR COLLECTION ACTION OR DENIAL OF REFUND.
  S  2.  Subdivisions 1, 3 and 4 of section 170 of the tax law, subdivi-
sions 1 and 3 as amended by chapter 282 of the laws of 1986 and subdivi-
sion 4 as amended by chapter 283 of the laws of  1986,  are  amended  to
read as follows:
  1.  The  existing  department  of taxation and finance and its present
functions are continued. The head of  the  department  of  taxation  and
finance shall be the commissioner of taxation and finance who shall have
sole  charge of the administration of such department except with regard
to the administration of the division of tax appeals which shall be  the
sole  charge  of the tax appeals tribunal authorized by article forty of
this chapter AND THE OFFICE  OF  THE  TAXPAYER  ADVOCATE  AUTHORIZED  BY
SECTIONS  THREE  THOUSAND  FOURTEEN  AND  THREE THOUSAND FIFTEEN OF THIS
CHAPTER.  The commissioner of taxation and finance shall be appointed by
the governor by and with the advice and consent of the senate and  shall
hold office as commissioner of taxation and finance until the end of the
term  of  the  governor by whom he was appointed and until his successor
has been appointed and has qualified.
  3. The commissioner of taxation and finance may establish  such  addi-
tional  divisions  and  bureaus as he may deem necessary. He may appoint
the heads of such divisions and bureaus and fix their duties and he  may
consolidate, alter or abolish any divisions or bureaus, except that such
commissioner  shall  have  no such authority or power with regard to the
division of tax appeals AND THE OFFICE OF THE TAXPAYER ADVOCATE.
  4. The commissioner of taxation and finance  may  appoint  and  remove
such  officers,  assistants and other employees as he may deem necessary
for the exercise of the powers and duties of the department, all of whom
shall be in the classified civil service unless  otherwise  provided  by
law; and he may prescribe their duties, and fix their compensation with-
in  the  amounts appropriated therefor. The commissioner of taxation and
finance may transfer officers or employees from their positions to other
positions in the department, or abolish or consolidate  such  positions.
He  shall have all powers necessary to perform the duties conferred upon
him regarding the state lottery authorized  by  article  thirty-four  of
this  chapter.  However,  the commissioner of taxation and finance shall
have no power to appoint or remove any personnel of the division of  tax
appeals OR OF THE OFFICE OF THE TAXPAYER ADVOCATE nor shall such commis-
sioner  have  any  power  or  authority with regard to the operation and
administration of such division OR OFFICE including any power or author-
ity over such division's OR  OFFICE'S  budget.  The  commissioner  shall
furnish to the director of the division of the budget the itemized esti-
mates  of  the  financial  needs  of the division of tax appeals AND THE
OFFICE OF THE TAXPAYER ADVOCATE prepared by the tax appeals tribunal AND
THE OFFICE OF THE TAXPAYER ADVOCATE. Such itemized estimates may not  be
revised or altered in any manner by the commissioner.
  S  3.  This act shall take effect immediately; provided, however, that
section 3015 of the tax law, as added by section one of this  act  shall
not  take effect until the later of April first next succeeding the date
on which it shall have become a law, or the latest  date  on  which  any
state  appropriations  relating  to  the operations of the department of

A. 4138                             4

taxation and finance for the state fiscal year commencing on such  April
first, becomes law; provided, however, that the commissioner of taxation
and finance shall take all steps necessary to promulgate rules and regu-
lations  necessary to achieve the intent and purposes of this act and to
implement this act prior to such April first  so  that  such  rules  and
regulations  shall  be  effective  on the effective date of such section
3015 of the tax law.

assembly Bill A4151

Relates to health insurance coverage for clinical laboratory services

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Requires health insurance coverage for clinical laboratory services if a covered health care provider directs a specimen to be sent to an out-of-network laboratory or refers a patient to an out-of-network laboratory for clinical laboratory services.

Bill Details

Versions:
A4151
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4151

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance  law,  in  relation  to  health  insurance
  coverage for clinical laboratory services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
amended by adding a new paragraph 32 to read as follows:
  (32)  NO SUCH POLICY SHALL LIMIT OR DENY REIMBURSEMENT FOR BENEFITS TO
ANY INSURED ON THE BASIS THAT A LABORATORY PROVIDING CLINICAL LABORATORY
SERVICES IS AN OUT-OF-NETWORK PROVIDER, IF  AN  IN-NETWORK  HEALTH  CARE
PROVIDER  DIRECTS  SPECIMENS  RETRIEVED  BY SUCH HEALTH CARE PROVIDER TO
SUCH OUT-OF-NETWORK LABORATORY OR SUCH HEALTH CARE PROVIDER DIRECTS  THE
INSURED  TO  SUCH  OUT-OF-NETWORK  LABORATORY  FOR  CLINICAL  LABORATORY
SERVICES. NO SUCH POLICY SHALL PROHIBIT  A  DULY  REGISTERED  LABORATORY
FROM PROVIDING SERVICES, PROVIDED SUCH LABORATORY AGREES TO PROVIDE SUCH
SERVICES  IN  ACCORDANCE  WITH  THE MINIMUM STANDARDS AND CONDITIONS FOR
SIMILAR PROVIDERS THAT HAVE BEEN ESTABLISHED BY SUCH POLICY.
  S 2. Subsection (e) of section 3221 of the insurance law is amended by
adding a new paragraph 9 to read as follows:
  (9) NO SUCH GROUP OR BLANKET POLICY SHALL LIMIT OR DENY  REIMBURSEMENT
FOR  BENEFITS  TO  ANY  INSURED ON THE BASIS THAT A LABORATORY PROVIDING
CLINICAL LABORATORY  SERVICES  IS  AN  OUT-OF-NETWORK  PROVIDER,  IF  AN
IN-NETWORK  HEALTH  CARE  PROVIDER  DIRECTS  SPECIMENS RETRIEVED BY SUCH
HEALTH CARE PROVIDER TO SUCH OUT-OF-NETWORK LABORATORY  OR  SUCH  HEALTH
CARE  PROVIDER DIRECTS THE INSURED TO SUCH OUT-OF-NETWORK LABORATORY FOR
CLINICAL LABORATORY SERVICES. NO SUCH  GROUP  OR  BLANKET  POLICY  SHALL
PROHIBIT  A DULY REGISTERED LABORATORY FROM PROVIDING SERVICES, PROVIDED
SUCH LABORATORY AGREES TO PROVIDE SUCH SERVICES IN ACCORDANCE  WITH  THE
MINIMUM  STANDARDS  AND  CONDITIONS FOR SIMILAR PROVIDERS THAT HAVE BEEN
ESTABLISHED BY SUCH GROUP OR BLANKET POLICY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07988-01-5

A. 4151                             2

  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (pp) to read as follows:
  (PP)  NO  SUCH  POLICY  ISSUED  BY A THIRD PARTY BENEFIT PROGRAM SHALL
LIMIT OR DENY REIMBURSEMENT FOR BENEFITS TO ANY  INSURED  ON  THE  BASIS
THAT   A   LABORATORY  PROVIDING  CLINICAL  LABORATORY  SERVICES  IS  AN
OUT-OF-NETWORK PROVIDER, IF AN IN-NETWORK HEALTH CARE  PROVIDER  DIRECTS
SPECIMENS  RETRIEVED BY SUCH HEALTH CARE PROVIDER TO SUCH OUT-OF-NETWORK
LABORATORY OR SUCH HEALTH CARE PROVIDER  DIRECTS  THE  INSURED  TO  SUCH
OUT-OF-NETWORK  LABORATORY  FOR  CLINICAL  LABORATORY  SERVICES. NO SUCH
THIRD PARTY BENEFIT PROGRAM SHALL PROHIBIT A DULY REGISTERED  LABORATORY
FROM PROVIDING SERVICES, PROVIDED SUCH LABORATORY AGREES TO PROVIDE SUCH
SERVICES  IN  ACCORDANCE  WITH  THE MINIMUM STANDARDS AND CONDITIONS FOR
SIMILAR PROVIDERS THAT HAVE BEEN ESTABLISHED BY SUCH THIRD PARTY BENEFIT
PROGRAM.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
policies and contracts issued, renewed, modified, altered or amended  on
or after such effective date.

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