NY State Senate Bill 2015-S1898

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1191
Jan 06, 2016	referred to labor
Jan 15, 2015	referred to labor

Votes

- May 24, 2016 - Labor Committee Vote
  S1898
  
  Aye
  
  10
  
  Nay
  
  4
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Labor Committee Vote: May 24, 2016
      
      aye (10)
      
      Akshar
      
      Gallivan
      
      Hannon
      
      Marcellino
      
      Martins
      
      Murphy
      
      Ortt
      
      Rivera
      
      Robach
      
      Venditto
      
      nay (4)
      
      Peralta
      
      Perkins
      
      Sanders Jr.
      
      Savino
      
      aye wr (2)
      
      Addabbo Jr.
      
      Dilan

2015-S1898 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§89 & 10, Work Comp L; amd §2304, Ins L
Versions Introduced in 2013-2014 Legislative Session:: S3941

2015-S1898 (ACTIVE) - Summary

Relates to consideration of an employer's loss experience in rate setting and liability for compensation.

2015-S1898 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1898

TITLE OF BILL:

An act to amend the workers' compensation law and the insurance law,
in relation to consideration of an employer's loss experience in rate
setting; and to amend the workers' compensation law, in relation to
liability for compensation

PURPOSE OR GENERAL IDEA OF BILL:

To protect businesses from drastic premium increases in their workers'
compensation policies due to motor vehicle accidents and other
injuries that were the fault of a third party.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 1 of section 89 of the Workers'
Compensation Law to take into account "an employer's loss experience
during the most recent rating plan period; provided, however that such
loss experience shall not include payment on any claims where the
injury was determined to be the fault of another party" for the
purpose of classifying a business in order to establish premium rates.

Section 2: Amends subsection (a) of section 2304 of the Insurance Law
to include that "consideration shall be given to each individual

employer's loss experience during the most recent rating plan;
provided, however that such loss experience shall not include
consideration of payments on any claims where the injury was
determined to be the fault of another party" in the making of rates.

Section 3: Amends subdivision 1 of section 10 of the Workers'
Compensation Law to exempt employers from liability for compensation
"where the injury was sustained in a motor vehicle accident which was
determined to be the fault of a party other than the employee or the
employer, to the extent that compensation can be obtained through the
liability coverage of such person."

Section 4: Effective date.

JUSTIFICATION:

Senator Bonacic's office received a complaint that employees at a
small business were involved in two motor vehicle accidents in 2009
which were deemed to be the fault of the other parties involved.
However, New York State law is such that both employees medical
expenses and wages were covered through workers compensation rather
than auto insurance coverage. This led to the workers compensation
premium for the business to go from $14,000 to $42,000 per year for
claims that were not the fault of the employees nor the employer.

LEGISLATIVE HISTORY:

S.3941 of 2014: Died in Senate Labor Committee
S.3941 of 2013: Died in Senate Labor Committee
S.7133 of 2010: Referred to Senate Labor Committee


FISCAL IMPLICATIONS:

Potential salutary effect on the New York State Insurance Fund through
potential reduction in claims.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S1898 (ACTIVE) - Bill Text download pdf

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

                                  1898

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

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

AN ACT to amend the workers' compensation law and the insurance law,  in
  relation  to  consideration  of  an employer's loss experience in rate
  setting; and to amend the workers' compensation law,  in  relation  to
  liability for compensation

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

  Section 1. Subdivision 1 of section 89 of  the  workers'  compensation
law,  as  amended by chapter 135 of the laws of 1998, is amended to read
as follows:
  1. Employments and employees in the state fund shall be  divided  into
such  groups and classes as shall be equitable based upon differences of
industry or hazard for the purpose of  establishing  premium  rates  for
workers'  compensation insurance, and for such purpose a system of merit
rating [may] SHALL be employed which shall take account of the  peculiar
hazard  of each individual risk AND AN EMPLOYER'S LOSS EXPERIENCE DURING
THE MOST RECENT RATING PLAN PERIOD; PROVIDED,  HOWEVER  THAT  SUCH  LOSS
EXPERIENCE  SHALL NOT INCLUDE PAYMENT ON ANY CLAIMS WHERE THE INJURY WAS
DETERMINED TO BE THE FAULT OF ANOTHER PARTY.  Such premiums in the state
fund shall be fixed at the lowest possible  rates  consistent  with  the
maintenance of a solvent fund and of reasonable reserves and surplus.
  S 2. Subsection (a) of section 2304 of the insurance law is amended to
read as follows:
  (a)  In  the making of rates, consideration shall be given to past and
prospective loss experience, including the conflagration and catastrophe
hazards, if any, both within and without  this  state,  to  all  factors
reasonably  attributable  to the class of risks, to a reasonable profit,
to past and prospective expenses both country-wide and  those  specially
applicable  to  this state, and in the case of participating insurers to
policyholders' dividends, savings or unabsorbed premium deposits allowed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03340-01-5

S. 1898                             2

or returned to policyholders, members or subscribers.  IN THE MAKING  OF
RATES  FOR WORKERS' COMPENSATION INSURANCE, IN ADDITION TO THE FOREGOING
CONSIDERATION SHALL BE GIVEN TO EACH INDIVIDUAL EMPLOYER'S LOSS  EXPERI-
ENCE  DURING  THE  MOST  RECENT RATING PLAN; PROVIDED, HOWEVER THAT SUCH
LOSS EXPERIENCE SHALL NOT  INCLUDE  CONSIDERATION  OF  PAYMENTS  ON  ANY
CLAIMS WHERE THE INJURY WAS DETERMINED TO BE THE FAULT OF ANOTHER PARTY.
  S  3. Subdivision 1 of section 10 of the workers' compensation law, as
amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  Every  employer  subject  to this chapter shall in accordance with
this chapter, except as  otherwise  provided  in  section  twenty-five-a
hereof,  secure compensation to his employees and pay or provide compen-
sation for their disability or death from injury arising out of  and  in
the  course  of the employment without regard to fault as a cause of the
injury, except that there shall be no liability for  compensation  under
this  chapter when the injury has been solely occasioned by intoxication
from alcohol or a controlled substance of the injured employee while  on
duty;  or by wilful intention of the injured employee to bring about the
injury or death of himself or another; or where the injury was sustained
in or caused by voluntary participation in an off-duty athletic activity
not constituting part of the employee's work related duties  unless  the
employer  (a) requires the employee to participate in such activity, (b)
compensates the employee for  participating  in  such  activity  or  (c)
otherwise  sponsors the activity; OR WHERE THE INJURY WAS SUSTAINED IN A
MOTOR VEHICLE ACCIDENT WHICH WAS DETERMINED TO BE THE FAULT OF  A  PARTY
OTHER THAN THE EMPLOYEE OR THE EMPLOYER, TO THE EXTENT THAT COMPENSATION
CAN BE OBTAINED THROUGH THE LIABILITY COVERAGE OF SUCH PERSON.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Senate Bill S1898

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

May 24, 2016 - Labor Committee Vote

Labor Committee Vote: May 24, 2016

2015-S1898 (ACTIVE) - Details

2015-S1898 (ACTIVE) - Summary

2015-S1898 (ACTIVE) - Sponsor Memo

2015-S1898 (ACTIVE) - Bill Text download pdf

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

2015-S1898 (ACTIVE) - Details

2015-S1898 (ACTIVE) - Summary

2015-S1898 (ACTIVE) - Sponsor Memo

2015-S1898 (ACTIVE) - Bill Text download pdf

Comments