Assembly Bill A3611

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3611

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON,  JOHN, ABBATE, CANESTRARI, CLARK,
  CHRISTENSEN, COLTON, DESTITO,  HEASTIE,  HOOPER,  MAYERSOHN,  MILLMAN,
  ORTIZ  --  Multi-Sponsored  by -- M.   of A. PERALTA, PERRY, WRIGHT --
  read once and referred to the Committee on Labor

AN ACT to amend the workers' compensation law and the state finance law,
  in relation to the funding of vocational rehabilitation  services  for
  injured employees

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

  Section 1. Subdivision 9 of section 15 of  the  workers'  compensation
law, as amended by chapter 331 of the laws of 1978 and the opening para-
graph  as amended by chapter 540 of the laws of 1984, is amended to read
as follows:
  9. Expenses for rehabilitating injured employees. An employee, who  as
a  result  of  injury  is  or may be expected to be totally or partially
incapacitated for a remunerative occupation and who, under the direction
of the state education department is being rendered fit to engage  in  a
remunerative  occupation, may BE ELIGIBLE TO receive [additional compen-
sation] SERVICES necessary for his OR HER rehabilitation[, not more than
thirty dollars per week  of  which  may  be  expended  for  maintenance]
ACCORDING  TO  THE PROVISIONS OF THE FEDERAL REHABILITATION ACT OF 1973,
AS AMENDED, AND ARTICLE TWENTY-ONE OF THE EDUCATION LAW.  [Such  expense
and  such  of  the]  NOTWITHSTANDING  THE PROVISIONS OF ANY LAW, RULE OR
REGULATION TO THE CONTRARY, THE COST OF SUCH REHABILITATION SERVICES AND
THE RELATED administrative expenses of the state education department as
are properly assignable to  the  expenses  of  rehabilitating  employees
entitled  to  compensation  as  a result of injuries under this chapter,
shall be paid out of FUNDS ASSIGNED TO THE EDUCATION DEPARTMENT FOR  THE
PURPOSE  OF  THE  VOCATIONAL  EDUCATION OF INDIVIDUALS WITH DISABILITIES
UNDER THE PROVISIONS OF THE  FEDERAL  REHABILITATION  ACT  OF  1973,  AS
AMENDED. THE COST TO OFFSET SUCH EXPENSES SHALL BE PAID OUT OF a special

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04639-01-9
              

A. 3611                             2

fund  created  in the following manner: The employer, or if insured, his
insurance carrier, shall pay into the vocational rehabilitation fund for
every case of injury causing death, in which there are no persons  enti-
tled  to compensation, the sum of five hundred dollars where such injury
occurred prior to July first, nineteen hundred sixty-three and  the  sum
of  one  thousand dollars where such injury shall occur on or after July
first, nineteen hundred sixty-three and the sum of two thousand  dollars
where  such  injury  shall  occur  on or after September first, nineteen
hundred seventy-eight. The commissioner of taxation and finance and  the
state comptroller shall be the joint custodians of this special fund and
may  invest  any  surplus  moneys thereof in securities which constitute
legal investments for savings banks under the laws of this state and  in
interest  bearing  certificates  of  deposit  of a bank or trust company
located and authorized to do business in this state  or  of  a  national
bank  located in this state secured by a pledge of direct obligations of
the United States or of the state of New York in an amount equal to  the
amount  of  such certificates of deposit. He OR SHE may also sell any of
the securities or certificates of deposit in which such fund is invested
if necessary for the proper administration or in the best  interests  of
such fund. The provisions of this paragraph shall not apply with respect
to  policies  containing  coverage  pursuant  to  [subdivision four-a of
section one hundred sixty-seven] SECTION  THREE  THOUSAND  FOUR  HUNDRED
TWENTY  of  the insurance law relating to every policy providing compre-
hensive personal liability insurance on a one, two, three or four family
owner-occupied dwelling.
  Disbursements from the vocational rehabilitation fund [for  the  addi-
tional  compensation provided for by this section] shall be paid [by the
commissioner of taxation and finance on  warrants  drawn  by  the  state
comptroller upon vouchers signed by the commissioner of education or the
deputy  commissioner  of  education provided that the compensation claim
number of an injured employee undergoing vocational  rehabilitation  has
been  verified by the chairman] IN ACCORDANCE WITH SECTION NINETY-SEVEN-
LLL OF THE STATE FINANCE LAW.
  [Disbursements from the vocational rehabilitation fund for administra-
tive expenses of the state education department shall  be  paid  by  the
commissioner  of  taxation  and  finance  on warrants drawn by the state
comptroller upon vouchers signed by the commissioner of education or the
deputy commissioner of education.]
  S 2. Paragraph (a) of subdivision  2  and  subdivision  3  of  section
97-lll  of  the  state  finance law, as added by section 88 of part A of
chapter 436 of the laws of 1997, are amended to read as follows:
  (a) the workers' compensation  death  benefit  accounts.  Expenditures
from  this  account  shall support services and expenses of the [special
workers' compensation] VOCATIONAL REHABILITATION program.  Notwithstand-
ing  any  other law, rule or regulation to the contrary, the comptroller
is hereby authorized and directed to  deposit  to  the  credit  of  this
account  all  moneys  collected  pursuant to subdivision nine of section
fifteen of the workers' compensation law; and
  3. Moneys of the accounts  established  in  subdivision  two  of  this
section,  following appropriation by the legislature, shall be available
to the state education department  for  services  and  expenses  of  the
[special workers' compensation] VOCATIONAL REHABILITATION program.
  S  3.  This act shall take effect April 1, 2009, provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2009.