senate Bill S4471

Vetoed By Governor
2013-2014 Legislative Session

Requires workers comp hearings and pre-hearing conferences to be stenographically recorded by a stenographer in the employ of the workers' compensation board

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Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 vetoed memo.208
Jul 19, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
ordered to third reading rules cal.315
substituted for a5235
Apr 29, 2013 referred to labor
delivered to assembly
passed senate
Apr 17, 2013 advanced to third reading
Apr 16, 2013 2nd report cal.
Apr 15, 2013 1st report cal.281
Apr 03, 2013 referred to labor

Votes

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Co-Sponsors

S4471 - Bill Details

See Assembly Version of this Bill:
A5235
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §122, Work Comp L
Versions Introduced in 2011-2012 Legislative Session:
S4112, A7508

S4471 - Bill Texts

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Requires workers' compensation hearings and pre-hearing conferences to be stenographically recorded by a stenographer in the employ of the workers' compensation board.

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BILL NUMBER:S4471

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to requiring hearings and pre-hearing conferences to be
recorded by a stenographer in the employ of the workers' compensation
board

PURPOSE:

Provides that testimony in workers compensation cases must be
stenographically recorded and transcribed by a stenographer in the
employ of the board.

SUMMARY OF PROVISIONS:

Amends § 122 of the workers' compensation law to provide that
testimony given before the Workers' Compensation Board must, in
addition to being transcribed by a stenographer in the employ of the
board, also be stenographically recorded by a stenographer in the
employ of the board.

EXISTING LAW:

Under existing law, transcripts must be transcribed by a stenographer,
which is certified by the stenographer to be true and correct.

JUSTIFICATION;

This legislation seeks to clarify the statute that testimony must be
both stenographically recorded and transcribed by a stenographer in
the employ of the board for workers' compensation cases. Plans by the
Workers' Compensation Board to allow for digital recording were found
by members of the Legislature to be in opposition to the legislative
intent of Worker's Compensation law § 122. In order to prevent any
future confusion the statute should be amended to clarify that
testimony must be both stenographically recorded and transcribed by a
stenographer in the employ of the board.

LEGISLATIVE HISTORY:

2010 Session - passed Senate
2011 Session - referred to Senate Labor Committee
2012 Session passed both, houses, vetoed by Governor (VM.
140)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately

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

                                  4471

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

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

AN ACT to amend the workers' compensation law, in relation to  requiring
  hearings  and pre-hearing conferences to be recorded by a stenographer
  in the employ of the workers' compensation board

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

  Section 1. Section 122 of the workers' compensation law, as amended by
chapter 113 of the laws of 1946, is amended to read as follows:
  S  122. Transcripts. ALL HEARINGS AND PRE-HEARING CONFERENCES SHALL BE
STENOGRAPHICALLY RECORDED BY A STENOGRAPHER IN THE EMPLOY OF THE  BOARD.
A  copy  of  the testimony, evidence and procedure of any investigation,
HEARING OR PRE-HEARING CONFERENCE, or a particular part thereof,  STENO-
GRAPHICALLY  RECORDED AND transcribed by a stenographer in the employ of
the board and certified by such stenographer to be true and correct  may
be  received  in  evidence  with the same effect as if such stenographer
were present and testifying to the facts so certified.  A copy  of  such
transcript  shall  be furnished to any party upon payment of the fee for
transcripts of similar minutes in the supreme court.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00658-01-3

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