S T A T E O F N E W Y O R K
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2764
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
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Introduced by M. of A. PRETLOW, GLICK, GALEF, LENTOL -- Multi-Sponsored
by -- M. of A. DINOWITZ -- read once and referred to the Committee on
Labor
AN ACT to amend the workers' compensation law, in relation to providing
for the implementation of domestic violence employee awareness and
assistance policies by employers and providing a disability benefits
insurance premium credit for the implementation thereof
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 210-a to read as follows:
S 210-A. DOMESTIC VIOLENCE EMPLOYEE AWARENESS AND ASSISTANCE POLICY;
CERTIFICATION OF DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALISTS. 1.
EMPLOYERS INSURED THROUGH THE STATE FUND OR ANY OTHER INSURER THAT
ISSUES POLICIES PROVIDING DISABILITY BENEFITS PURSUANT TO THIS ARTICLE,
SHALL BE ELIGIBLE FOR A CREDIT IN DISABILITY BENEFITS PREMIUMS IF THEY
IMPLEMENT A DOMESTIC VIOLENCE EMPLOYEE AWARENESS AND ASSISTANCE POLICY
THAT HAS BEEN ESTABLISHED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC
VIOLENCE, RECOMMENDED BY A DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALIST
AND CERTIFIED BY THE DOMESTIC VIOLENCE WORKPLACE POLICY PANEL ESTAB-
LISHED PURSUANT TO THIS SECTION. THE CREDIT, WHICH SHALL BE FIVE PERCENT
OF THE DISABILITY BENEFITS INSURANCE PREMIUM FOR THE IMPLEMENTATION OF A
DOMESTIC VIOLENCE EMPLOYEE AWARENESS AND ASSISTANCE POLICY, SHALL BE
PROVIDED TO THE EMPLOYER AT THE END OF THE POLICY YEAR. THE CREDIT SHALL
BE AVAILABLE FOR TWO CONSECUTIVE YEARS, PROVIDED THAT SUCH A POLICY
SHALL HAVE BEEN IMPLEMENTED FOR A MINIMUM OF SIX MONTHS DURING THE FIRST
YEAR FOR WHICH THE CREDIT IS SOUGHT, AND THAT THE POLICY SHALL HAVE BEEN
IMPLEMENTED FOR A FULL TWELVE MONTHS DURING THE SECOND YEAR FOR WHICH
THE CREDIT IS SOUGHT.
2. A SELF-INSURED EMPLOYER SHALL BE ELIGIBLE FOR A REDUCTION IN THE
SECURITY DEPOSIT PROVIDED FOR IN SUBDIVISION THREE OF SECTION TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02595-01-1
A. 2764 2
HUNDRED ELEVEN OF THIS ARTICLE IF SUCH EMPLOYER HAS IMPLEMENTED A DOMES-
TIC VIOLENCE EMPLOYEE AWARENESS AND ASSISTANCE POLICY THAT HAS BEEN
ESTABLISHED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE,
RECOMMENDED BY A DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALIST AND
CERTIFIED BY THE DOMESTIC VIOLENCE WORKPLACE POLICY PANEL ESTABLISHED
PURSUANT TO THIS SECTION. THE AMOUNT OF THE REDUCTION IN THE REQUIRED
SECURITY DEPOSIT SHALL BE NO GREATER THAN FIVE PERCENT FOR THE IMPLEMEN-
TATION OF A DOMESTIC VIOLENCE EMPLOYEE AWARENESS AND ASSISTANCE POLICY,
OR SUCH AMOUNT AS DETERMINED BY THE CHAIR OF THE BOARD TO BE NECESSARY
TO ASSURE THAT THE DEPOSIT REMAIN SUFFICIENT TO SECURE THE EMPLOYER'S
LIABILITY TO PAY THE BENEFITS REQUIRED BY THIS ARTICLE. THE REDUCTION
SHALL BE AVAILABLE FOR TWO CONSECUTIVE YEARS, PROVIDED THAT SUCH POLICY
SHALL HAVE BEEN IMPLEMENTED FOR A MINIMUM OF SIX MONTHS DURING THE FIRST
YEAR FOR WHICH THE REDUCTION IS SOUGHT, AND THAT SUCH POLICY SHALL HAVE
BEEN IMPLEMENTED FOR A MINIMUM OF SIX MONTHS DURING THE FIRST YEAR FOR
WHICH THE REDUCTION IS SOUGHT, AND THAT SUCH POLICY SHALL HAVE BEEN
IMPLEMENTED FOR A FULL TWELVE MONTHS DURING THE SECOND YEAR FOR WHICH
THE REDUCTION IS SOUGHT.
3. A. THERE IS HEREBY ESTABLISHED A DOMESTIC VIOLENCE WORKPLACE POLICY
PANEL WHICH SHALL HAVE THE RESPONSIBILITY TO: (I) RECEIVE AND REVIEW
APPLICATIONS FROM APPLICANTS FOR CERTIFICATION AS DOMESTIC VIOLENCE
WORKPLACE POLICY SPECIALISTS, (II) CERTIFY PERSONS AS DOMESTIC VIOLENCE
WORKPLACE POLICY SPECIALISTS, AND (III) REVOKE CERTIFICATION OF DOMESTIC
VIOLENCE WORKPLACE POLICY SPECIALISTS FOR JUST CAUSE.
B. THE DOMESTIC VIOLENCE WORKPLACE POLICY PANEL SHALL CONSIST OF FIVE
VOTING MEMBERS AS FOLLOWS: THE SUPERINTENDENT OF INSURANCE, THE CHAIR OF
THE BOARD, THE EXECUTIVE DIRECTOR OF THE OFFICE FOR THE PREVENTION OF
DOMESTIC VIOLENCE, OR THEIR DESIGNEES, AND TWO MEMBERS APPOINTED BY THE
GOVERNOR. THE MEMBERS APPOINTED BY THE GOVERNOR SHALL BE AS FOLLOWS: ONE
SHALL BE A REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED UPON THE
RECOMMENDATION OF THE BUSINESS COUNCIL OF NEW YORK STATE, INCORPORATED
AND ONE SHALL BE A REPRESENTATIVE OF ORGANIZED LABOR UPON THE RECOMMEN-
DATION OF THE STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL
ORGANIZATIONS. SUCH APPOINTED MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS
ARE APPOINTED BY THE GOVERNOR. THE COMMISSIONER OF LABOR, OR HIS OR HER
DESIGNEE, SHALL SERVE AS AN EX-OFFICIO NON-VOTING MEMBER OF THE DOMESTIC
VIOLENCE WORKPLACE POLICY PANEL.
C. THE DOMESTIC VIOLENCE WORKPLACE POLICY PANEL SHALL MEET AT LEAST
QUARTERLY. THE EXECUTIVE DIRECTOR OF THE OFFICE FOR THE PREVENTION OF
DOMESTIC VIOLENCE SHALL SERVE AS CHAIR OF THE PANEL. THE MEMBERS OF SUCH
PANEL SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT THEY SHALL BE
ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR DUTIES PURSUANT TO THIS SECTION.
4. THE BOARD SHALL MONITOR ALL DOMESTIC VIOLENCE EMPLOYEE AWARENESS
AND ASSISTANCE POLICIES IMPLEMENTED BY EMPLOYERS. AS PART OF THIS
RESPONSIBILITY, THE BOARD SHALL ENSURE THAT EMPLOYEE REPRESENTATIVES ARE
INVOLVED IN THE DEVELOPMENT OF SUCH POLICIES THROUGH MEETINGS AND
DISCUSSIONS WITH THE RESPECTIVE CERTIFIED DOMESTIC VIOLENCE WORKPLACE
POLICY SPECIALISTS.
5. AFTER CONSULTATION WITH THE DOMESTIC VIOLENCE WORKPLACE POLICY
PANEL, THE COMMISSIONER OF LABOR SHALL PROMULGATE RULES AND REGULATIONS
FOR THE CERTIFICATION OF DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALISTS.
SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS THAT OUTLINE THE
MINIMUM QUALIFICATION FOR DOMESTIC VIOLENCE WORKPLACE POLICY SPECIAL-
ISTS, PROCEDURES FOR CERTIFICATION, CAUSES FOR REVOCATION OR SUSPENSION
OF CERTIFICATION AND APPROPRIATE ADMINISTRATIVE AND JUDICIAL REVIEW
A. 2764 3
PROCEDURES, VIOLATIONS AND PENALTIES FOR MISUSE OF CERTIFICATION BY
CERTIFIED DOMESTIC VIOLENCE WORKPLACE POLICY SPECIALISTS, AND FEES FOR
CERTIFICATES AND CERTIFICATE RENEWALS.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, except that subdivi-
sions 3 and 5 of section 210-a of the workers' compensation law, as
added by section one of this act, shall take effect immediately.