senate Bill S5376A

2013-2014 Legislative Session

Provides incentives for productive workers' compensation audits

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 16, 2014 amended on third reading 5376b
Apr 30, 2014 advanced to third reading
Apr 29, 2014 2nd report cal.
Apr 28, 2014 1st report cal.385
Jan 08, 2014 referred to labor
returned to senate
died in assembly
Jun 21, 2013 referred to labor
Jun 20, 2013 delivered to assembly
passed senate
ordered to third reading cal.1562
committee discharged and committed to rules
Jun 13, 2013 print number 5376a
amend and recommit to labor
May 16, 2013 referred to labor

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5376 - Details

See Assembly Version of this Bill:
A7921A
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Add §112-a, Work Comp L

S5376 - Summary

Provides incentives for productive workers' compensation audits.

S5376 - Sponsor Memo

S5376 - Bill Text download pdf

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

                                  5376

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- 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  providing
  incentives for productive workers' compensation audits

  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 112-a to read as follows:
  S  112-A.  AUDITS  OF EMPLOYERS. 1. (A) EMPLOYERS IN ALL CLASSES OTHER
THAN THE CONSTRUCTION CLASS SHALL BE AUDITED NOT  LESS  FREQUENTLY  THAN
BIENNIALLY  AND  THE CHAIR OR BOARD MAY PROVIDE FOR MORE FREQUENT AUDITS
OF EMPLOYERS IN SPECIFIED  CLASSIFICATIONS  BASED  ON  FACTORS  SUCH  AS
AMOUNT  OF  PREMIUM,  TYPE  OF  BUSINESS, LOSS RATIOS, OR OTHER RELEVANT
FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT-
ING MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED,  BE
AUDITED  LESS  FREQUENTLY  THAN ANNUALLY. THE ANNUAL AUDITS REQUIRED FOR
CONSTRUCTION CLASSES MAY CONSIST  OF  PHYSICAL  ONSITE  AUDITS.  AT  THE
COMPLETION  OF  AN  AUDIT,  IF REQUESTED BY THE AUDITOR, THE EMPLOYER OR
OFFICER OF THE CORPORATION AND THE AUDITOR MUST  PRINT  AND  SIGN  THEIR
NAMES  ON  THE  AUDIT DOCUMENT AFFIRMING THE ACCURACY OF THE INFORMATION
PROVIDED THEREIN. AS REQUIRED BY SECTION  ONE  HUNDRED  TWELVE  OF  THIS
ARTICLE,  EMPLOYERS SHALL MAKE AVAILABLE ALL BOOKS AND RECORDS NECESSARY
FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT  THE  AUDITOR  TO  MAKE  A
PHYSICAL  INSPECTION  OF THE EMPLOYER'S OPERATION.  IF AN EMPLOYER FAILS
TO PROVIDE REASONABLE ACCESS TO ALL SUCH BOOKS AND RECORDS NECESSARY FOR
A PAYROLL VERIFICATION AUDIT, INCLUDING A  PHYSICAL  INSPECTION  OF  THE
EMPLOYER'S  OPERATION,  THE  EMPLOYER SHALL PAY AN ADDITIONAL PREMIUM TO
THE CARRIER OF THREE TIMES THE MOST RECENT ESTIMATED ANNUAL PREMIUM.
  (B)  IF  AN  EMPLOYER  KNOWINGLY  UNDERSTATES  OR  KNOWINGLY  CONCEALS
PAYROLL,  KNOWINGLY  MISREPRESENTS OR KNOWINGLY CONCEALS EMPLOYEE DUTIES
SO AS TO AVOID PROPER CLASSIFICATION FOR PREMIUM CALCULATIONS, OR  KNOW-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11025-01-3

Co-Sponsors

S5376A - Details

See Assembly Version of this Bill:
A7921A
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Add §112-a, Work Comp L

S5376A - Summary

Provides incentives for productive workers' compensation audits.

S5376A - Sponsor Memo

S5376A - Bill Text download pdf

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

                                 5376--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the workers' compensation law, in relation to providing
  incentives for productive workers' compensation audits

  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 112-a to read as follows:
  S 112-A. AUDITS OF EMPLOYERS. 1. (A) EMPLOYERS IN  ALL  CLASSES  OTHER
THAN  THE  CONSTRUCTION  CLASS SHALL BE AUDITED NOT LESS FREQUENTLY THAN
BIENNIALLY AND THE CHAIR OR BOARD MAY PROVIDE FOR MORE  FREQUENT  AUDITS
OF  EMPLOYERS  IN  SPECIFIED  CLASSIFICATIONS  BASED  ON FACTORS SUCH AS
AMOUNT OF PREMIUM, TYPE OF BUSINESS,  LOSS  RATIOS,  OR  OTHER  RELEVANT
FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT-
ING  MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED, BE
AUDITED LESS FREQUENTLY THAN ANNUALLY. THE ANNUAL  AUDITS  REQUIRED  FOR
CONSTRUCTION  CLASSES  SHALL  BE  A  PHYSICAL, ONSITE REVIEW OF ORIGINAL
PAYROLL RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK  (DISBURSEMENTS
AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER-
LY  PAYROLL  FILINGS,  AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT
SHALL BE CONDUCTED NO MORE THAN NINETY DAYS AFTER THE  EXPIRATION  OF  A
POLICY PERIOD.  AT THE COMPLETION OF AN AUDIT, IF REQUESTED BY THE AUDI-
TOR,  THE  EMPLOYER  OR  OFFICER OF THE CORPORATION AND THE AUDITOR MUST
PRINT AND SIGN THEIR NAMES ON THE AUDIT DOCUMENT AFFIRMING THE  ACCURACY
OF  THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE HUNDRED
TWELVE OF THIS ARTICLE, EMPLOYERS SHALL MAKE  AVAILABLE  ALL  BOOKS  AND
RECORDS  NECESSARY  FOR  THE  PAYROLL  VERIFICATION AUDIT AND PERMIT THE
AUDITOR TO MAKE A PHYSICAL INSPECTION OF THE EMPLOYER'S OPERATION.    IF
AN  EMPLOYER  FAILS  TO  PROVIDE REASONABLE ACCESS TO ALL SUCH BOOKS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11025-02-3

Co-Sponsors

S5376B (ACTIVE) - Details

See Assembly Version of this Bill:
A7921A
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Add §112-a, Work Comp L

S5376B (ACTIVE) - Summary

Provides incentives for productive workers' compensation audits.

S5376B (ACTIVE) - Sponsor Memo

S5376B (ACTIVE) - Bill Text download pdf

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

                                 5376--B
    Cal. No. 385

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens.  SEWARD, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- recommitted to the Committee on  Labor  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the workers' compensation law, in relation to  providing
  incentives for productive workers' compensation audits

  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 112-a to read as follows:
  S  112-A.  AUDITS  OF EMPLOYERS. 1. (A) EMPLOYERS IN ALL CLASSES OTHER
THAN THE CONSTRUCTION CLASS SHALL BE AUDITED NOT  LESS  FREQUENTLY  THAN
BIENNIALLY  AND  THE CHAIR OR BOARD MAY PROVIDE FOR MORE FREQUENT AUDITS
OF EMPLOYERS IN SPECIFIED  CLASSIFICATIONS  BASED  ON  FACTORS  SUCH  AS
AMOUNT  OF  PREMIUM,  TYPE  OF  BUSINESS, LOSS RATIOS, OR OTHER RELEVANT
FACTORS. IN NO EVENT SHALL EMPLOYERS IN THE CONSTRUCTION CLASS, GENERAT-
ING MORE THAN THE AMOUNT OF PREMIUM REQUIRED TO BE EXPERIENCE RATED,  BE
AUDITED  LESS  FREQUENTLY  THAN ANNUALLY. THE ANNUAL AUDITS REQUIRED FOR
CONSTRUCTION CLASSES MAY  BE  A  PHYSICAL,  ONSITE  REVIEW  OF  ORIGINAL
PAYROLL  RECORDS, EMPLOYEE RECORDS, CHECKBOOKS, CASH BOOK (DISBURSEMENTS
AND RECEIPTS), GENERAL LEDGER, CONTRACTS, TAX RETURNS INCLUDING QUARTER-
LY PAYROLL FILINGS, AND ORIGINAL CERTIFICATES OF INSURANCE. THE AUDIT OF
ALL EMPLOYERS SHALL BE CONDUCTED NO MORE THAN ONE  HUNDRED  TWENTY  DAYS
AFTER THE EXPIRATION OF A POLICY PERIOD.  AT THE COMPLETION OF AN AUDIT,
IF  REQUESTED BY THE AUDITOR, THE EMPLOYER OR OFFICER OF THE CORPORATION
MUST PRINT AND SIGN THEIR NAMES ON  THE  AUDIT  DOCUMENT  AFFIRMING  THE
ACCURACY OF THE INFORMATION PROVIDED THEREIN. AS REQUIRED BY SECTION ONE

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

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