|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 15, 2014||referred to local government|
senate Bill S7552
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7552 - Details
- Current Committee:
- Law Section:
- Volunteer Ambulance Workers' Benefit Law
- Laws Affected:
- Rpld & add §55, Vol Amb Work Ben L; rpld & add §55, Vol Ffs Ben L
S7552 - Summary
Relates to penalties for false representation and fraudulent practices; makes such provisions the same as those applicable to workers' compensation provisions.
S7552 - Sponsor Memo
BILL NUMBER:S7552 TITLE OF BILL: An act to amend the volunteer ambulance workers' benefit law and the volunteer firefighters' benefit law, in relation to penalties for false representation and to repeal certain provisions of such laws relating thereto PURPOSE: The purpose of the legislation is to ensure that sections 114 and 114-a of the workers compensation law is applicable to volunteer firefighters and volunteer ambulance workers. SUMMARY OF PROVISIONS: Section one repeals section 55 of the volunteer firefighters benefit law and replaces it with current sections 114 and 114-a of the workers' compensation law. Section two repeals section 55 of the volunteer ambulance workers benefit law and replaces it with current sections 114 and 114-a of the workers' compensation law. Section three provides for an immediate effective date. JUSTIFICATION: Currently, a volunteer firefighter or ambulance worker who is injured in the line of duty is eligible for workers' compensation benefits if he or she can demonstrate a loss of earning capacity. Additionally, both the workers' compensation law and the volunteer firefighters benefits law (VBFL) provide for criminal
S7552 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7552 I N S E N A T E May 15, 2014 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the volunteer ambulance workers' benefit law and the volunteer firefighters' benefit law, in relation to penalties for false representation and to repeal certain provisions of such laws relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 55 of the volunteer ambulance workers' benefit law is REPEALED and a new section 55 is added to read as follows: S 55. FRAUDULENT PRACTICES. 1. ANY PERSON WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS, CAUSES TO BE PRESENTED, OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER OR PURPORTED INSURER, OR ANY AGENT THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF OR THE RATING OF AN INSURANCE POLICY FOR COMPENSATION INSURANCE, OR A CLAIM FOR PAYMENT OR OTHER BENEFIT PURSUANT TO A COMPENSATION POLICY WHICH HE OR SHE KNOWS TO: (I) CONTAIN A FALSE STATEMENT OR REPRESENTATION CONCERNING ANY FACT MATERIAL THERETO; OR (II) OMITS ANY FACT MATERIAL THERETO, SHALL BE GUILTY OF A CLASS E FELONY. UPON CONVICTION, THE COURT IN ADDI- TION TO ANY OTHER AUTHORIZED SENTENCE, MAY ORDER FORFEITURE OF ALL RIGHTS TO COMPENSATION OR PAYMENTS OF ANY BENEFIT, AND MAY ALSO REQUIRE RESTITUTION OF ANY AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF THIS SUBDIVISION. 2. AN EMPLOYER OR CARRIER, OR ANY EMPLOYEE, AGENT, OR PERSON ACTING ON BEHALF OF AN EMPLOYER OR CARRIER, WHO KNOWINGLY MAKES A FALSE STATEMENT OR REPRESENTATION AS TO A MATERIAL FACT IN THE COURSE OF REPORTING, INVESTIGATION OF, OR ADJUSTING A CLAIM FOR ANY BENEFIT OR PAYMENT UNDER THE WORKERS' COMPENSATION LAW FOR THE PURPOSE OF AVOIDING PROVISION OF SUCH PAYMENT OR BENEFIT SHALL BE GUILTY OF A CLASS E FELONY. 3. A PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT OR REPRESENTATION AS TO A MATERIAL FACT FOR THE PURPOSE OF OBTAINING, MAINTAINING OR RENEWING INSURANCE UNDER THIS CHAPTER, WHETHER FOR HIMSELF OR HERSELF OR FOR ANY OTHER PERSON OR ENTITY OR FOR THE PURPOSE OF EVADING THE REQUIREMENTS OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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