S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3529 A. 3032
2017-2018 Regular Sessions
S E N A T E - A S S E M B L Y
January 24, 2017
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Labor
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to the
collection of premium in case of default
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 93 of the workers' compensation law, as amended by
section 24 of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
§ 93. Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by him OR HER to the
state insurance fund after due notice, his OR HER insurance in the state
fund may be cancelled and the amount due from him OR HER shall be
collected by civil action brought against him OR HER in any county wher-
ein the state insurance fund maintains an office in the name of the
commissioners of the state insurance fund and the same when collected,
shall be paid into the state insurance fund, and such policyholder's
compliance with the provisions of this chapter requiring payments to be
made to the state insurance fund shall date from the time of the payment
of said money to the state insurance fund.
b. An employer, whose policy of insurance has been cancelled by the
state insurance fund for non-payment of premium and assessments
EVIDENCED BY A JUDGMENT HOLDING THE EMPLOYER LIABLE FOR SUCH PAYMENTS
PURSUANT TO THE CIVIL ACTION DEFINED IN SUBDIVISION A OF THIS SECTION or
withdraws pursuant to section ninety-four of this article, is ineligible
to contract for a subsequent policy of insurance with the state insur-
ance fund while the billed premium on the cancelled policy remains
uncollected.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06778-01-7
S. 3529 2 A. 3032
c. The state insurance fund shall not be required to write a policy of
insurance for any employer which is owned or controlled or the majority
interest of which is owned or controlled, directly or indirectly, by any
person who directly or indirectly owns or controls or owned or
controlled at the time of cancellation an employer whose former policy
of insurance with the state insurance fund was cancelled for non-payment
of premium and assessments EVIDENCED BY A JUDGMENT HOLDING SUCH INDIVID-
UALS LIABLE FOR SUCH PAYMENTS PURSUANT TO THE CIVIL ACTION DEFINED IN
SUBDIVISION A OF THIS SECTION or withdraws pursuant to section ninety-
four of this article or who is or was at the time of cancellation the
president, vice-president, secretary or treasurer of such an employer
until the [billed premium] JUDGMENT on the cancelled policy is paid.
For purposes of this subdivision, "person" shall include individuals,
partnerships, corporations, and other associations.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.