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Senate Bill S1293

2011-2012 Legislative Session

Determines workers' compensation rates based upon number of hours worked for an employer

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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2011-S1293 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §89, Work Comp L; amd §2304, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S3339

2011-S1293 (ACTIVE) - Summary

Determines workers' compensation rates based upon number of hours worked for an employer; requires maintenance of accurate records and provides a penalty for failure to maintain such records.

2011-S1293 (ACTIVE) - Sponsor Memo

2011-S1293 (ACTIVE) - Bill Text download pdf 

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

                                  1293

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law and the insurance law,  in
  relation to rates for workers' compensation

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

  Section 1. Section 89 of the workers' compensation law is  amended  by
adding two new subdivisions 4 and 5 to read as follows:
  4. FOR THE PURPOSE OF EMPLOYMENTS, PREMIUMS IN THE STATE FUND SHALL BE
DETERMINED  ON  THE BASIS OF THE NUMBER OF HOURS WORKED FOR AN EMPLOYER.
RECORDS OF HOURS WORKED WHICH ARE MAINTAINED  PURSUANT  TO  SECTION  ONE
HUNDRED NINETY-FIVE OR TWO HUNDRED TWENTY OF THE LABOR LAW, WHICHEVER IS
APPLICABLE, SHALL BE UTILIZED IN SUCH RATE DETERMINATION.
  5.  ANY  EMPLOYER  WHO  FAILS  TO  SUBMIT OR MAINTAIN ACCURATE RECORDS
REQUIRED PURSUANT TO THIS SECTION SHALL BE GUILTY OF A FRAUDULENT  PRAC-
TICE PURSUANT TO SECTION NINETY-SIX OF THIS ARTICLE.
  S  2.  Subsection  (i) of section 2304 of the insurance law, as relet-
tered by chapter 11 of the laws of 2008, is  relettered  subsection  (k)
and two new subsections (i) and (j) are added to read as follows:
  (I)  PREMIUM RATES FOR WORKERS' COMPENSATION INSURANCE FOR EMPLOYMENTS
SHALL BE BASED ON THE NUMBER OF HOURS WORKED FOR AN EMPLOYER. RECORDS OF
HOURS WORKED WHICH ARE MAINTAINED PURSUANT TO SECTION ONE HUNDRED  NINE-
TY-FIVE  OR  SECTION  TWO  HUNDRED TWENTY OF THE LABOR LAW, WHICHEVER IS
APPLICABLE, SHALL BE UTILIZED IN SUCH RATE DETERMINATION.
  (J) ANY EMPLOYER WHO FAILS TO  SUBMIT  OR  MAINTAIN  ACCURATE  RECORDS
REQUIRED IN ACCORDANCE WITH THIS SECTION SHALL BE GUILTY OF A FRAUDULENT
PRACTICE  PURSUANT  TO  SECTION  ONE  HUNDRED  FOURTEEN  OF THE WORKERS'
COMPENSATION LAW, OR OF AGGRAVATED INSURANCE FRAUD AS DEFINED IN SECTION
176.35 OF THE PENAL LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01193-01-1

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