|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 16, 2014||referred to rules|
senate Bill S7861
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7861 - Details
- See Assembly Version of this Bill:
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §54, Work Comp L; add §3455, Ins L
S7861 - Sponsor Memo
BILL NUMBER:S7861 TITLE OF BILL: An act to amend the workers' compensation law and the insurance law, in relation to evidence of insurance concerning persons who may elect to be excluded from coverage under a workers' compensation policy Purpose of the Bill: This bill would enable workers' compensation insurers to identify individuals working as subcontractors for another business who may in fact be employees of that business under the Workers' Compensation Law ("WCL") in order for such insurers to charge appropriate premiums to cover such individuals. This bill would also provide for verification of certificates of insurance by workers' compensation insurers. Summary of Provisions: Section 1 of the bill would add new subdivision 9 to § 54 of the WCL to require certificates of insurance to identify by name any corporate officer, partner of a partnership or limited liability partnership, member of a limited liability company or professional services limited liability company or sole proprietor who is not covered under the policy. Section 2 of the bill would add a new § 3455 of the Insurance Law to require workers' compensation insurers to (1) verify whether coverage
S7861 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7861 I N S E N A T E June 16, 2014 ___________ Introduced by Sen. SAVINO -- (at request of the State Insurance Fund) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the workers' compensation law and the insurance law, in relation to evidence of insurance concerning persons who may elect to be excluded from coverage under a workers' compensation policy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 54 of the workers' compensation law is amended by adding a new subdivision 9 to read as follows: 9. A CERTIFICATE OF INSURANCE OR OTHER PROOF OF INSURANCE FOR ANY POLICY SECURING THE PAYMENT OF COMPENSATION UNDER THIS CHAPTER SHALL IDENTIFY BY NAME ANY EXECUTIVE OFFICER OF A CORPORATION, PARTNER IN A PARTNERSHIP OR LIMITED LIABILITY PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANY OR SOLE PROPRIETOR WHO IS NOT COVERED BY THE POLICY. S 2. The insurance law is amended by adding a new section 3455 to read as follows: S 3455. VERIFICATION OF WORKERS' COMPENSATION INSURANCE COVERAGE. (A) ANY INSURER, UPON BEING PRESENTED BY THE HOLDER OF A CERTIFICATE OF INSURANCE OR OTHER PROOF OF CURRENT INSURANCE COVERAGE OF AN EMPLOYER FOR THE PAYMENT OF BENEFITS UNDER THE WORKERS' COMPENSATION LAW, SHALL VERIFY TO THE HOLDER WHETHER CURRENT COVERAGE IN FACT EXISTS. THE INSURER SHALL PROVIDE THE VERIFICATION EITHER BY ELECTRONIC ACCESS THROUGH THE INTERNET OR BY E-MAIL OR REGULAR MAIL WITHIN FIVE BUSINESS DAYS FROM THE DATE THAT THE INSURER RECEIVES THE REQUEST. (B) INSURERS SHALL REPORT TO THE WORKERS' COMPENSATION BOARD, IN THE MANNER AS REQUIRED BY THE CHAIR OF THE WORKERS' COMPENSATION BOARD, THE NAME OF ANY EXECUTIVE OFFICER OF A CORPORATION, PARTNER IN A PARTNERSHIP OR LIMITED LIABILITY PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANY OR SOLE PROPRIETOR WHO IS NOT COVERED BY THE POLICY, FOR THE PURPOSE OF MAKING SUCH INFOR- MATION AVAILABLE THROUGH A SEARCH ON A SECURE WEBSITE MAINTAINED BY THE WORKERS' COMPENSATION BOARD. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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